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A preliminary hearing in Pennsylvania is typically the first major step in a criminal case. The preliminary hearing is not to determine a verdict, but to decide whether the charges brought against an individual are supported by sufficient evidence. The burden of proof for the Commonwealth at this stage is extremely low.
During a preliminary hearing, the Commonwealth presents its evidence in an attempt to establish that the case should move forward, while the defense works to show that the prosecution has failed to meet even that minimal burden of proof. This stage gives defense counsel the opportunity to challenge the sufficiency of the evidence and argue that certain charges should not be “bound over” for trial.
In some situations, the Commonwealth may withdraw specific charges, or the judge may dismiss them entirely if the evidence is found insufficient. Likewise, there are cases where skilled defense attorneys, successfully secure dismissals at the preliminary hearing stage. However, even when charges are dismissed, the Commonwealth retains the right to refile under certain circumstances.
Ultimately, having the right legal team can make all the difference. Michael Kotik of SKA Law Group is available to answer questions, explain the process in detail, and provide strong representation during your preliminary hearing and throughout your entire criminal case.
FAQs About Preliminary Hearings in Pennsylvania
1. What is the main goal of a preliminary hearing in Pennsylvania?
The purpose of a preliminary hearing is to determine whether the Commonwealth has enough evidence to move the case to trial. It is not meant to decide guilt or innocence but simply to confirm there is probable cause that a crime occurred and the defendant may be responsible.
2. How high is the burden of proof at this stage?
The burden of proof at a preliminary hearing is very low — often described as “prima facie” evidence. This means the prosecution must only show that a crime was likely committed and that there is reasonable cause to believe the defendant was involved, not that guilt has been proven beyond a reasonable doubt.
3. What can happen during or after a preliminary hearing?
Depending on the evidence presented, a judge can decide to send the case to trial (“bind over” the charges), dismiss certain charges, or, in some cases, the prosecution may withdraw charges voluntarily. If the Commonwealth’s evidence is weak, the defense can successfully argue for dismissal.
4. Can the prosecution refile dismissed charges?
Yes. Pennsylvania law allows the Commonwealth to refile charges that were dismissed at a preliminary hearing if new evidence comes to light or procedural grounds justify refiling. However, such decisions often face higher scrutiny, and experienced defense lawyers can contest them effectively.
5. Why should I have an attorney represent me at a preliminary hearing?
A skilled defense attorney plays a crucial role during this stage. They can cross-examine witnesses, challenge the evidence’s credibility, and preserve testimony for later use in trial. Having representation from an experienced criminal defense lawyer like Michael Kotik ensures your rights are protected and that no legal opportunity for dismissal is missed.