Preliminary Hearing Criminal Defense Attorneys in Media, Pennsylvania

Facing criminal charges can be an overwhelming experience, especially when it comes to preliminary hearings. Having a skilled preliminary hearing lawyer by your side can make all the difference in building a strong defense. These initial court proceedings set the stage for the rest of your case, making them a critical part of your defense. At Thompson & Donati Law, we provide experienced and thorough representation for individuals navigating the complexities of Pennsylvania’s criminal justice system.

What Is a Preliminary Hearing?

Have you been charged with a crime in Pennsylvania? If so, your preliminary hearing is one of the most critical stages of your case. This hearing is not a trial but an essential step where the prosecution must present enough evidence to convince the court that the charges should move forward. With an experienced defense attorney by your side, you can ensure your rights are protected throughout this process. The burden of proof at this stage is lower than at trial—the prosecution only needs to provide “prima facie” evidence, meaning there is sufficient reason to believe a crime occurred and that you were involved. However, this doesn’t diminish the importance of the hearing.

Do You Have the Right to a Preliminary Hearing?

In Pennsylvania, most individuals facing felony or misdemeanor charges have the right to a preliminary hearing. This legal safeguard ensures that your case cannot proceed to trial unless there is adequate evidence against you. The hearing serves as an essential checkpoint to ensure the prosecution’s case is strong enough to continue.

What Happens During a Preliminary Hearing?

During a preliminary hearing, the judge listens to evidence and testimony presented by the prosecution to determine if the case should proceed. Witnesses may testify, and evidence such as police reports, physical evidence, and surveillance footage can be introduced. Importantly, this stage provides your defense attorney an opportunity to:

• Challenge weak or insufficient evidence: By highlighting inconsistencies or procedural errors, we can argue that the evidence presented doesn’t meet the legal standard.
• Question witnesses: Cross-examining witnesses under oath allows us to uncover contradictions or weaknesses in their accounts.
• Present affirmative defenses: In some cases, we may present affirmative defenses, such as self-defense, alibi, or entrapment. For example, if you were charged with assault but acted to protect yourself or someone else, this could serve as a powerful defense.
• Negotiate a resolution: Preliminary hearings often open the door to plea bargains or reduced charges, potentially resolving your case without a trial.

What Are Affirmative Defenses?

Affirmative defenses are legal strategies that do not deny the alleged act occurred but provide justification or excuse for it. Examples include:

• Self-defense: Claiming that your actions were necessary to protect yourself or another person.
• Entrapment: Arguing that law enforcement induced you to commit a crime you would not have otherwise committed.
• Mistake of fact: Demonstrating that you misunderstood a situation in a way that negates criminal intent.
• Duress: Showing that you were forced to commit the alleged act under threat of harm.

When used effectively, these defenses can lead to dismissed charges or a more favorable resolution.

What Happens After a Preliminary Hearing?

If the judge determines that the prosecution has presented sufficient evidence, your case will proceed to the next stage, which could include pretrial motions, plea negotiations, or trial. If the evidence is deemed insufficient, the charges may be dismissed, or certain charges could be downgraded. Even if your case moves forward, the preliminary hearing often provides valuable insights into the prosecution’s strategy and the strength of their evidence.

How Can a Criminal Defense Attorney Help?

At Thompson & Donati Law, our criminal defense attorneys understand that every detail of your preliminary hearing matters. As skilled preliminary hearing lawyers, we meticulously review the evidence, prepare cross-examinations, and develop strategies tailored to your case. Our goal is to protect your rights, challenge the prosecution’s case, and lay the groundwork for a strong defense. Whether it’s securing a dismissal, reducing charges, or preparing for trial, we’ll be by your side every step of the way. By leveraging our extensive experience, we work to give our clients the best possible chance of a favorable outcome right from the start.