There are many stages to the criminal justice process beyond the trial, one of which is the preliminary hearing. This is a pretrial hearing where prosecutors must prove to a judge that there is enough evidence to hold the defendant over for trial. Although matters of guilt or innocence are not at issue here, we may still be able to challenge the charges.
A preliminary hearing in Philadelphia is typically reserved only for cases involving felonies. If you are charged only with misdemeanors or lesser offenses, you may not have a preliminary hearing. Prosecutors must present a prima facie case, meaning they must present sufficient evidence to suggest that a crime was committed and that the defendant is likely the perpetrator. We have the chance to see some of the prosecutor’s evidence at this hearing and challenge it. If successful, the charges could be dropped or reduced.
Speak to our Philadelphia criminal defense lawyers to get started with a free case review by calling Kenny, Burns & McGill at (215) 423-5500.
What is a Preliminary Hearing?
A preliminary hearing, often referred to simply as a “prelim,” is a formal legal proceeding in which the prosecution must establish a prima facie case, demonstrating to the court that sufficient evidence exists to warrant a trial. Although the issue of guilt is not decided at the prelim, the hearing is still a crucial step in the judicial process.
This is not proof beyond a reasonable doubt, and you are not deemed guilty if the prosecutor proves a prima facie case. If the prosecutor cannot prove a prima facie case, our Bucks County criminal defense lawyers may argue for the judge to dismiss the charges against you.
Legal Procedures in a Philadelphia Preliminary Hearing
Although the preliminary hearing is not a full trial, it is still a formal legal proceeding, and certain procedures will take place that you must be ready for.
Prosecutors Present Evidence
During the prelim, the prosecutor in charge of the case must present evidence to the court that a crime has been committed and that you are likely the perpetrator. They do not have to prove guilt beyond a reasonable doubt, and they do not have to present all the evidence they have. We can challenge their evidence at this stage while also gaining insight into their legal strategy.
Direct and Cross-Examination of Witnesses
Prosecutors may present witnesses during the prelim. Just like in a trial, we have the right to cross-examine these witnesses, possibly impeaching them and undermining their testimony. Even if we cannot impeach a witness, we at least will know what they plan to say in court, and we can adjust our defense strategies accordingly.
Bail Determinations
Depending on the outcome of the preliminary hearing, we may request an adjustment to your bail conditions. If charges are dismissed or reduced at the prelim, we may argue for a reduction in your bail or for you to be released on your own recognizance.
Do I Have to Present Evidence During a Preliminary Hearing in Philadelphia?
You are not required to present evidence during a preliminary hearing, but you are allowed to if doing so is part of your legal strategy. In many cases, defendants choose not to present any evidence and instead use the preliminary hearing to gather information about the prosecutor’s case. However, if our West Chester, PA criminal defense lawyers have evidence that may seriously undermine the charges against you, we can present it during the prelim in the hopes of having the charges dismissed or reduced.
Possible Outcomes of a Preliminary Hearing
Preliminary hearings may end with a trial being scheduled, dismissed charges, or other outcomes that you should discuss with your lawyer.
Charges Dismissed or Held Over for Trial
If the prosecutor presents sufficient evidence, the judge will hold you over for trial, and future proceedings and hearings will be scheduled.
If the prosecutor does not present enough evidence to establish a prima facie case, the judge may reduce or completely dismiss some or all the charges against you. It is also possible that charges may be refiled later if prosecutors uncover additional evidence that can be used to support the case.
Plea Agreements
Many defendants arrive at their prelims knowing that the evidence against them is overwhelming. As such, they may decide to talk to the prosecutor at the prelim in the hopes of working out a plea agreement. We may wait to see what kind of evidence the prosecutor presents and then negotiate a plea deal.
FAQs for Philadelphia Preliminary Hearings
What Happens at a Philadelphia Preliminary Hearing?
The preliminary hearing requires prosecutors to show that there is enough evidence to warrant a full criminal trial. If the prosecutor’s evidence is lacking, the charges might be dismissed.
When Does a Preliminary Hearing Happen?
Preliminary hearings tend to be scheduled quickly, and many of them happen within about 10 days of the defendant’s arrest.
Do I Have to Have a Preliminary Hearing?
Preliminary hearings in Philadelphia are only for defendants facing felony charges. Such defendants may choose to waive their right to a prelim, and their case will automatically be held over for trial.
Do I Need a Lawyer for a Preliminary Hearing?
Criminal defendants are allowed to represent themselves at all hearings and proceedings, but it is wise to have a lawyer help you. If you do not have an attorney during your preliminary hearing, you may ask the judge for a continuance, giving you time to hire a lawyer.
How Can I Fight My Charges at a Preliminary Hearing?
The issue of guilt or innocence is not at issue at a prelim, but you can still challenge the case against you by highlighting the prosecutor’s lack of evidence. If they do not have enough evidence, you can argue for the judge to dismiss the charges.
What Comes After a Preliminary Hearing?
If you are held over for trial after a preliminary hearing, your next hearing is the formal arraignment. This is where you are formally notified of the charges against you and given the chance to enter a plea.
Call Our Philadelphia Criminal Defense Lawyers for Legal Help Immediately
Speak to our Delaware County, PA criminal defense lawyers to get started with a free case review by calling Kenny, Burns & McGill at (215) 423-5500.
