The question which the Magisterial District Judge must answer is this: have representatives of the Commonwealth (either a police officer or representatives of the District Attorney’s office) provided enough evidence to make a prima facie case against you as the defendant?

To answer that question, the Magisterial District Judge hears testimony and reviews the evidence presented by the Commonwealth. At this preliminary hearing level, representatives of the Commonwealth do not have to prove the case beyond a reasonable doubt. They need only to present enough evidence to show that a crime was committed and that you probably committed that crime. The prima facie case is one which is true, valid or sufficient at the first impression. This is a very low hurdle for the Commonwealth to clear.

During the preliminary hearing, representatives of the Commonwealth have no obligation to present all evidence in their possession or to call all witnesses they would call at trial. They usually present the least amount of evidence and testimony possible to have you held over for trial.

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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