"I've been charged with a crime. Now what?"
Often, people are charged with a crime but, beyond that fact, it is difficult to anticiptate and understand what to expect.
Once there has been police contact, a person is either taken into immediate custody or released pending the filing of the criminal charge(s). For those taken into immediate custody, bail will be set. If the individual can post bail, they will be released. If bail is not posted, the person accused of the crime will be detained pending a Preliminary Hearing. Alternatively, a person who is not immediately detained and released will await receipt of criminal charges by mail. However, regardless of how the charges are initiated, the next step in the process is a Preliminary Hearing.
Under Pennsylvania Criminal Law and Procedure, a Preliminary Hearing is what it says it is -- preliminary. It is the first opportunity to have contact with the judicial process. Consequently, it is the first and best opporunity to build a defense in your case and lay a foundation to achieve your overall objectives.
At a Preliminary Hearing in PA, your attorney will have the opportunity to engage the prosecution in discussions concerning your case. This allows your attorney to use their experience, knowledge, and education in obtaining a preliminary assessment of your case --gage the facts and variables, your options, and the risks/rewards associated with your options.
Once this assessment is made, you will have the opportunity to have a hearing. The evidence will be heard by a magisterial district judge. The judge hearing your case will evaluate the evidence under a prima facie burden of proof. This is not a guilt or innocence determination. Consequently, the prosecution does not have to prove its case beyond a reasonable doubt. Instead, in order to make its prima facie burden of proof, the prosecution must establish that it is more likely than not that a crime was committed and you were the person that committed it.
You may think this does not sound like a very high or significant burden of proof and you would be correct. You may then ask: Why do I need an attorney?
As an attorney, I can use my wisdom and experience to determine what your best options are at the time. Also, just because your guilt or innocence is not determined and there is a lower burden of proof on the prosecution does not mean there is not value in having legal representation at a Preliminary Hearing.
If you are looking to minimize the consequences you are facing, we will be able to determine the best way to achieve your objective. If you are looking to fight your charges, this is Round 1. Additionally, just because the judge may find there is sufficient evidence at that level does not mean there is no value in having a hearing. During a hearing, we will be able to cross-examine the prosecution's witnesses who testify at that hearing. Therefore, we will gain additional information and lock those witnesses into their accounts of the events. As a result of this testimony, we will be able to evaluate what defenses may be available to you, as well as the strengths and weaknesses of the same.
The Preliminary Hearing provides the foundation of your case. It's like building a house. The stronger the foundation of the house, the more structurally sound the entire house will be. Similarly, the stronger the foundation we can build for your case at the Preliminary Hearing, the better opportunity we will have to maximize your objectives.
For more information on this topic or otherwise, contact Pennsylvania Criminal Defense Attorney Shawn M. Curry by phone at 1-800-615-0115 or click here.