What are Preliminary Hearings?

What is the Purpose of a Preliminary Hearing in Pennsylvania?

If you are arrested for a misdemeanor or felony in Pennsylvania, the first legal proceeding you will face is a Preliminary Hearing. The purpose of a preliminary hearing is to protect citizens against wrongful detention and prosecution. The prosecution has to prove a prima facie case meaning that a crime was probably committed and that they have enough evidence to link you with this crime (often expressed as more likely than not). If the government can prove that they have a legitimate case, the case will then be moved to the Court of Common Pleas.

Where is a Preliminary Hearing Held?

The preliminary hearing is not a trial and is held before a Magisterial District Judge without a jury.

Can I be convicted at a Preliminary Hearing?

No. The purpose of the Preliminary Hearing is to see if the Commonwealth has a legitimate case against you. Convictions for misdemeanors and felonies happen at the Court of Common Pleas, not at a Preliminary Hearing.

How will the prosecution try to prove my charges?

Normally, the Commonwealth will try to introduce some evidence, such as the arresting police officer’s testimony, to build its case. After each witness, your attorney will have the ability to question anyone who testifies against you (called cross-examination).
The Government does not have to produce every piece of evidence it may have gathered against you, the accused. Remember the burden at a preliminary hearing is very low. The Government’s goal is to show that they have enough evidence to have a case against you – as we often say, all the Commonwealth has to show is that a crime was probably committed, and that you, the accused, were probably the person who did it.

What will my attorney do at a Preliminary Hearing?

If you hire an attorney from The McShane Firm, your attorney will create as many issues of fact, law, common sense, and especially science as possible. The goal is always first to have the charges dismissed and if not, create a reasonable doubt in the mind of the arresting officer and/or the prosecutor even if the charges go forward. If we can achieve a reasonable doubt in their minds, then frequently we will never see a Jury trial as they might give up.
Another goal is to get the witnesses to lock in their testimony so they cannot change their statements at a later time. Any testimony that is given at a preliminary hearing can be used in later proceedings so if an officer testifies one way at the preliminary hearing, if he tries to change his story later, we can use his prior testimony to show his inconsistent statements. This is a very powerful tool when it comes to credibility of a witness.

Another attorney recommended that I waive my Preliminary Hearing. Is this sound advice?

At The McShane Firm, our default position is to take the preliminary hearing because there are many benefits that we can get from this:
This is our first opportunity to see and hear the evidence against you and we can see what the prosecution plans to do.
The police officer testifies under oath and this allows us to lock the officer to this testimony. If the officer tries to change their testimony later on in the process, we have a record showing the contradictions.
If the government is insufficiently prepared or the evidence does not hold up, we may be able to get the charges dismissed.
There are some instances where a waiver of your preliminary hearing is necessary. You will have an opportunity to speak with your attorney at length before deciding how you want to proceed.

Can my charges be dismissed at a Preliminary Hearing?

The attorneys at The McShane Firm have helped many citizens get their charges dismissed at their preliminary hearing. Each case is different so we cannot guarantee any particular outcome but here are some reviews from clients whose cases were dismissed:

I called at midnight the night before my hearing and spoke with Attorney Barrouk for almost an hour. He attended my hearing and got my charges dismissed.

T.M., Harrisburg

Tier 3 Dui. Sixteen lawyers told me it was a lost cause. Mr. Jefferis got my charges dropped. And I was able to keep my CDL and my job. I recommend you guys to everyone. Definitely the best!!!!

S.A.

I hired Jason to represent me for my preliminary hearing. We met a few days before to talk about the case and he was very attentive and took notes and came to court ready. Which allowed for my charges to be dismissed and gave a really good cross argument and was very knowledgeable about what he was trying to prove.

Terry

My overall experience has been exactly as every review I have read on your website. Very experienced, knowledgeable staff, eager to take on what I thought was impossible. From initial consultation to the preliminary hearing, it has been an exceptional experience. Seeing him (Attorney Barrouk) in action was jaw dropping and very incredible to see and knowing he was beside me, representing me, put me at ease. Tim was amazing from start to finish and only looking out for my best interests which to me is everything.

DA (DUI: Highest Rate w/ Accident)

Attorney Barrouk was very professional in handling my case at the MDJ hearing. He was particularly skilled in his questioning of witness testimony in order to expose the full truth of my case. In the end the charge was dismissed and I can now move forward with this unfortunate circumstance behind me.

WF

I was referred to Attorney Fahnestock. From the initial consultation he was professional, and knowledgeable. I was facing serious charges, and pretty nervous about the situation. Corey made me feel at ease, and that he was fighting for the best outcome. He got back to me in a timely manner to address any concerns, and remained attentive and professional throughout this whole process. Corey ultimately got my most serious charge dismissed. He refused to settle until we reached agreeable terms. I could not be more pleased. I highly recommend Attorney Fahnestock.

Jesus

What should I do now?

Preliminary hearings are very important and we highly recommend that you have a trained and professional attorney at your side. We use the preliminary hearing to put your case in the best possible position. This can save you a lot of grief, distress, and money in the long run. Please call 1-866-MCSHANE for a free, detailed case consultation and put the power and experience of The McShane Firm to work for you.