You must appear at the time and day set by the Magisterial District Judge for the preliminary hearing. In this session, the District Justice serves as the first level of our justice system for he/she is the neutral person who must decide whether or not to hold you over for trial.

You can waive your preliminary hearing, but this will require you to come in to the local district court. You can usually schedule a waiver earlier than your formal preliminary hearing date. Waiving your preliminary hearing can save you on court costs, but waiver may also prevent you from learning about the Commonwealth's case against you until a later date.

Sometimes, you may be able to negotiate a lesser charge or have some charges dropped at the preliminary hearing, but policies vary widely from police department to police department. A representative from the District Attorney's office generally does not come except in fairly serious felony cases. Even in most felony drug cases in York County, a D.A. will not be present. If no D.A. is present, police are usually not willing to try to negotiate a deal.

You may be able to plead guilty to some misdemeanor charges at the District Court if you want to. You should discuss this with your attorney before deciding whether it is a good idea.

If you want to have your bail reduced, you may be able to ask for a reduction at the preliminary hearing. Policies on this vary from District Court to District Court within York County.

If you have a preliminary hearing coming up, call attorney Joseph N. Gothie, Esq., at (717) 848-8455 to set up a free, no-risk consultation to discuss your case.

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