Your preliminary hearing is a key first step in the criminal case against you. It is here that the district judge will consider the evidence and determine whether it supports proceeding to trial. The prosecution wants to establish that a crime was committed and that you are the person who likely committed it. Not only do you have the right to an attorney at this juncture, but you are well advised to have one on your side. Our experienced Lancaster criminal defense attorneys at Chieppor & Egner are standing by to help.
What is a Preliminary Hearing?
At your preliminary hearing, the judge is tasked with determining if the state has adequate evidence to move forward with the charge against you. This court action is not a trial but is, instead, the state’s means of establishing that the available evidence suggests you committed the crime in question. Generally, preliminary hearings are scheduled within several weeks of arraignment, which is the formal reading of the charges.
Knowing Your Rights in Pennsylvania
The primary purpose of having skilled legal guidance in your corner is protecting your rights, which include the right to counsel, along with all the following:
- The right to cross-examine anyone who testifies against you in order to test the validity of their testimony
- The right to present your own evidence and to call witnesses who testify on your behalf
- The right to discovery and disclosure regarding the evidence that the state has against you
- The right to argue for a reduction in bail or for a modification
Our criminal defense attorneys can protect your rights while laying the groundwork for a solid defense.
Why Having a Defense Lawyer in Court Is Important During your Preliminary Hearing
During your preliminary hearing, the prosecution will present the evidence that they have against you. This gives your seasoned criminal defense attorney the chance to gain considerable insight into your case, which can facilitate strategizing a stronger defense.
The state may introduce evidence in all the following forms:
- The testimony of any witnesses to the alleged crime
- Police reports
- Physical evidence
In response, your resourceful criminal defense lawyer can cross-examine the witnesses and delve into the credibility of the evidence presented. The more doubt they can cast on the integrity of the state’s case, the more likely the court is to dismiss the case against you. Barring this, however, your attorney’s skilled efforts may lead to a lighter charge or to a favorable plea deal.
Turn to Our Experienced Lancaster Criminal Defense Lawyers for the Help You Need
Our Lancaster criminal defense attorneys at Chieppor & Egner dedicate our practice to fiercely advocating for favorable case resolutions on behalf of all our valued clients, and we are here for you, too. For more information about everything we can do to help you, please do not delay reaching out by contacting us online or giving our firm a call at 717-393-1400 today.
FAQ’s
Is a preliminary hearing the same as a trial?
No. A preliminary hearing is not a trial and does not determine guilt or innocence. Its purpose is only to determine whether there is sufficient evidence to move the case forward to the next stage in the criminal process.
When does a preliminary hearing take place?
In Pennsylvania, a preliminary hearing usually occurs within a few weeks after the arraignment, which is the formal reading of the criminal charges against the defendant.
Do I need a lawyer for a preliminary hearing in Pennsylvania?
Yes, it is strongly recommended to have a criminal defense attorney present during a preliminary hearing. A lawyer can protect your rights, challenge the prosecution’s evidence, and begin building a defense strategy early in the process.
Can a case be dismissed at a preliminary hearing?
Yes. If the judge determines that the prosecution has not presented enough evidence to establish probable cause, the charges may be dismissed at the preliminary hearing stage.
What should I do if I am facing a preliminary hearing in Pennsylvania?
If you are facing a preliminary hearing, it is important to contact an experienced criminal defense attorney as soon as possible. Legal representation can help protect your rights, challenge the prosecution’s case, and guide you through the criminal justice process.
