November 22, 2016 | admin WHAT IS A PRELIMINARY HEARING IN PENNSYLVANIA CRIMINAL COURT

A preliminary hearing in Pennsylvania criminal court is there to help your criminal attorney set up your case. It is not actually a part of your trial, but it gives your lawyer a chance to do many things right from the beginning that can benefit you greatly once your case is brought before a jury. Sometimes, a defendant will take the option that they have and waive their preliminary hearing altogether. That is not them admitting that they are guilty, but it takes away an opportunity for their lawyer to do everything that they can to help the case.

The reason that some defendants may waive their preliminary hearing in Pennsylvania is because they feel that the Commonwealth will have no problem meeting their burden. In addition to that, the defendant may want to send a direct signal that they want their case to progress forward. But still, it is always going to be to your benefit not to make this decision spontaneously and/or on your own. That is what your defense attorney is there for – to give you the best advice that they possibly can, which includes what is the smartest decision for you to make concerning your attendance or absence at this hearing.

At your preliminary hearing, the Commonwealth will call upon the witnesses in your case, and your lawyer may as well. This will be your attorney’s chance to present a good argument to the court. They will also have the opportunity to cross-examine those witnesses the Commonwealth called upon, as well as object to any of the evidence being used against you if they feel that it is inacceptable. Even though this hearing is not your trial, it is the only opportunity that your defense attorney has to cross-examine witnesses before the actual trial begins. This is why a defendant should not waive their hearing if their lawyer does not agree with them doing so.

There is a very low burden on the part of the prosecution that day, and many times they [Commonwealth] will win. Still, during this hearing, the defense lawyer will halt their client from making any type of serious mistakes. For example, if you were going to testify to any of the statistics in your case, and your attorney knew that your statements could be used to hurt you later on in your trial, they would stop you from doing so. Your defense attorney sees the bigger picture of your case before and during your preliminary hearing in Pennsylvania criminal court.

To learn more information about the preliminary hearing as it pertains to your criminal matter, please feel free to call us at 215-833-0133.