What is a Preliminary Hearing?
A preliminary hearing or preliminary examination is known as a probable cause hearing. It is not a trial. Before you can be made to stand trial on a felony, the prosecution must show that there is a rational basis for the charge against you. The government must produce evidence that convinces a judge that there is a some reason to believe that the crime has been committed and that you are liable for the act or acts charged. Only a minimal showing is needed for this hearing. Not all of the rules of evidence apply to these hearings and in some instances the actual witnesses do not have to “testify” in person. The defense has an opportunity to produce evidence at this hearing but this is rarely done since the prosecution must present so little evidence. The defense does, however, have the right to cross-examine any witnesses called by the prosecution. Another thing that may happen during the preliminary hearing process is that your lawyer may make certain motions on your behalf. Your atto
Preliminary Hearing is a hearing which must be held not less than three or more than ten days after the Preliminary Arraignment of a person charged with a non-summary crime. At a Preliminary Hearing the Commonwealth will call witnesses and present evidence in order to attempt to establish a Prima Facia Case. If a Prima Facia Case is established the case will be held for court. The Preliminary Hearing stage is an extremely important step in the criminal process as it is the first opportunity for a defense attorney to cross examine witnesses, inspect the physical evidence and assess the Commonwealths case against the accused.
If you are charged with a felony that is not within the jurisdiction of the District Court you may request a preliminary hearing at or within ten (10) days after your initial appearance in District Court. The preliminary hearing will be held in the District Court. Failure to make a timely request is considered a waiver of a preliminary hearing , unless the Court orders otherwise. Before proceeding with the preliminary hearing, the District Court shall make sure that you have received a copy of the charging document and shall read or state to the you the substance of each offense. The State’s Attorneys’ Office will then present relevant evidence to the Court . You are entitled to cross-examine witnesses, but not present evidence. If the Court finds after the preliminary hearing that there is probable cause to believe that you committed the offense(s), the conditions of pretrial release established shall be continued unless changed by the Court.
In FELONY cases only, A defendant has a right to a speedy preliminary hearing within 10 court days of the date of arraignment. At this hearing the district attorney must present evidence sufficient to convince a judge that a felony has been committed and that the person charged IS the person who committed the crime. This type of hearing does not apply to misdemeanors.
