If you’ve been arrested for Driving Under the Influence (DUI) in Pennsylvania, one of the most critical steps in the legal process is the preliminary hearing. This hearing is your first opportunity to challenge the evidence against you and potentially reduce or dismiss the charges.
What is a preliminary hearing?
A preliminary hearing is like a mini-trial where the prosecution must show the judge that there’s enough evidence to suggest you probably committed the DUI offense.
This hearing takes place in a Magisterial District Court, usually within a month or two after your arrest. Think of it as a checkpoint: the prosecution needs to clear this hurdle to move your case forward to the Court of Common Pleas for further proceedings. At the hearing, the prosecution will present evidence, such as police testimony or blood alcohol content (BAC) results.
How can a lawyer help in a preliminary hearing?
Having a skilled attorney by your side can make a significant difference in a preliminary hearing. Here’s how they can help:
- Challenging evidence: Your attorney can scrutinize the evidence against you. For example, they might question the accuracy of the BAC test.
- Negotiating with the prosecution: Sometimes, your attorney can negotiate with the prosecutor to reduce the charges against you. For instance, they might try to get the DUI charge reduced to a lesser offense, like reckless driving.
- Building your defense: The preliminary hearing provides an opportunity for your attorney to gather information about the prosecution’s case and start building your defense strategy.
In some situations, your attorney might advise you to waive (give up) your right to a preliminary hearing. This might happen if it benefits your case in the long run, such as when negotiations with the prosecutor are underway.
Possible outcomes
Several outcomes can result from a preliminary hearing. If the judge finds there is probable cause, your case will be bound over for arraignment in the Court of Common Pleas. However, if your attorney successfully challenges the evidence, the judge might dismiss the case or reduce the charges.
The preliminary hearing is a crucial step in the legal process, and it’s essential to understand your rights and options. If you’ve been arrested for a DUI in Pennsylvania, seeking legal advice from an experienced attorney is highly recommended.