A preliminary hearing in Pennsylvania is a court proceeding held before a magisterial district judge where the prosecution must establish a prima facie case — enough evidence to show that a crime was likely committed and the defendant likely committed it. The burden of proof is lower than at trial: the Commonwealth does not need to prove guilt beyond a reasonable doubt, only that sufficient evidence exists to proceed. If the judge finds the prosecution meets this standard, the charges are “held for court” and the case moves to the Court of Common Pleas. A preliminary hearing is not a determination of guilt or innocence.
The criminal defense attorneys at Rubin, Glickman, Steinberg & Gifford have defended clients through every stage of Pennsylvania criminal proceedings for over 65 years.
What Is a Preliminary Hearing in Pennsylvania?
A preliminary hearing is typically scheduled within 10 days of your preliminary arraignment if you are in custody, or within 30 days if you are out on bail. Its sole purpose is to determine whether the prosecution has a prima facie case — sufficient evidence that a crime was committed and that you committed it. The standard is deliberately low, and judges regularly hold charges for court even when the evidence appears thin. The hearing is not a mini-trial and does not result in a finding of guilt.
What Does “Held for Court” Mean in Pennsylvania?
“Held for court” means the magisterial district judge found the prosecution presented enough evidence to establish a prima facie case at the preliminary hearing. When charges are held for court, the case is transferred to the Court of Common Pleas for formal arraignment, discovery, pretrial motions, and ultimately trial or plea. Being held for court does not mean you are guilty — it means the case advances to the next stage of the criminal process.
Can Charges Be Dropped at a Preliminary Hearing in Pennsylvania?
Yes — charges can be dismissed at a preliminary hearing if the prosecution fails to meet the prima facie standard for one or more counts. Your defense attorney can cross-examine prosecution witnesses to expose inconsistencies and challenge the sufficiency of the evidence. Successfully attacking weak charges at the preliminary hearing stage can result in partial or full dismissal before the case reaches the Court of Common Pleas. Defense attorneys generally do not present their own witnesses or evidence at this stage, as doing so can prematurely reveal defense strategy.
What Happens After Charges Are Held for Court
Once charges are held for court and transferred to the Court of Common Pleas, the following steps occur.
- Formal arraignment — you appear before a Common Pleas judge, receive official notification of charges, and enter a plea (most defendants plead not guilty to preserve all options); defendants represented by counsel typically waive appearance
- Discovery — your attorney files motions to obtain all evidence the prosecution intends to use, including police reports, witness statements, forensic results, and exculpatory evidence
- Pretrial motions — motions may be filed to suppress illegally obtained evidence, dismiss charges on legal grounds, or address constitutional violations
- Pretrial conferences — the assigned judge facilitates case management discussions, discovery disputes, and potential resolution
- Plea negotiations — your attorney negotiates with prosecutors throughout the pretrial period to explore charge reductions, alternative programs like ARD, or sentencing recommendations
- Trial — if no resolution is reached, the case proceeds to a jury or bench trial where the prosecution must prove guilt beyond a reasonable doubt
Do You Need a Lawyer for a Preliminary Hearing in Pennsylvania?
Yes — having an experienced criminal defense attorney at your preliminary hearing significantly improves your position. An attorney can cross-examine prosecution witnesses, identify evidentiary weaknesses, and in some cases persuade the judge to dismiss charges that lack sufficient support. Critically, a skilled attorney will pursue these goals while protecting defense strategy from premature disclosure to the prosecution.
Contact Rubin, Glickman, Steinberg & Gifford About Your Criminal Case
Having charges held for court at your preliminary hearing means you face a serious criminal prosecution requiring skilled legal representation. The criminal defense team at Rubin, Glickman, Steinberg & Gifford is the largest criminal defense firm in Montgomery and Bucks counties. Marc Robert Steinberg has been named a Top 10 Criminal Defense Attorney in Pennsylvania and recognized as one of the Top 100 Lawyers in Philadelphia by Pennsylvania Super Lawyers. Contact our office today for a free consultation about your charges and what to expect next.
