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What is a Preliminary Hearing in The State of Pennsylvania? A preliminary hearing is the first step taken after someone has been formally charged with a criminal offense in Pennsylvania. This hearing will give both sides an opportunity to present evidence and arguments that support their side of the story.
At your Pre-Trial Conference, you will either tell the Court that you and your attorney are ready for trial, enter a guilty plea, or request a continuance. On Pre-Trial Conference dates, the Court (and our office) are very busy, because hundreds of people are scheduled for Pre-Trial Conferences during the same week.
Next is the pretrial conference. Generally, the defendant and his/her lawyer and the DA will appear before the judge assigned to the case. At this time, the defendant may plead guilty, or plead not guilty and if so, ask for a jury or non-jury trial.
A preliminary hearing usually has one of three outcomes: Go to trial. Most often, the defendant is held to answer (or "bound over") for trial on the original charge. Reduced charges. Sometimes, when the charge is a felony, the judge may reduce the charge to a misdemeanor or a less serious felony. Dismissed!
Rule 600 requires that the Commonwealth bring a defendant to trial within 365 days of when it files the criminal complaint. Not every day counts, though. Any delay that the defendant or his counsel caused is excluded from the calculation.
The Arraignment / Pre-Trial Conference is when defendants are presented with a formal copy of the charges that have been filed against them. The process is conducted by a member of the Court who advises all present of their pre-trial rights and the time periods in which certain motions must be filed.