Getting arrested in Montgomery County, Pennsylvania – or anywhere else in the state – is one of the most stressful experiences that anyone can go through. Being in custody, not knowing exactly what's going to happen next, when you'll be released, and what the eventual outcome of your case will be can be frustrating and frightening. The criminal justice process is complicated, and when you've been arrested on felony charges, you can expect it to include multiple steps that can drag on for months.
One important step in the criminal justice process is the preliminary hearing. It's the first time you will have a chance to hear what evidence prosecutors have against you and to present any defenses in response. And while the preliminary hearing won't resolve your case, it can sometimes set the stage for an eventual resolution on favorable terms. That's why you need the help of the LLF Law Firm's Criminal Defense Team at your preliminary hearing. Call us today at 888.535.3686 or fill out our contact form to learn more about how we can help.
What is a Preliminary Hearing in Montgomery County?
A preliminary hearing takes place in court. It is an important early step in any criminal case in Montgomery County. Consider it the prosecution's first time to argue to a judge that it has what is called “probable cause” to bring criminal charges against you. At the preliminary hearing, prosecutors don't need to prove their case against you “beyond a reasonable doubt” – that is for the trial stage. At the preliminary hearing stage, they only need to show that they have what is called a “prima facie” case – that there is probable cause to believe that a crime was committed, and that you committed it.
If prosecutors can't show the judge that they have a “prima facie” case against you, the judge will dismiss the charges. Otherwise, your case will move forward.
Felony vs. Misdemeanor Charges
In Montgomery County, both misdemeanor and felony cases will typically have a preliminary hearing. Both types of cases can have serious consequences for your future, but felony cases, of course, are worse. If convicted on a felony charge, you may spend years or even decades in prison. That is why if you have been charged with any crime, but especially a felony, you need the help of one of the experienced attorneys from the LLF Law Firm's Criminal Defense Team to present the strongest defense possible to the charges you face. That defense effort begins with your preliminary hearing.
Probable Cause vs. Beyond a Reasonable Doubt
As noted above, there is a big difference between what prosecutors must prove at your preliminary hearing versus what they must prove at trial. At your preliminary hearing, they need only show that they have probable cause to believe you committed the crime or crimes you're charged with. Another way of looking at that is that prosecutors must convince the judge that it is more likely than not that you committed the crime or crimes. That's like saying there is at least a 51% chance that you are guilty.
The standard at trial is much higher – prosecutors must prove their case beyond a reasonable doubt. That's why if your charges are not dismissed at the preliminary hearing stage, it doesn't necessarily mean that you will be found guilty at trial.
When Does the Preliminary Hearing Take Place?
In most cases, the court will schedule the preliminary hearing within two weeks of the arrest. The exact date is up to the judge and, at times, the prosecutor and your defense attorney.
Who Conducts Preliminary Hearings in Montgomery County?
In Montgomery County, preliminary hearings are conducted in one of the county's 29 Magisterial District Courts by a Magisterial District judge.
Where do Preliminary Hearings Take Place in Montgomery County
There are more than 15 different Magisterial District Court locations in Montgomery County, some of which have more than one Magisterial District Judge. Your preliminary hearing will take place at one of these courts. It is extremely important to know exactly which court location and which judge you are to appear before for your preliminary hearing. When you work with the LLF Law Firm's Criminal Defense Team, your attorney will make sure you have the correct information so you know when and where you are supposed to be.
Magisterial District Courts
Magisterial District Courts handle more than just preliminary hearings in criminal cases. They also hear lower-level criminal cases, traffic cases, municipal code violations, landlord-tenant disputes, and civil disputes where the damages are $12,000 or less.
If you have been charged with a more serious crime, such as a felony, if your case is not dismissed at the preliminary hearing stage, it will continue before a different judge at the Court of Common Pleas, located at the Montgomery County Courthouse in Norristown.
What Rights Does the Accused Have at a Preliminary Hearing?
At the preliminary hearing, you have a number of legal rights. These include the right:
- To be represented by an attorney
- To present evidence in your defense
- To call your own witnesses
- To cross-examine the prosecution's witnesses
- To argue against the prosecution's evidence
Your attorney from the LLF Law Firm's Criminal Defense Team understands what your rights are during your preliminary hearing and how to exercise those rights on your behalf.
Can I Waive the Preliminary Hearing?
It is not unusual for defendants to choose to waive the preliminary hearing. That decision is best made in consultation with your attorney. It does not count “against you” if you waive the hearing. It simply means that you will enter a plea to each charge you're facing (which in most cases will be a “not guilty” plea) and move on to the next stage of your case.
Should I Waive the Preliminary Hearing?
Whether or not to waive the preliminary hearing is a tactical decision that is based on a number of factors, including the amount and strength of the evidence that the prosecution has against you. Other factors include the stress of having to go through a court appearance that includes a hearing, the availability of evidence and witnesses that you may use in your own defense, and whether you intend to seek a plea deal.
The best way to make a decision about whether to waive your preliminary hearing is to discuss it with your attorney. If you are working with the LLF Law Firm's Criminal Defense Team, your attorney will review your options with you and help you decide whether waiving your Montgomery County preliminary hearing makes sense in your case.
What Happens During the Preliminary Hearing?
It is up to the prosecution to present its evidence at the preliminary hearing to support the criminal charges it is bringing against you. If it fails to present enough credible evidence, the judge may dismiss the charges against you. While you can cross-examine the prosecution's witnesses and present your own evidence in your defense at the preliminary hearing, you are not required to do so because the outcome of the hearing does not determine whether you are guilty or not.
If, after hearing all of the evidence, the judge believes that there is probable cause to move forward with a trial, your case will proceed. If the prosecution fails to meet its burden, the judge will dismiss your case.
How Does the Prosecutor Establish Probable Cause?
As noted above, the prosecutor has the burden of providing evidence at the preliminary hearing to support the charges against you. Mere suspicion without evidence isn't enough. The evidence, of course, will vary depending on the case, but can include:
- Testimony from witnesses
- Photo or video evidence
- Police testimony
- Testimony based on evidence discovered during a legal search
Note that the defense can also introduce its own evidence. If, after all of the evidence is in, the judge is not convinced that the prosecution has probable cause to bring the charges against you, the case will be dismissed. Otherwise, it will move forward towards a trial.
Will the Alleged Victim be Present at the Hearing?
In most cases, the alleged victim will be present, though in certain property-related cases, the victim's written testimony may be presented by the prosecution. In other cases, the victim will appear and will testify to help support the prosecution's allegations against the defendant.
What Happens if the Preliminary Hearing Goes Against Me?
It is not unusual for preliminary hearings to go against the defendant, and when they do so, it does not mean the defendant will necessarily be convicted at trial. That is because the prosecution's burden of proof at the preliminary hearing stage is so much lower than it is at trial. So if you “lose” the preliminary hearing, it is by no means a guarantee that you will be found guilty at trial.
Your attorney from the LLF Law Firm can explain what your options are if your preliminary hearing does go against you, and can help you decide what steps to take as your case moves forward.
How Do I Prepare for a Preliminary Hearing?
The best way to prepare for your preliminary hearing is to work with one of the experienced attorneys from the LLF Law Firm's Criminal Defense Team. We will explain what's going to happen, what the strengths and weaknesses are in the prosecution's case, and what your defenses are.
The number one thing you can do at this stage is to be as open and honest with your attorney as possible. Your discussions with your attorney are privileged, so you should feel free to let them know everything that may relate to the charges against you. You may also be able to help your attorney gather evidence in your defense, including identifying and locating witnesses who may be able to help you.
Finally, don't be afraid to ask your attorney questions! You have a right to understand what's going on, and when it comes to facing criminal charges and the criminal justice process, there is no such thing as a bad question.
What Happens After a Preliminary Hearing?
If the prosecution can't convince the judge that it has probable cause to bring its charges against you, your case will be dismissed. If it does meet its burden, you will have to enter a plea – guilty or not guilty – to each of the charges you're facing. Then your case will move forward, either in the Magisterial District Court for lower-level offenses, or at the Court of Common Pleas in Norristown for more serious ones.
In cases where your case is moving forward, it is likely that your attorney and the prosecutor will discuss various plea bargain scenarios. Remember – whether to accept any plea bargain is always up to you.
Do I Need an Attorney if I Face a Preliminary Hearing in Montgomery County?
Any defendant is free to represent themselves in their own criminal case. This is called proceeding “pro se.” Judges will almost always discourage defendants from doing this, though, especially if the charges are serious.
When the possibility of a criminal record and even jail time is on the line, it makes sense to have the help of one of the experienced criminal defense attorneys from the LLF Law Firm. We know Pennsylvania's criminal laws, rules, and procedures, and we have experience defending clients in preliminary hearings all across Montgomery County. When you retain an attorney from the LLF Law Firm's Criminal Defense Team, you get the benefit of all of that experience focused on your defense.
The LLF Law Firm Criminal Defense Team Can Protect Your Rights at Your Preliminary Hearing
The LLF Law Firm's Criminal Defense Team has years of experience helping clients all across Pennsylvania, including in Montgomery County, defend themselves against criminal charges in preliminary hearings and other criminal case proceedings. We know what it takes for prosecutors to meet the heavy burden they have to convict you beyond a reasonable doubt. The sooner you contact us, the sooner we can begin protecting your rights and fighting to defend you against the allegations you're facing.
To learn more about how the LLF Law Firm's Criminal Defense Team can defend you against criminal charges, call us today at 888.535.3686 or submit our contact form, and we will get back to you to schedule a confidential consultation. Tell us about your case, and let us tell you how we can help.
