Can Charges Be Dropped at a Preliminary Hearing?

Are you facing the prospect of criminal charges? Have you been called to stand at a preliminary hearing? Do you wonder, “Can charges be dropped at a preliminary hearing?” It is important to understand that very few cases go to trial thanks to the opportunities presented at a preliminary hearing. Your criminal defense attorney can use pretrial motions and other legal tools to dismiss the charges and save you from a stressful trial experience.

If you want to ensure you have the best possible chance that your charges will be dropped and your preliminary hearing will be successful, you need to reach out to the legal team of the Marinaro Law Firm. When you opt for a criminal defense lawyer from the Marinaro team, you will have a legal expert with the experience, passion, and skills to present your case at the preliminary hearing with confidence and ease – don’t settle for anything less than you deserve.

What is a Preliminary Hearing?

If you are anxious or worried about your preliminary hearing, understanding the process can help you prepare and face it alongside your legal counsel more confidently. When you face criminal charges, a preliminary hearing will occur within the first week of your arraignment. During a preliminary hearing, the prosecution must prove that a crime occurred and provide enough evidence linking you to the crime that it shows the court further proceedings are reasonable to pursue.

It is common to see cases resolved early in the criminal process. Your attorney might be able to discredit evidence, you might get a plea deal, or your legal council may find some other path toward dismissal. Few criminal cases progress to trial, and the preliminary hearing is a valuable tool for the court to avoid wasteful and time-consuming trials that would only drain the system.

What Does a Preliminary Hearing Entail?

Preliminary hearings are often described or viewed as a ‘mini-trial,’ and will follow some of the same steps as a trial. The prosecution will present evidence against you, which may be the first time any evidence is given to you or your attorney. This makes a preliminary hearing worthwhile for fact-finding and allowing your attorney to formulate a defense.

The goal of a preliminary hearing is not to determine guilt; it is to establish enough evidence and proof to show that a trial is necessary. This step in the legal process is vital for protecting your rights because the court must show it has reason to continue against you. Your legal representation can review evidence, find legal errors, and prepare to make motions to dismiss the evidence or charges.

In Pennsylvania, Can Criminal Charges Be Dropped at a Preliminary Hearing?

Yes, your charges can be dropped as early as the preliminary hearing, thanks to the many tools and opportunities presented to your legal counsel by the process. To get your charges dismissed during a preliminary hearing, your criminal lawyer must be prepared to examine the evidence closely.

The burden of proof is on the prosecution, meaning they must provide enough evidence to establish probable cause. Since they are coming forward with charges, they must show that a crime occurred and that there is enough proof such as physical evidence, motivation, etc., to pursue you as the responsible party. So, what avenues may be taken to dismiss the charge against you?

What Grounds May Be Used To Dismiss Charges During A Preliminary Trial?

There are many reasons for criminal charges to be dropped during a preliminary trial. These include:

• Lack of Probable Cause During Arrest
• Illegal Search and Seizure
• Failure To Read Miranda Rights
• Insufficient Evidence

Generally, charges will be dropped at a preliminary hearing because either the evidence provided does not establish probable cause with enough confidence, or due to errors in evidence handling, the arrest process, or other mistakes made by the prosecution. The prosecution may drop charges if they know their case will face difficulties in trial.

The ultimate goal of all criminal processes is to provide defendants with every opportunity for a fair trial. And the courts are responsible for ensuring that every step of the pretrial and criminal trial process is followed according to the law. If you have concerns, choose the proper legal representation to examine your case at the preliminary hearing.

The Marinaro Law Firm Difference

Your anxiety won’t go away if you don’t have a defense with confidence and clarity. If you’re still asking, “Can charges be dropped at a preliminary hearing?” you need to have your questions answered in person by a professional lawyer who can give you deeper guidance.

This is why you need to choose the Marinaro Law Firm. Our firm has represented criminal defendants for over 30 years with ample success. We understand the arguments and strategies that must be employed for every kind of criminal case, and we know how to leverage our unique experiences inside and outside the courtroom. Countless clients like you have benefited from our team’s unique backgrounds, whether during pretrial, trial, or even expungement.

If you want to move forward with your hearing more confidently, call the Marinaro Law team today and get the legal defense you need!

Resources: www.pacodeandbulletin.gov/