What Happens at a Preliminary Hearing in Allegheny County, and Do I Need an Attorney to Represent me?
If you or a loved one are navigating the Pennsylvania criminal justice system for the first time, the legal terminology can feel overwhelming fast. One of the very first major court appearances after an arrest or criminal complaint is the preliminary hearing.
It’s often called the "mini-trial," but that name can be deceiving. Here is a straightforward breakdown of what actually happens at a preliminary hearing in Pennsylvania, what the prosecution has to prove, and what your options are.
Key Takeaway: A preliminary hearing is not a trial to determine guilt or innocence. It is an evidentiary checkpoint to determine if the state has enough basic evidence to send the case to the Court of Common Pleas for trial.
1. What Is the Main Purpose of a Preliminary Hearing?
Think of the preliminary hearing as a legal filter. Its goal is to prevent citizens from being held on baseless or completely unsupported criminal charges.
The hearing takes place before a Magisterial District Judge (MDJ). If the crime was charged in the City of Pittsburgh, the preliminary hearing will be scheduled in Pittsburgh Municipal Court at 660 First Avenue, Pittsburgh PA, 15219. The magistrate’s job is not to decide whether you are guilty beyond a reasonable doubt. Instead, he or she decides if the prosecution has established a prima facie case.
Pittsburgh Municipal Court and the Allegheny County Jail (in the background).
What is a Prima Facie Case?
In simple terms, prima facie (Latin for "at first glance") means the prosecution must present “some evidence” that:
A crime was actually committed.
It is more likely than not that the defendant was involved.
Because this standard of proof is much lower than at a full trial, the judge must accept the prosecution's evidence as true for the sake of the hearing. This means that the magistrate is not permitted to assess credibility. The magistrate MUST ACCEPT AS TRUE the testimony of the Commonwealth’s witnesses. So, the fact that the witnesses are lying does not matter at the preliminary hearing. However, it will matter later on at trial when your attorney uses the preliminary hearing transcript to impeach, or discredit, the witness based on their former testimony.
2. What Happens During the Hearing?
While every county in PA has slightly different local habits, the basic flow remains the same:
The Prosecution Presents: An Assistant District Attorney (or sometimes the arresting police officer) presents witnesses, police reports, or physical evidence.
Cross-Examination: Your defense attorney gets to cross-examine those state witnesses. This is often the defense’s first opportunity to test the strength of the state's evidence on the record.
The Defense Case: Usually, the defense does not present witnesses or testify at this stage. The strategy is generally to poke holes in the Commonwealth's evidence rather than reveal the entire defense strategy early.
Important Point— In Pennsylvania defendants are permitted to make audio recordings of the preliminary hearing. After the preliminary hearing is over, you should ask your lawyer to send you a copy of the audio recording. That way, if you choose to proceed with a different attorney later on, you don’t have to track down the recording.
3. The 3 Possible Outcomes
At the end of the hearing, the Magisterial District Judge will make one of three decisions:
Held for Court: The judge agrees prima facie standard was met. The charges are bound over to the county Court of Common Pleas for formal arraignment and trial.
Dismissed / Discharged: The prosecution failed to show enough basic evidence. The charges (or specific counts) are dismissed.
Withdrawn or Reduced: Through negotiation before or during the hearing, the prosecutor may agree to drop or reduce certain charges (e.g., lowering a felony to a misdemeanor).
Important Point— Even if your case is dismissed or withdrawn, the Commonwealth might still be able to refile the charges. If you are charged with felonies, if the Commonwealth refiles, another warrant might be issued for your arrest. It is very important that you contact your lawyer to arrange a “walk through” arraignment so that you don’t get arrested and processed through the Allegheny County Jail a second time.
4. Should You Waive Your Preliminary Hearing?
You have the right to waive (give up) your preliminary hearing. If you waive it, your case automatically moves to the Court of Common Pleas.
Why would anyone waive it?
Sometimes, defense attorneys negotiate with prosecutors before the hearing begins. In exchange for waiving the hearing, the prosecution might agree to lower your bail, withdraw major charges, or agree to a specific diversionary program (like ARD). However, waiving a hearing should never be done without strategic guidance from a criminal defense lawyer.
Important Point— If you waive your preliminary hearing, you give up your right to file a Petition for Habeas Corpus in the Court of Common Pleas. However, your attorney may be able to negotiate a waiver of the preliminary hearing in which you preserve your right to file the Habeas Petition after receiving the discovery. You should discuss with your attorney whether your want to preserve your right to file a Habeas Petition before agreeing to waive your preliminary hearing.
Final Thoughts
A preliminary hearing is one of the most critical stages in Pennsylvania criminal defense. It locks down witness testimony early, gives your defense team a preview of the state’s evidence, and opens the door for early charge negotiations.
Disclaimer: This blog post is for informational purposes only and does not constitute formal legal advice. If you are facing criminal charges in Pennsylvania, consult a qualified criminal defense attorney immediately.