What is the purpose of a preliminary arraignment?
What is the purpose of a preliminary arraignment?
The purpose of a Preliminary Arraignment is for the judge to advise the defendant of the initial charges filed against him/her by the Commonwealth, what the defendant’s rights are in the criminal process and to set bail.
Can you be sentenced at a preliminary hearing in PA?
Will I get sentenced at the preliminary hearing? A criminal defendant will not receive a sentence or even a finding of guilt or innocence at the preliminary hearing.
What is the difference between a preliminary hearing and an arraignment?
A preliminary hearing is best described as a “trial before the trial” at which the judge decides, not whether the defendant is “guilty” or “not guilty,” but whether there is enough evidence to force the defendant to stand trial. In contrast, an arraignment is where the defendant may file their pleas.
What happens at an arraignment in PA?
In Pennsylvania, criminal suspects are brought to the District Court within 72 hours of their arrest. This first appearance in court is called a preliminary arraignment. The judge will read the charges against you, inform you of your rights to have a lawyer and then set your bail.
What happens at a preliminary hearing in Pennsylvania?
At the preliminary hearing, the Commonwealth must present a prima facie case, or in other words, they must show enough evidence that a crime has been committed and that the defendant is most likely the one who committed the crime. The MDJ then decides if there is enough evidence to send the case to Common Pleas Court.
Why would they cancel a preliminary hearing?
A defendant might waive the right to a preliminary hearing for several reasons, including the following. Avoid publicity. The defendant intends to plead guilty and wants to avoid publicity (and expense, if the defendant is represented by private counsel). Minimize further damage.
What happens after a preliminary hearing in PA?
Once the preliminary hearing is over, the case is ready to head to trial. The prosecution can move forward with its case against you. The court will likely get your case on the docket within a few days of your preliminary hearing, although the actual trial date may be several weeks or even months down the road.
Is a preliminary hearing good or bad?
From a strategic standpoint, the Preliminary Hearing is a very important event for the defense. It is typically your attorney’s first opportunity to meet with police and prosecutors to discuss your case and get a better understanding of what the prosecution is thinking in terms of resolving a case.
Is arraignment the same as initial appearance?
An arraignment is a pre-trial proceeding, sometimes called an initial appearance. The criminal defendant is brought in front of a judge at a lower court. Usually during an arraignment, the criminal defendant pleads guilty or not guilty. Typically, the plea is not guilty.
What is the legal definition of arraignment?
Definition. The first step in criminal proceeding where the defendant is brought in front of the court to hear the charges and enter a plea.
What happens after preliminary hearing in PA?
Two things can happen after a Judge hands down the ruling from a preliminary hearing in Pennsylvania: The charges get dismissed; or. The case proceeds.
How does a preliminary hearing Work in PA?
What happens next after arraignment?
What Happens next after Arraignment. Sometimes, however, execution of sentence can be postponed after sentence is pronounced and the court gives a date for the defendant to surrender himself for sentencing. This is usually done in cases where long prison time is to be imposed and defendant desires to get his affairs in order.
What happens at a preliminary hearing for DUI in Pennsylvania?
The preliminary hearing is that first opportunity for an attorney to assess your eligibility to negotiate for Pennsylvania DUI plea options, so it is important that you have arranged for legal representation prior to this hearing. It is during the preliminary hearing that the judge – if he finds probable cause – will send your case to the County Court of Common Pleas for you to be arraigned.
What happens after the preliminary hearing?
The preliminary hearing typically takes place soon after charges are officially filed against the defendant. For instance, under the Federal Speedy Trial Act, a preliminary hearing must normally be held within 30 days of the time the defendant is arrested. As it happens, defendants can and often do “waive time”—that is, give up their right to a speedy trial—which allows the preliminary hearing to be delayed to a time convenient for all the major players in the case.
What happens at a preliminary hearing?
Reading of Charges&Plea. Generally,the charges against you will be read and you have the option to enter a plea (e.g.,guilty or not guilty).
https://www.youtube.com/watch?v=iPZ6Hl4m3a8
