what if i go to my preliminary hearing without an attorney

If you still don't have an attorney by the preliminary hearing date, I would go to the hearing and sign a waiver of the hearing - nearly all of these hearings are unnecessary. If you are not in jail, then I would proceed that way. Of course, this depends on the facts of the case so you really should try and get an attorney.

Full Answer

Do I need a lawyer for a preliminary hearing?

Jul 20, 2013 · If you can't afford to hire an attorney you need to apply for a public defender before you go to your preliminary hearing. If this is your 3rd retail theft in a year you could be looking at serious consequences if found guilty again. You need an experienced criminal defense attorney to assist you at every stage of court.

Why would a preliminary hearing be waived?

Mar 15, 2010 · It is highly unlikely that a judge would allow a case to get to a preliminary hearing without assigning a public defender. Public defenders are attorneys. In fact, they are sometimes more experienced than many and, in rare cases, all of the private criminal defense practitioners in any given jurisdiction.

What is the Prosecutor’s objective at the preliminary hearing?

Dec 09, 2018 · A preliminary hearing does not determine guilt or innocence. Instead, the purpose of a preliminary hearing is to determine whether there is enough evidence for the case to move forward. If so, the case will move downtown to “big court”. If they can not, your attorney can make a motion to dismiss. At that point the case may be over for good.

How long does it take to get a preliminary hearing?

Preliminary Hearing. 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. It must be held within 14 days of the initial appearance if the ...

What happens if you waive your preliminary hearing?

If you waive your preliminary hearing and then decide to proceed to trial, you will be at a serious disadvantage. There have been numerous times, an inconsistent statement made by a witness during preliminary hearing have resulted in a not guilty at trial.

What is preliminary hearing?

Published: January 19, 2019. A Preliminary Hearing is the first hearing scheduled after Preliminary Arraignment and arrest. Simply, put, a Preliminary Hearing is the best and earliest hearing to have the charges against you dropped, downgraded or dismissed. it is imperative that you have a lawyer at Preliminary Hearing.

How long is the maximum sentence for assault?

The maximum penalty for an Aggravated Assault is 10-20 years imprisonment, while the maximum penalty for a simple assault is 1-2 years. Clearly, hiring an attorney at your preliminary hearing is imperative to effectively fight your charges.

Where are preliminary hearings held in Pennsylvania?

The hearings take place at the Juanita Kidd-Stout Criminal Justice Center located at 1301 Filbert Street , Philadelphia, Pa 19107. A preliminary hearing may appear to be like a trial, but it is not. At trial, the Commonwealth has to prove their charges beyond a reasonable doubt, during a preliminary hearing the Commonwealth must only show that there was probable cause that a crime was committed and more than likely the Defendant was the one who committed it. This standard is often referred to as a prima facie case. If the Commonwealth establishes this evidence the Defendant is then “held over” for Court and the litigation continues. A preliminary hearing is not a motion to suppress, where the Defense may argue the police action was unconstitutional or the proper venue to argue that the witness is lying; however, there are several ways to win at a preliminary hearing.

What is the purpose of cross-examination?

cross-examine witnesses and inspect physical evidence offered against the defendant. Offer evidence on the defendant’s own behalf and testify; and. make written notes of the proceedings. The defenses’ ability to challenge evidence at a preliminary hearing is why it is such a crucial step in the criminal justice process.

Thomas Ryan Phillips

Your son should definitely have an attorney (whether it's a public defender or a private practicioner) with him at all stages of the process, including the preliminary hearing. If he's being charged with burglary (rather than "only" housebreaking... sorry, your question is unclear), that's a very serious offense...

Scott Andrew Wineberg

NEVER, under any circumstances, should you trust a lawyer who promises (arranges?) to get charges dropped. And that fee sounds pretty high for a residential burglary. Move on, but do have an attorney with your son at his prelim.

William Carlos Makler

Well, for starters, he probably already has one. It is highly unlikely that a judge would allow a case to get to a preliminary hearing without assigning a public defender. Public defenders are attorneys.

What is the purpose of preliminary hearing?

Instead, the purpose of a preliminary hearing is to determine whether there is enough evidence for the case to move forward. If so, the case will move downtown to “big court”. If they can not, your attorney can make a motion to dismiss. At that point the case may be over for good.

Who files criminal charges?

The arresting officer will file the the criminal charges. The District Attorney’s Office will prosecute those charges by offering evidence against you. Evidence can take the form of testimony from witnesses, scientific testing, and statements made to the police.

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.

A Third Option

Losing your preliminary hearing means that the prosecution presented enough evidence to convince a judge that you committed a felony. [ii]

What Can I Do if the Magistrate Got It Wrong?

If you believe that the magistrate’s finding – his or her finding that you were probably the one who committed the alleged crime – is based on inadequate evidence or was reached by disregarding a procedural safeguard, you can challenge the magistrate’s decision. [xv]

Contact a Professional

A felony criminal charge is like a game of chess – it is a game of strategy. To succeed, a person must possess an intimate understanding of the rules of the game; he must have the ability to accurately anticipate the opponent’s moves; and he must be able to maintain clarity of mind amidst the chaos of conflict.