A preliminary hearing represents a critical early stage in Pennsylvania criminal prosecutions, and when the judge decides to hold charges for court, your case moves forward to the Court of Common Pleas, where the stakes become significantly higher. This decision does not mean you are guilty, but it does mean the prosecution presented enough evidence to proceed with formal charges.
The criminal defense attorneys at Rubin, Glickman, Steinberg & Gifford have defended clients through every stage of Pennsylvania criminal proceedings for over 65 years. We understand what happens after charges are held for court and how to build strong defenses that protect your rights and freedom throughout the process.
Understanding the Preliminary Hearing Process
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. The purpose of this hearing is not to determine guilt or innocence but to establish whether the prosecution has a prima facie case. This means the Commonwealth must present enough evidence to show a crime was likely committed, and you likely committed it.
The burden of proof at a preliminary hearing is much lower than at trial. The prosecution does not need to prove your guilt beyond a reasonable doubt, only that there is sufficient evidence to justify moving forward with the charges. Judges often hold cases for the court even when the evidence seems weak because the standard is so minimal.
Your defense attorney can cross-examine prosecution witnesses to challenge their testimony and identify inconsistencies. However, defense attorneys rarely present witnesses or evidence at preliminary hearings because doing so can reveal defense strategies to the prosecution. The primary goals at this stage are to assess the strength of the prosecution’s case, lock witnesses into specific testimony, and occasionally persuade the judge to dismiss weak charges. When the judge holds charges for court, the case gets transferred to the Court of Common Pleas for further proceedings.
What Happens After Charges Are Held for Court
Once charges are held for court, your case enters the formal adjudication process in the Court of Common Pleas. You will be scheduled for a formal arraignment where you appear before a Common Pleas judge, receive official notification of the charges against you, and enter a plea. Most defendants plead not guilty at this stage to preserve all their options while their attorney negotiates with prosecutors and investigates the case further. In most cases, criminal defendants represented by counsel waive their right to appear at their formal arraignment.
The discovery process begins after the arraignment. Your attorney files motions to obtain evidence that the prosecution plans to use against you, including:
- Police reports and witness statements
- Forensic evidence and laboratory results
- Video recordings and photographs
- Any exculpatory evidence that might support your defense
Your attorney may file pretrial motions challenging various aspects of the prosecution’s case. These motions can seek to suppress evidence obtained through illegal searches or interrogations, dismiss charges based on legal deficiencies, or address other constitutional issues. Successful pretrial motions can significantly weaken the prosecution’s case or even result in charge dismissals before trial.
Pretrial conferences with the judge assigned to your case provide opportunities to discuss case management issues, resolve discovery disputes, and sometimes facilitate settlement discussions. These conferences help narrow the issues that will need resolution at trial and encourage early resolution when appropriate.
Pretrial Proceedings and Your Options
Plea negotiations typically occur throughout the pretrial period. Your attorney communicates with prosecutors about possible plea agreements that might resolve your case without going to trial. These negotiations can involve reducing charges, recommending lighter sentences, or agreeing to alternative programs like drug treatment or probation.
The pretrial period also allows time to explore alternative resolution options. Depending on your charges and circumstances, you may be eligible for diversionary programs like Accelerated Rehabilitative Disposition (ARD) for first-time offenders or drug treatment court for substance abuse-related offenses. These programs often allow you to avoid a conviction if you successfully complete program requirements.
As your case progresses, your attorney continuously evaluates whether proceeding to trial serves your best interests or whether negotiating a favorable plea agreement makes more strategic sense. This decision depends on the strength of the prosecution’s evidence, the credibility of witnesses, potential defenses, and sentencing exposure if convicted at trial versus accepting a plea offer.
If your case proceeds to trial, preparation intensifies significantly. Your attorney develops opening and closing statements, prepares examination questions for all witnesses, and discusses trial strategy with you in detail. You have the constitutional right to testify in your own defense or remain silent, and your attorney helps you understand the strategic implications of both options.
Contact Rubin, Glickman, Steinberg & Gifford About Your Criminal Case
Having charges held for court at your preliminary hearing means you are facing 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.
We provide aggressive defense representation at every stage of criminal proceedings, from preliminary hearings through trial and appeals if necessary. Our attorneys understand Pennsylvania criminal procedure, maintain strong relationships with prosecutors and judges, and fight tirelessly to protect your rights and freedom. Contact our office today for a free consultation about your criminal charges and what happens next in your case.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
December 15, 2025
