Can Criminal Charges Be Dismissed During a Preliminary Hearing?
Being charged with a crime can leave you with many questions, including: “Will my case go to trial?” In PA, a preliminary hearing can be a crucial step in determining whether the criminal charges against you have enough proof to proceed to trial. If the Commonwealth (the prosecutor) cannot establish the necessary basis for the charges, the presiding judge may dismiss all or some of the charges at this stage. A Preliminary Hearing occurs at the local Magistrate Court, not the County Court of Common Pleas.
But a dismissal does not always mean the case is permanently over. Understanding these hearings, including what the prosecution is required to show, and what a dismissal could mean, can help you better understand what to expect.
Understanding Preliminary Hearings
The first thing to note is that this is not a trial. It is a screening stage, whereby the Commonwealth presents evidence to show the existence of a valid case. In general, under the Pennsylvania Rules of Criminal Procedure, the Commonwealth needs to provide enough proof to show that a crime was committed and the named defendant is likely connected to it. This is commonly referred to as to whether the Commonwealth has established a prima facie case against the Defendant to support the criminal charges proceeding to a trial. This means that the Commonwealth is required to present evidence with regard to each element of the charges filed against a defendant and establish sufficient probable cause to believe the named Defendant committed the criminal offense.
The burden at the Preliminary Hearing stage is much lower than the heightened burden of proof of beyond a reasonable doubt required to obtain a criminal conviction at trial.
During the hearing, the prosecutor may rely on witness testimony and documents to support the allegations. The defense attorney can cross-examine the Commonwealth’s witnesses and, in some circumstances, present evidence. After that, the judge determines whether the case has enough support to continue.
When Can Charges Be Dismissed?
A judge may dismiss charges when the Commonwealth lacks enough evidence to establish that a case happened and the defendant likely committed it.
A dismissal may involve all criminal charges or only some of them. The judge may allow certain charges to continue while dismissing others.
If the case moves forward and bound over to the Court of Common Pleas, then it may proceed to a jury or bench trial.
Does a Dismissal Mean the Case Is Over?
Not necessarily. A dismissal at a preliminary hearing does not always permanently end the case. Charges may be refiled if additional evidence becomes available or an issue that affected the original hearing can be corrected. Double Jeopardy prohibitions under the federal and Pennsylvania Constitutions are not implicated when a criminal case is dismissed at the Preliminary Hearing level.
Whether charges are refiled depends on the facts, including the reason for the dismissal, the available evidence, and whether witnesses or other evidence can be obtained.
Why the Hearing Matters
Even when charges are not dismissed at this early stage, the hearing can give the defense a clearer picture of the prosecution’s case. For instance, cross-examination may reveal weaknesses in testimony or provide information that can help shape the defense as the case continues.
For example, the corpus delicti rule may be implicated if a defendant hastily admits to crime to law enforcement without any evidence linking the named defendant to the crime. This rule stands for the proposition that Pennsylvania law prohibits the admission of an inculpatory statement absent proof of the corpus delicti (“body of the crime”). The purpose of this rule is to guard against the hasty and unguarded character which h is often attached to confessions and admissions and the consequent danger or injustice of a conviction where no crime has in fact been committed.
What Happens After the Hearing?
If the judge finds that there is sufficient evidence against the accused, the charges may proceed rather than be dismissed at the hearing. If the prosecution presents a prima facie case against a named Defendant at the Magistrate Court, then the charges are bound over to the Court of Common Pleas. When that happens, the defense can continue preparing, including by reviewing evidence, evaluating witness testimony, pursuing motions, and considering whether negotiations or a trial may be appropriate.
After a case is bound over to the Common Pleas Court, a criminal case is typically set for a Pretrial Conference and Formal Arraignment. Many counties schedule these at the same time. When your case is assigned a Case Number at the Court of Common Pleas level, the Defendant can issue Discovery Requests, which is a request to the Commonwealth to produce all of its evidence that supports the criminal charges, including any exculpatory evidence in its possession. The Formal Arraignment is the formal reading of your charges and whereby you either enter a formal Guilty Plea or Not Guilty Plea.
At your Pretrial Conference, you discuss the status of discovery and you make your initial decision as to how you would like to proceed with your case. The prosecution may make a formal guilty plea offer for you to consider at this initial Conference. After you receive your discovery and conclude your Formal Arraignment, you must make a decision whether you intend to timely file a Pretrial Motions, such as a Motion to Suppress Evidence. The failure to timely file a Pretrial Motion after your Formal Arraignment may result in a Waiver of your ability to do so. After your Formal Arraignment and Pretrial Conference, you will make a decision whether to put your case either on the Guilty Plea Track or the Trial Track.
Contact a Pennsylvania Criminal Defense Attorney
If you’re facing criminal charges in PA, our Lehighton & Carbon County criminal attorney, Adam Weaver, can review your case. We can help you understand what to expect and prepare. Contact us today to discuss your charges, the evidence against you, and the next steps.
