What Is a Preliminary Hearing?

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A preliminary hearing in Pennsylvania is typically the first major step in a criminal case. As Michael Kotik of SKA Law Group explains, the purpose of a preliminary hearing is not to determine guilt or innocence, but rather to decide whether the charges brought against an individual are properly 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—often led by Michael Kotik and his team—**works to show that the prosecution has failed to meet even that minimal burden of proof. 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, like Michael Kotik, 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.