A preliminary hearing in Pennsylvania Courts is typically the first major step in a criminal case. As Michael Kotik of SKA Law Group explains, the purpose of a preliminary hearing is not to determine guilt or innocence, but rather to decide whether the charges brought against an individual are properly supported by sufficient evidence. The burden of proof for the Commonwealth at this stage is extremely low.
During a preliminary hearing, the Commonwealth presents its evidence in an attempt to establish that the case should move forward, while the defense — often led by Michael Kotik and SKA law group — works to show that the prosecution has failed to meet even that minimal burden of proof. This stage gives defense counsel the opportunity to challenge the sufficiency of the evidence and argue that certain charges should not be “bound over” for trial.
In some situations, the Commonwealth may withdraw specific charges, or the judge may dismiss them entirely if the evidence is found insufficient. Likewise, there are cases where skilled defense attorneys, like Lawyer Michael Kotik, successfully secure dismissals at the preliminary hearing stage. However, even when charges are dismissed, the Commonwealth retains the right to refile under certain circumstances.
Ultimately, having the right legal team can make all the difference. Michael Kotik of SKA Law Group is available to answer questions, explain the process in detail, and provide strong representation during your preliminary hearing and throughout your entire criminal case.
FAQs: What is a Preliminary Hearing
1. What is the purpose of a preliminary hearing in Pennsylvania?
A preliminary hearing is the first major step in a criminal case. Its purpose is not to determine guilt or innocence, but to decide whether the charges against an individual are supported by sufficient evidence to move forward to trial.
2. What burden of proof does the Commonwealth need to meet at a preliminary hearing?
The Commonwealth’s burden of proof at this stage is extremely low. Prosecutors only need to show that a crime may have been committed and that the accused was likely involved.
3. Can charges be dismissed at a preliminary hearing?
Yes. If the judge finds the evidence insufficient, some or all charges may be dismissed. Skilled criminal defense lawyers like Michael Kotik often use this stage to challenge weak evidence and push for dismissals.
4. Can the Commonwealth refile charges after a dismissal?
In some situations, the Commonwealth may refile charges even after dismissal if new evidence or procedural grounds justify it. However, a strong defense can make refiling less likely.
5. Why is having a criminal defense lawyer important at this stage?
Having an experienced attorney like Michael Kotik of SKA Law Group is critical. A defense lawyer can cross-examine witnesses, challenge the evidence, and argue for dismissal or charge reduction early in the process — setting the tone for the rest of the case.