should you have a lawyer when you go to a preliminary hearing

What is the primary purpose of the preliminary hearing?

Is the purpose of a preliminary hearing to determine the guilt of a defendant?

Who decides if there is enough evidence to formally charge the accused?

What type of plea is most similar to a guilty plea?

What Occurs at a Preliminary Hearing?

At a preliminary hearing, the prosecutor presents evidence and witnesses that establish probable cause that the defendant committed the crime charged. The defendant may cross-examine witnesses and may present his own evidence to prove that there is no probable cause that he committed the crime.

Are There Preliminary Hearings for All Criminal Cases?

No. Most jurisdictions hold preliminary hearings only when the defendant is charged with a felony. Other jurisdictions use a grand jury indictment instead of a preliminary hearing. Some jurisdictions require both a preliminary hearing and a grand jury indictment before the case will proceed. A preliminary hearing may also be waived.

What Are the Differences Between a Preliminary Hearing and a Trial?

Preliminary hearings are different from a trial in many different ways:

Is a Preliminary Hearing Beneficial for a Defendant?

A defendant can benefit from a preliminary hearing because the defense attorney can determine how strong the prosecutor’s evidence is, who the witnesses are, and what the witnesses will say to prove the prosecutor’s claim. The defense can also determine how strong the prosecutor’s case is against the defendant.

What Can I Do If I Have an Upcoming Preliminary Hearing?

If you are accused of committing a crime or have an upcoming preliminary hearing, you should speak to a criminal lawyer immediately to learn more about your rights, your defenses, and the complicated legal system.

Can you have an attorney at a preliminary hearing?

But not always. You have the right to be represented by an attorney at your preliminary hearing. Your attorney will be able to explain to you the charges, what form of punishment you may be facing (probation or prison) and make arguments on your behalf.

What is the purpose of preliminary hearing?

Instead, the purpose of a preliminary hearing is to determine whether there is enough evidence for the case to move forward. If so, the case will move downtown to “big court”. If they can not, your attorney can make a motion to dismiss. At that point the case may be over for good.

Where is the preliminary hearing in Lancaster County?

In Lancaster County certain preliminary hearings are held downtown at the courthouse (DUI’s and domestic violence cases). The arresting officer will file the the criminal charges.

What does the District Attorney do when an arresting officer is arrested?

The arresting officer will file the the criminal charges. The District Attorney’s Office will prosecute those charges by offering evidence against you. Evidence can take the form of testimony from witnesses, scientific testing, and statements made to the police. A preliminary hearing does not determine guilt or innocence.

Who files criminal charges?

The arresting officer will file the the criminal charges. The District Attorney’s Office will prosecute those charges by offering evidence against you. Evidence can take the form of testimony from witnesses, scientific testing, and statements made to the police.

What is preliminary hearing?

The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses. However, the defense cannot object to using certain evidence, and in fact, evidence is allowed to be presented at a preliminary hearing that could not be shown to a jury at trial.

How long does it take to get a preliminary hearing?

It must be held within 14 days of the initial appearance if the defendant is being held in jail. If the defendant is out on bail, it must be scheduled within 21 days of the initial appearance. The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses.

What happens if a defendant pleads not guilty?

Once the defendant has entered a plea of not guilty, a preliminary hearing will often be held. The prosecutor must show that enough evidence exists to charge the defendant. Preliminary hearings are not always required, and the defendant can choose to waive it.

Can a defense object to a preliminary hearing?

However, the defense cannot object to using certain evidence, and in fact, evidence is allowed to be presented at a preliminary hearing that could not be shown to a jury at trial. If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled.

What happens if a judge does not believe the evidence establishes probable cause?

However, if the judge does not believe the evidence establishes probable cause that the defendant committed the offence, they will dismiss the charges.

Can the defense cross-examine witnesses?

The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses. However, the defense cannot object to using certain evidence, and in fact, evidence is allowed to be presented at a preliminary hearing that could not be shown to a jury at trial.

Why should you have an attorney working for you at the preliminary hearing?

You should have an attorney working for you at the hearing because it can be a valuable tool for your defense.

Can you go to jail based on preliminary hearing?

Many people wonder if they can be sent to jail based on the results of the preliminary hearing. In an overwhelming majority of cases, prosecutors are able to convince the judge to continue the criminal justice process. However, this has nothing to do with your freedom at this point.

What is preliminary hearing?

A preliminary hearing is like a mini-trial that happens during certain criminal cases. In order to move forward with the process, the prosecutor must convince the judge that there is probable cause for felony charges. They will need to bring some evidence during this phase to support that, and this includes witnesses and other proof.

What do you need to convince the judge that there is probable cause for a felony charge?

They will need to bring some evidence during this phase to support that, and this includes witnesses and other proof. Many people wonder if they can be sent to jail based on the results of the preliminary hearing.

What does the prosecutor need to convince the judge?

In order to move forward with the process, the prosecutor must convince the judge that there is probable cause for felony charges. They will need to bring some evidence during this phase to support that, and this includes witnesses and other proof.

Can a prosecutors convince a judge to continue the criminal justice process?

In an overwhelming majority of cases, prosecutors are able to convince the judge to continue the criminal justice process. However, this has nothing to do with your freedom at this point. It does not change whether you are able to remain out on bail if bail has been set. It is imperative that you have the right representation from ...

What does it mean to be prevailing at preliminary hearing?

For law enforcement, prevailing at a preliminary hearing just means that they will be able to continue prosecuting you.

What is a preliminary hearing?

The preliminary hearing is an extremely important step in the criminal justice process, and our criminal lawyers have successfully moved for dismissal of some or all of the charges in countless cases. In most cases, the “prelim” is the first opportunity for our criminal defense lawyers to challenge the evidence and charges against you.

Can a defendant waive a preliminary hearing?

In the suburban counties, it is much more common for the defendant to waive the preliminary hearing as the prosecutors and police officers often make offers to resolve the case or dismiss some of the charges in exchange for a waiver of the hearing.

Why is hearing so confusing?

Although the hearing is a critical step in the process, it can also be frustrating and confusing for the defendant because the hearing differs significantly from the trial. The proceedings sort of look like a trial, but it is not the actual trial.

Can a preliminary hearing be heard in Philadelphia?

This is particularly true for preliminary hearings in Philadelphia. Even in the counties where prosecutors are more often allowed to use hearsay, the hearing still provides the defense with the opportunity to cross examine the lead detective or police officer in the case.

Can a Commonwealth motion bypass a preliminary hearing?

Third, in cases involving lengthy investigations conducted by investigating grand juries, the Commonwealth may file a motion to bypass the preliminary hearing under certain circumstances and attempt to use the grand jury’s presentment instead of providing the defendant with a preliminary hearing.

Who must present evidence to prove a prima facie case?

The prosecutor or affiant (main police officer or assigned detective) must present enough evidence to prove a prima facie case for each charge. This standard requires the District Attorney to prove that it is more likely than not that a crime was committed and that the defendant did it.

Can the Commonwealth prove a charge against a defendant?

Although Rule 542 allows the Commonwealth to rely on some hearsay at a preliminary hearing, the Supreme Court has held that the Commonwealth may not prove the charges against a criminal defendant solely through the use of hearsay without violating a defendant's right to due process under the Pennsylvania Constitution.

Why can't you waive a preliminary hearing?

In some cases, the examination will: reveal defenses that were not readily apparent, reveal witnesses who do a poor job of testifying, show the prosecutor there are problems with the case. To give up the right to a hearing, the accused must:

Can a defendant waive the right to a preliminary hearing?

A defendant facing felony charges can waive the right to a preliminary hearing per Penal Code 860. This is usually done to: prevent the prosecutor from adding new charges or conduct enhancements. expressly giving up the right to the hearing. waive the right to counsel in open court (except capital cases).

Why give up preliminary examination?

Although unusual, some reasons to give up the right to a preliminary examination include: it avoids preserving testimony of witnesses (especially reluctant ones), bail status might be affected if evidence shows the crime to be aggravated, it locks in the charges and avoids evidence of offenses not in the complaint.

How to give up the right to a hearing?

To give up the right to a hearing, the accused must: expressly waive the right to the hearing, be represented by an attorney. Please note that even if the hearing is waived the prosecutor or the judge can still insist that one be held.

What happens if a preliminary hearing is waived?

by evidence taken at the preliminary examination. If the hearing was waived, then the prosecutor is left with the offenses and information in the complaint. Please note that even if the preliminary hearing is waived the prosecutor or judge may still insist that one be held.

What is the hearing in a felony case?

The hearing may be the only time in a felony case that evidence is taken. Under Penal Code 865 & 866, the accused has the right to: confront prosecution witnesses, present evidence at the hearing to negate an element of an offense, impeach prosecution evidence, OR. establish an affirmative defense.

Can you waive preliminary hearing in a felony?

In some felony cases it may be beneficial for the accused to waive the preliminary hearing. (See Penal Code 860). Although unusual, some reasons to give up the right to a preliminary examination include: it avoids preserving testimony of witnesses (especially reluctant ones), bail status might be affected if evidence shows the crime to be ...

Several sound tactical reasons can support a defendant's decision to waive the preliminary hearing and instead proceed to trial

Several sound tactical reasons can support a defendant's decision to waive the preliminary hearing and instead proceed to trial.

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