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A preliminary hearing in Pennsylvania is typically the first major step in a criminal case. The purpose of a preliminary hearing is not to determine guilt or innocence, 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 low.
During a preliminary hearing, the Commonwealth presents its evidence in an attempt to establish that the case should proceed, while the defense works to show that the prosecution has failed to meet even that minimal burden of proof. This stage gives the defense an 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 criminal 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 happens during a preliminary hearing in Pennsylvania?
A preliminary hearing is typically the first significant stage after criminal charges are filed. The prosecution (Commonwealth) presents evidence and witness testimony to show there is enough proof that a crime may have been committed and that the accused likely participated. The defense uses this opportunity to challenge the credibility or sufficiency of the evidence before the case proceeds to trial.
2. Is guilt or innocence decided at a preliminary hearing?
No. The purpose of a preliminary hearing is not to determine guilt or innocence. Instead, it’s a screening process to decide whether the case should move forward to the Court of Common Pleas for trial. The burden of proof for the prosecution is very low — only “prima facie” evidence is required, meaning there must be probable cause to believe a crime occurred.
3. Can charges be dismissed at a preliminary hearing?
Yes. If the prosecution fails to meet its burden of proof, the judge can dismiss some or all of the charges. In other cases, prosecutors may voluntarily withdraw charges. Experienced criminal defense lawyers, like Michael Kotik of SKA Law Group, often use this stage to expose weaknesses in the prosecution’s case and argue for dismissal or charge reduction.
4. Can the Commonwealth refile charges if they’re dismissed?
Under Pennsylvania law, the Commonwealth has the right to refile charges that were dismissed at a preliminary hearing if new evidence is found or if procedural grounds support refiling. However, an effective defense strategy can discourage refiling or weaken the prosecution’s position.
5. Why is having an attorney at a preliminary hearing so important?
A knowledgeable criminal defense attorney can question witnesses, contest unreliable evidence, and influence how the case proceeds. Lawyers who practice exclusively in criminal law, such as Michael Kotik, understand local court procedures and can leverage this stage to strengthen the defense before trial.