From the moment you are arrested in Philadelphia County, you become part of a complex criminal justice process. There are various steps involved before you face trial or have the opportunity to strike a plea deal, and if you’re facing felony charges in the county, one such step is the “preliminary hearing.” Although not technically trials, these hearings are still formal court appearances that require careful management and thorough preparation. Indeed, they are your first major opportunity to expose the weaknesses in the prosecution’s case and present a compelling defense. That’s why you should not face a preliminary hearing––or indeed any stage of the criminal justice process––alone. Instead, contact the LLF Law Firm Criminal Defense Team online or by phone at 888.535.3686 to secure representation from experienced Philadelphia County criminal defense attorneys.
What Is a Preliminary Hearing in Philadelphia County?
A preliminary hearing is a formal court hearing and a critical early step in the criminal justice process. Essentially, the purpose of a preliminary hearing is to establish a case against the defendant. It is to show what is known in legal terms as “probable cause”. Probable cause means that, based on the evidence available, a reasonable person would believe that the crimes occurred as described and that the defendant is the perpetrator.
Put simply, the preliminary hearing is the prosecution’s opportunity to justify why they believe a defendant should face trial for the alleged crime(s). If the prosecution fails at this stage, there’s insufficient evidence to suggest the defendant is the perpetrator or that the crime(s) occurred as described.
Felony vs. Misdemeanor Charges
In PA, defendants usually have the right to a preliminary hearing whether they’re facing felony or misdemeanor charges. However, in Philadelphia County, only defendants on felony charges, such as violent crimes or serious drug charges, receive preliminary hearings. Misdemeanor offenses go straight to trial at the local Municipal Court.
Felony charges carry serious long-term consequences, with the possibility of significant jail time. Having the LLF Law Firm Criminal Defense Team on your side is crucial to ensuring you understand the charges and present the most effective possible defense at your hearing.
Probable Cause vs. Beyond a Reasonable Doubt
Probable cause is a “lower” standard of proof than “beyond reasonable doubt”. Probable cause means it’s more likely than not that the defendant is guilty of the charges. However, beyond a reasonable doubt means there is, essentially, no other logical explanation for what occurred than to say the defendant is guilty of the charges. This is what the prosecution must show at trial, which is why, even if a preliminary hearing goes against you, it’s by no means a guarantee that you will be found guilty at trial.
When Does the Preliminary Hearing Take Place?
Preliminary hearings in Philadelphia County take place typically no later than 14 days after the initial arrest. It’s possible for preliminary hearings to take place sooner than this––sometimes within just a few days of the arrest.
Who Conducts Philadelphia County Preliminary Hearings?
In Philadelphia County, hearing examiners have the authority, according to PA law, to conduct preliminary hearings. Although not technically judges, hearing examiners have the legal knowledge and authority to conduct hearings, make decisions and recommendations, and ensure defendants are afforded their procedural rights.
Where Do Preliminary Hearings Take Place in Philadelphia County?
Philadelphia County preliminary hearings take place in the Criminal Justice Center within the Municipal Court located on Filbert Street.
What Rights Does the Accused Have at a Preliminary Hearing?
Defendants have various procedural and legal rights in Philadelphia County procedural rights. Every defendant has the right to:
- Legal representation by counsel
- Cross-examination of witnesses
- Presentation of their own evidence
- Calling of their own witnesses
Your attorney can explain, in detail, what rights you have at preliminary hearings and how to exercise them.
Can I Waive the Preliminary Hearing?
Yes. A defendant can waive the preliminary hearing. At this point, your case proceeds directly to the Court of Common Pleas. You will be officially arraigned and notified of the charge(s) against you. You will enter a plea to each charge, e.g., guilty or not guilty.
Should I Waive the Preliminary Hearing?
Although waiving a preliminary hearing may speed up the court process and save you the stress of an initial court appearance, it deprives you of the chance to challenge the prosecution’s case at an early stage. However, in some cases, such as when you may wish to seek a plea deal, it could make sense to skip the preliminary hearing and proceed directly to arraignment and plea negotiations.
You should not waive a preliminary hearing until contacting the LLF Law Firm Criminal Defense Team for personalized advice and representation. Your attorney will ensure you under the pros and cons of waiving a preliminary hearing in Philadelphia County based on the strengths and weaknesses of your case.
What Happens During the Preliminary Hearing?
The goal of any preliminary hearing is to determine the strength of the prosecution’s case and to ascertain whether there’s probable cause the defendant is guilty. The onus is on the prosecution to present evidence during the hearing to persuade the court that the case against the defendant has merit. However, defendants may cross-examine witnesses and present their own evidence.
The court determines, based on the evidence available, whether there’s probable cause to proceed to trial or whether the case should be dismissed.
How Does the Prosecutor Establish Probable Cause?
The prosecutor will present evidence to establish a legal basis for prosecuting the named defendant for the offense. The evidence presented depends upon the facts of the case. However, examples include:
- Witness testimony
- Attending officer statements and observations
- Photographs and video evidence
- Testimony following warranted searches of the defendant’s property
It’s not enough that the prosecution has reasonable suspicion that the defendant allegedly committed a crime. They must present sufficient evidence to convince the court that the defendant should be brought to trial.
Will the Alleged Victim Be Present at the Hearing?
Typically, yes, unless it’s a property-related offense, in which case the victim may submit written testimony instead. Normally, though, the alleged victim will be asked to appear as a witness at the preliminary hearing. This is because the hearing’s purpose is to show that a crime most likely occurred and that the defendant is the probable culprit. The alleged victim’s evidence is, therefore, crucial to the prosecution’s case.
What Happens if the Preliminary Hearing Goes Against Me?
Do not be alarmed if the prosecution “wins” the preliminary hearing. Since the burden of proof is probable cause rather than beyond a reasonable doubt, it’s much easier for the prosecution to establish a case based on even vague or tentative evidence than it is to secure a conviction at trial. As such, losing the preliminary hearing does not automatically mean you will be found guilty.
However, depending on the facts of your case and the evidence available, your LLF Law Firm attorney will explain how best you might proceed after the preliminary hearing. They’ll discuss the pros and cons of pleading guilty or not guilty at the next stage, and they’ll ensure you have the knowledge you need to make informed decisions going forward.
How Do I Prepare for a Preliminary Hearing?
Preparing for your hearing means working closely alongside your LLF Law Firm defense attorney to present an effective case and expose the weaknesses of the prosecution’s position. Specifically, you may take the following actions.
- Ensure you understand the exact charges against you.
- Ask your attorney questions about criminal procedures to ensure everything is clear and you understand the defense strategy.
- Gather evidence to support your position, e.g., photographs, communications, and witness evidence.
- Ensure you are open and honest with your attorney so they can advise and defend you most effectively.
- It’s very unlikely you will be questioned by the prosecution at this stage, but you might start thinking about how you would answer prosecution questions should the case proceed to trial.
What Happens After a Preliminary Hearing?
Should the prosecution establish probable cause, the defendant is arraigned. At this stage, the defendant receives official and formal notice in court of the charges against them and they enter a plea. The trial date is set, but the prosecution and defense will typically confer before this date to discuss possible plea deals or options for concluding the case.
If the prosecution fails to establish probable cause at the preliminary hearing, the court dismisses the charges based on insufficient evidence.
Do I Need an Attorney if I’m Facing a Preliminary Hearing in Philadelphia County?
Technically, no, since you are entitled to represent yourself “pro se”, meaning on your own behalf. However, it is strongly recommended that you opt for legal representation from the Philadelphia County criminal defense attorneys at the LLF Law Firm instead.
Remember, court rules are complex, and attention to detail is critical. One mistake or oversight can derail your entire defense. Your attorney will ensure you understand how the process works and assist you in meeting any procedural or administrative responsibilities or filing any required motions. They will also help you present the most compelling possible case in court based on their knowledge of criminal law and how best to challenge the prosecution’s assertions.
And although it’s common for the prosecution to “win” at the procedural hearing stage, it’s still in your best interest to cast as much doubt as possible on the prosecution’s case against you. Only with an experienced attorney’s help and guidance can you do this most effectively––which is where the LLF Law Firm Criminal Defense Team can assist.
Retain Experienced Preliminary Hearing Defense Attorneys in Philadelphia County
Preliminary hearings are serious matters and effective representation is crucial. The LLF Law Firm Criminal Defense Team has extensive experience representing individuals facing criminal prosecution and understands exactly how to help you through this challenging and complex process. No matter how high the odds seem stacked against you, we are on hand, ready to guide you through your preliminary hearing and ensure you understand what to expect from criminal proceedings. It’s our goal to help you achieve the most favorable possible outcome in your case––call the LLF Law Firm Criminal Defense Team now at 888.535.3686 or tell us about your case online to secure the representation you need and deserve.