Understanding the difference between a preliminary hearing and an arraignment is crucial, but having a seasoned criminal defense attorney by your side is even more vital. With Latoison Law, you gain over 20 years of experience in criminal defense across Delaware County. Facing legal hurdles? Let Latoison Law defend your rights and guide you through the complexities of the legal system.

Preliminary Arraignment and Hearing Explained

In Pennsylvania’s criminal justice system, two crucial early stages are the preliminary arraignment and the preliminary hearing. Understanding the difference between these two can offer valuable insight into how criminal proceedings unfold in the Keystone State.

Preliminary Arraignment

Timing and Purpose:

  • Occurs within 72 hours of an arrest.
  • This is the suspect’s first appearance in court, conducted at the District Court level.

Process:

  • The suspect is formally notified of the charges against them.
  • The judge informs the suspect of their legal rights, including the right to an attorney.

Bail and Plea:

  • Bail is typically set during this stage. If the defendant cannot post bail, they may remain in custody.
  • The defendant is asked to enter a plea: guilty, not guilty, or no contest (nolo contendere).

Preliminary Hearing

Timing:

  • Scheduled to take place between 3 and 10 days following the preliminary arraignment.

Objective:

  • The primary aim is for the prosecution to demonstrate that there is sufficient evidence to warrant a trial, establishing “probable cause.”

Procedure:

  • Prosecutors present their evidence and may call witnesses.
  • The defense has the right to cross-examine these witnesses and can also present its own evidence and arguments.

Outcome:

  • If the judge decides there is enough evidence, the case is “held for court,” moving to the trial phase.
  • If the evidence is deemed insufficient, charges may be dismissed or reduced.

Differences Between Arraignments and Preliminary Hearings

  • Stage of Process: The preliminary arraignment is the first court appearance post-arrest, focusing on notifying the suspect of charges and rights, and setting bail. The preliminary hearing, on the other hand, is a subsequent step where the focus is on evaluating the strength of the prosecution’s evidence.
  • Outcome: The arraignment concludes with the setting of bail and the entering of a plea, whereas the preliminary hearing concludes with a decision on whether the case should proceed to trial.

Understanding these differences is crucial for anyone navigating or interested in the legal system in Pennsylvania, as they mark the initial steps in determining how a criminal case will proceed through the courts.

Need more help? Give us a call! As your Delaware County criminal defense attorney, Latoison Law is committed to providing you with the expert defense and guidance you need. For comprehensive legal support in Pennsylvania, reach out to Latoison Law today.