What Is a Preliminary Hearing?

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A preliminary hearing in Pennsylvania is typically the first major step in a criminal case. The preliminary hearing is not to determine a verdict, but to decide whether the charges brought against an individual are supported by sufficient evidence. The burden of proof for the Commonwealth at this stage is extremely low. During a preliminary hearing, the Commonwealth presents its evidence in an attempt to establish that the case should move forward, while the defense works to show that the prosecution has failed to meet even that minimal burden of proof. T

This stage gives defense counsel the opportunity to challenge the sufficiency of the evidence and argue that certain charges should not be “bound over” for trial. In some situations, the Commonwealth may withdraw specific charges, or the judge may dismiss them entirely if the evidence is found insufficient. Likewise, there are cases where skilled defense attorneys, successfully secure dismissals at the preliminary hearing stage. However, even when charges are dismissed, the Commonwealth retains the right to refile under certain circumstances.

Ultimately, having the right legal team can make all the difference. Michael Kotik of SKA Law Group is available to answer questions, explain the process in detail, and provide strong representation during your preliminary hearing and throughout your entire criminal case.

Frequently Asked Questions About the Preliminary Hearing Process in Pennsylvania

1. What does a preliminary hearing determine?
A preliminary hearing determines whether there is enough probable cause for the case to proceed to trial. The judge decides if the prosecution’s evidence suggests a crime was likely committed and that the accused may have been involved. It is not meant to prove guilt or innocence.

2. How strict is the burden of proof at a preliminary hearing?
The Commonwealth’s burden of proof at this stage is very limited. Unlike at trial, prosecutors do not need to prove guilt beyond a reasonable doubt. They only need to provide enough credible evidence to show probable cause — a much lower threshold.

3. What role does the defense play during a preliminary hearing?
The defense uses the hearing to cross-examine witnesses, test the reliability of the prosecution’s evidence, and preserve testimony for later use at trial. It’s also an opportunity to expose weaknesses in the case and push for the dismissal or reduction of charges.

4. Can charges be dismissed or reduced before trial?
Yes. If the judge finds that the prosecution’s evidence is insufficient, some or all charges can be dismissed. Prosecutors may also withdraw charges voluntarily when the evidence doesn’t meet legal standards. Skilled attorneys often use this stage to negotiate reductions before the case advances.

5. Can dismissed charges be brought back later?
Under Pennsylvania criminal procedure, the Commonwealth can refile dismissed charges if new evidence emerges or if the dismissal resulted from a technical or procedural error. However, defense counsel can challenge the refiling to prevent the case from proceeding again.

6. Why should I have an attorney at this stage of the case?
An experienced defense attorney understands how to navigate the nuances of a preliminary hearing. Lawyers like Michael Kotik of SKA Law Group can identify weaknesses in the prosecution’s case, argue for early dismissals, and protect clients’ rights from the very beginning of the criminal process.