Philadelphia Preliminary Hearing Lawyer

Arraignment

The first court appearance for an individual charged with a crime is a type of hearing called an arraignment. If the accused faces possible jail or prison time, an arraignment is designed to formally advise them of the charges made against them. During the arraignment, the accused may be asked to enter a plea, and the judge may also decide whether to release the defendant on his or her own recognizance or on bail or bond, pending trial. Legal counsel is highly recommended prior to an arraignment hearing.

What Is a Preliminary Hearing?

A preliminary hearing is the first court appearance following the arraignment. During this proceeding, a judge will listen to the state’s evidence, ultimately determining whether there is enough evidence to bring the case to trial. During a preliminary hearing, the defense is given the opportunity to present their own evidence, such as the defendant’s alibi, but this is not required.

Because both sides have the opportunity to be heard, it is critical that all defendants secure the services of a trusted Philadelphia preliminary hearing lawyer. In some cases, a talented and experienced attorney can convince the judge that there is not sufficient evidence to establish probable cause, leading to a dismissal.

Grand Jury Proceedings

In some states, grand jury proceedings serve as a preliminary hearing alternative. Rather than presenting evidence to a magistrate or judge, as is done in Pennsylvania, the prosecution and defense make the same case to a grand jury of 23 peers. The grand jury then determines whether there is enough probable cause for the state to bring a case to trial, and if 12 of the 23 believe there is enough evidence, an indictment is brought against the defendant.

Preliminary Hearing Timing

The Constitution, as well as the constitutions of individual states, limit the amount of time that a defendant can be incarcerated without a preliminary hearing. In Pennsylvania, preliminary hearings must occur three to 10 days after the arrest was initially made if the defendant is still incarcerated. Failing to conduct a preliminary hearing in this timeframe results in the defendant being released. However, if the defendant was arrested, held, and later released on his or her own recognizance or bail/bond, the preliminary hearing can be scheduled for a later time.

The Sixth Amendment guarantees those accused of crimes the right to a speedy trial, and failing to hold a preliminary hearing within a reasonable amount of time is considered a rights violation. In fact, many cases have been dismissed due to preliminary hearing delays lasting months or years after the initial arrest. However, there are some situations in which a delay may be deemed reasonable by a judge, which does not constitute a rights violation.

What Is a Philadelphia Preliminary Hearing Lawyers’ Role?

Ultimately, the biggest decision a preliminary hearing lawyers in Philadelphia make has to do with whether or not to present evidence and whether or not the defendant should testify on his or her own behalf. When the state has ample evidence to bring a case to trial, and the defense has very little to prove otherwise, it is often in the defendant’s best interest to simply let the state present its evidence and say very little in rebuttal.

However, there are often cases in which defendants have a very solid alibi, the defendant was otherwise incapable of committing the crime, or when the state’s evidence is murky and circumstantial, at best. In these cases, asking the defendant to testify on his or her own behalf may be the better course of action. For example, in cases of self-defense, the defendant is often the best witness, and may even be viewed as more credible than the victim.

Should You Waive Your Preliminary Hearing?

Criminal defendants almost always have the right to waive their preliminary hearings, but it is almost never the best course of action. Unless the evidence against the accused is significant and overwhelming, or if the case is high-profile and very public, it is always in the defense’s best interest to proceed with a preliminary hearing. In very rare situations, Philadelphia preliminary hearing attorneys may advise accused individuals to waive their rights to these hearings to avoid the release of information that could harm bail status or to avoid specific witness testimony.

However, because a preliminary hearing gives the defense – including the accused and his or her legal time – a preview of what the state has against the defendant, it is a source of valuable information that should never be waived unless the circumstances are overwhelming. Many Philadelphia preliminary hearing attorneys use the information presented during these hearings in plea negotiations, often helping their clients avoid significant time behind bars, long probationary periods, or steep fines.