how do i get preliminary hearing continued in pa without an attorney

You should request a public defender and ask that the hearing be continued. The judge may give you some grief for not doing this sooner, but don't let that discourage you. In PA, a third retail theft, regardless of the amount involved, is a third-degree felony.

Full Answer

Do you have to go to a preliminary hearing?

234 Pa. Code Rule 542. Preliminary Hearing; Continuances. 234 Pa. Code Rule 542. Preliminary Hearing; Continuances. Rule 542. Preliminary Hearing; Continuances. (A) The attorney for the Commonwealth may appear at a preliminary hearing and: (1) assume charge of the prosecution; and. (2) recommend to the issuing authority that the defendant be discharged or bound over to …

Who prosecutes the preliminary hearing before the MDJ?

A defendant does not need to have a preliminary hearing. The case can go directly to Common Pleas Court, if the defendant waives the preliminary hearing. Although the police officer may be the one who prosecutes the preliminary hearing before the MDJ, in most Pennsylvania counties, the DA will usually appear and present the case on behalf of the Commonwealth, especially …

How do I get a subpoena for a preliminary hearing?

Dec 22, 2010 · 3 attorney answers. Posted on Dec 23, 2010. The main reasons that a preliminary hearing is continued is because either the prosecutor or defense was not ready to proceed. if you are the defendant and you were not present, then the case could not go forward because you were not present. The length of the date is due to availabilty of the Court's calendar as well as your …

Can a defendant request a continuance to avoid a hearing?

Jul 23, 2020 · If you have been arrested or have a preliminary hearing scheduled in Philadelphia, PA, Bucks County, Chester County, Delaware County or Montgomery County, you should call 267-225-3317 now for a free consultation. If you’d like to discuss how Troy Crichton, Esq. can use his knowledge and skill to help beat your case CONTACT him today for a free consultation.

How do I get a continuance in court in PA?

543. Rule 543 - Continuances Of Preliminary Hearings (a) Every request for continuance of a preliminary hearing shall be submitted in writing on a form obtained from the Magisterial District Judge or Criminal Court Administrator and shall be signed by the defendant and his/her counsel if any.

What happens after a preliminary hearing in Pennsylvania?

Once the preliminary hearing is over, the case is ready to head to trial. The prosecution can move forward with its case against you. The court will likely get your case on the docket within a few days of your preliminary hearing, although the actual trial date may be several weeks or even months down the road.

Can you be sentenced at a preliminary hearing in PA?

A criminal defendant will not receive a sentence or even a finding of guilt or innocence at the preliminary hearing.Jan 9, 2022

What is a preliminary hearing waive?

A defendant may decide, after consulting with counsel, to waive the preliminary hearing. The preliminary hearing provides a preview of the prosecution's case, including evidence and potentially witness testimony. ... Waiving this hearing allows the case to proceed to trial more quickly (though not immediately).

Where do preliminary hearings happen in Pennsylvania?

That standard is one of more likely than not that the defendant committed the crime. The goal is to determine if there is a prima facie case, which simply put means enough evidence exists, to move forward. The preliminary hearing occurs in front of a court magistrate in the district of PA where you were arrested.

What happens at a preliminary hearing for a felony in PA?

At the preliminary hearing, the Commonwealth must present a prima facie case, or in other words, they must show enough evidence that a crime has been committed and that the defendant is most likely the one who committed the crime. ... The MDJ then decides if there is enough evidence to send the case to Common Pleas Court.

What do you wear to a preliminary hearing?

For Summary Trials, Preliminary Hearings, & Pretrial Conferences: Wear Khakis (tan), black or blue dress pants. Wear a button-down shirt (conservative Colors are best) Wear a tie (not required, but favorable)

At which pretrial stage is a defendant asked to enter a formal plea of guilty or not guilty?

During an Arraignment, the accused, now called the defendant, is read the charges against him or her and advised of his or her rights. The defendant also enters a plea of guilty or not guilty.Apr 26, 2021

Can charges be dropped at an arraignment hearing?

Although it is rare, it is possible for charges to be dropped at an arraignment. This may happen through a probable cause hearing, which typically occur during an arraignment. A probable cause hearing is made after a criminal defense lawyer Los Angeles, CA requests a judge to hold this type of hearing.Sep 2, 2021

Does defendant have to be present at trial?

The starting position is that a defendant has a right to be present and to be represented at their trial but may choose not to exercise those rights, including by voluntarily absenting themselves (see: R v Jones).

What is the primary purpose of the preliminary hearing?

Preliminary hearings serve to protect the defendant from unfounded criminal charges—making sure the prosecutor has sufficient evidence to allow a criminal trial to go forward.

Can a judge refuse to look at evidence?

Yes. If evidence is offered but is not admissable, the judge should refuse to consider it. If evidence is not properly offered, the judge should refuse to consider it. If it is admitted into evidence, neither the judge nor the jury may properly refuse to look at it.

Carina Laguzzi

The main reasons that a preliminary hearing is continued is because either the prosecutor or defense was not ready to proceed. if you are the defendant and you were not present, then the case could not go forward because you were not present. The length of the date is due to availabilty of the Court's calendar as well as your attorney's.#N#More

Adam D. Zucker

I have had preliminary hearings continued because they were taking much longer than the Court expected and they did not alot enough time for the hearing.

Forest Dean Morgan

One of the reasons may be that you weren't there.#N#If you were a defendant, it is possible that your attorney asked for a continuance in order to avoid a hearing in your absence. You should call him or her.#N#If you are a witness for the Commonwealth, it may be possible that the Commonwealth requested a continuance.

What is a Preliminary Hearing?

A preliminary hearing is one of the first steps in the criminal justice process and must be scheduled within 14 days after arrest of the defendant. A preliminary hearing is in place to safeguard the due process that every American citizen is entitled to.

How Do I Use the Preliminary Hearing to My Benefit?

There are multiple ways to use the preliminary hearing to your benefit. For example, you can:

Should I Ever Waive My Right to a Preliminary Hearing?

Generally speaking, it doesn’t make sense to waive the preliminary hearing. There is much for you to gain, but little to lose during the process. The best-case scenario is that the charges against you are dropped or reduced. You also have the opportunity to reduce your bail. Therefore, it makes sense to be aggressive at the preliminary hearing.

What is the Law for Preliminary Hearings?

In Commonwealth v. McClelland, 179 A.3d 2 (Pa. 2018), the Pennsylvania Supreme Court accepted review of the following issue:

What Does This Mean for Witnesses at The Preliminary Hearing?

This means that in most cases, witnesses will have to appear at preliminary hearings and give testimony against the accused. This holding re-affirms the fact that a preliminary hearing is an integral part of the criminal justice process and not just a mere formality.

What is the phone number for a preliminary hearing?

As a result, it’s best to work with an experienced and skilled attorney. Call Worgul, Sarna & Ness, Criminal Defense Attorneys at (412) 281-2146 or contact us online for a free consultation about how we can help.

Why is a preliminary hearing important?

Your attorney may move to suppress evidence or dismiss the charges against you. This is one of the reasons that the preliminary hearing is so important; your attorney gets the chance to hear the other side’s evidence, look for legal errors, and prepare to move to have evidence dismissed.

What questions should I ask my attorney?

Questions for Your Attorney 1 I’ve waived time and need more time to prepare my case. What do I have to tell the judge to get the trial date pushed back? 2 If the prosecutor asks for a continuance and gets it, can I challenge the delay by filing a writ in the appellate court? 3 I’d like to hire new counsel because I think the one I have is not doing a good job. What do I have to tell the judge to get time for finding a new lawyer?

What is the first appearance of a defendant?

In spite of this general approach, both the defense and the prosecution in a criminal case (and the court, on its own motion) may ask for and obtain a continuance, beginning with the defendant’s first appearance, which is typically the arraignment (where the defendant is appraised of the charges and asked how he wishes to plead).

What are speedy trials?

Speedy Trial Rights and Requirements. For the reasons above, speedy trials are required by statute in most states, which set “speedy trial” windows. Defendants can give up these speedy trial protections by “waiving time,” but even when they do, continuances are explicitly disfavored. In spite of this general approach, ...

What is the purpose of arraignment?

At the arraignment, to secure counsel. An arrestee’s first court appearance is often the arraignment, when the judge reads the charges and asks for a plea. Defendants who have not secured counsel may ask for a postponement to give them time to hire a lawyer. These requests are usually granted, but not indefinitely.

What is a writ in court?

The parties file what’s known as a “writ,” asking the higher court to review the evidence and the reasons given by the trial court for its denial. Most of the time, the lower court’s ruling is undisturbed, unless the higher court finds that it is unsupported by the evidence or due to flagrant abuse of discretion.

Can a prosecutor waive time?

If the defendant refuses to waive time in response to the prosecutor’s request for a continuance, the case can be dismissed. And even when the defendant has waived time, the prosecutor must obtain the court’s approval for a continuance.

How long does it take to get a preliminary hearing?

It must be held within 14 days of the initial appearance if the defendant is being held in jail. If the defendant is out on bail, it must be scheduled within 21 days of the initial appearance. The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses.

What happens if a defendant pleads not guilty?

Once the defendant has entered a plea of not guilty, a preliminary hearing will often be held. The prosecutor must show that enough evidence exists to charge the defendant. Preliminary hearings are not always required, and the defendant can choose to waive it.