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Not only are you an excellent attorney, but a good person who truly cared about me and always did your best to help me. I am so grateful for being given a second chance. —TomDave Shrager successfully lobbied for my felony charge to be completely withdrawn. His services were worth every dime. A highly personable, intelligent, and competent attorney, I would recommend Dave Shrager to my closest friends and family without hesitation. —RonDave knows the system better than any lawyer in Pittsburgh due to his family's local and long-standing practice, and it was evident in the positive manner in which the judges, prosecutors, and law enforcement officers responded to Dave's arguments on my behalf. —JimI cannot say thank you enough to David Shrager for all his help today! If it were not for this guy, I would no longer have a job or drivers license. So thanks again Dave, you're the best! —BillI was in a bad place in my life...I was making bad decisions, which led to my having a really bad night and lots of legal trouble. I'm lucky I had Attorney David Shrager at my side. He helped guide me, with his legal expertise, through a very difficult time in my life. —Tamika
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Preliminary Hearing Lawyers, Pittsburgh PA

If you’re facing charges in PA and have received a summons for a preliminary hearing, it’s important that you understand your rights and are prepared for what comes next.

A preliminary hearing is an early, but important stage in the court process because it is the first opportunity for your defense attorney to challenge the evidence against you, potentially resulting in the dismissal of unsupported charges.

WHAT IS A PRELIMINARY HEARING

These hearings are meant to protect an individual’s right against an unlawful arrest or detention. They require the Commonwealth to justify the charges listed in a criminal complaint.

At the hearing, usually held at a Magisterial District Court, the Commonwealth is required to establish probable cause of the charges against you by presenting prima facie evidence:

“A prima facie case exists when the Commonwealth produces evidence of each of the material elements of the crime charged and establishes probable cause to warrant the belief that the accused committed the offense. (see Commonwealth v. Perez, 666 Pa. 29, 47, 249 A.3d 1092, 1102 (2021)).

In other words, the prosecution must show it’s “more likely than not” that a crime occurred and that the accused likely committed it. Arrest reports, witness statements and testimony (including hearsay) are often offered as evidence.

The judge does not determine guilt or innocence as with a trial, only whether sufficient probable cause exists for each of the charges to be “held over” to the next stage of the court process.

SHOULD I HIRE AN ATTORNEY FOR A PRELIMINARY HEARING?

Because the preliminary hearing is a “critical stage” in the legal process, you have a constitutional right to legal representation. Although not required, hiring a criminal defense attorney for this hearing can positively shape the course of your entire case.

CHARGES DISMISSED – in cases where police add charges that are not supported by the evidence, your attorney can argue to have them dismissed.

BAIL ARGUMENTS – If you’re in jail, your attorney can argue for a reduction or modification of bail.

CROSS-EXAMINATION – Your lawyer can question the prosecution’s witnesses, eliciting statements under oath that can be used against them in future proceedings.

**Importantly, if a witness is not cross-examined at the hearing and later becomes legally unavailable for trial, his or her statements may be admitted at trial. (see Commonwealth v. Mitchell, 2016 PA Super 279, 152 A.3d 355).

WHAT DOES IT MEAN TO WAIVE THE PRELIMINARY HEARING?

“Waiving” the preliminary hearing means that you are allowing the charges to proceed directly to the Court of Common Pleas.

PROS: A waiver can occasionally be used as part of a negotiation strategy, such as securing reduced bail or dropping certain charges. Strategically, it can also be waived so that the prosecution doesn’t get clues as to the theory of the defense.

CONS: Waiving gives up your first real opportunity to challenge the evidence and cross-examine witnesses. You lose the chance to test the strength of the prosecution’s case early.

This decision should only be made after consulting with a criminal defense attorney who can evaluate whether there’s a tactical advantage to waive the hearing in your situation.

FREE Legal Consultation

Call or Text 412-969-2540 right now for a FREE initial legal consultation.
Speak directly with Attorney David J. Shrager 24 hours a day, 7 days a week.

Our experiences attorneys represent individuals at preliminary hearings in the Pittsburgh area throughout western Pennsylvania. We will aggressively cross-examine the Commonwealth’s witnesses and defend your rights.