[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/brianzeiger.com\/blog\/preliminary-hearing-standard\/#BlogPosting","mainEntityOfPage":"https:\/\/brianzeiger.com\/blog\/preliminary-hearing-standard\/","headline":"Preliminary Hearing Standard","name":"Preliminary Hearing Standard","description":"What is the standard at a\u00a0preliminary hearing in Pennsylvania. My case is not in Philadelphia County, but one of the surrounding counties. I have a copy of the affidavit of probable cause, and the story is ridiculous. What is the preliminary hearing standard to make it...","datePublished":"2015-01-11","dateModified":"2024-02-27","author":{"@type":"Person","@id":"https:\/\/brianzeiger.com\/blog\/author\/brianzeiger\/#Person","name":"Brian Zeiger, LLC","url":"https:\/\/brianzeiger.com\/blog\/author\/brianzeiger\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/cb403eca94a17a864a2072734e4c5daa47399fd028c5fabaa5499fc0d7c474cf?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/cb403eca94a17a864a2072734e4c5daa47399fd028c5fabaa5499fc0d7c474cf?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"The Zeiger Firm","logo":{"@type":"ImageObject","@id":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2021\/09\/logo.png","url":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2021\/09\/logo.png","width":257,"height":59}},"image":{"@type":"ImageObject","@id":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2015\/01\/Preliminary-Hearing.jpg","url":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2015\/01\/Preliminary-Hearing.jpg","height":720,"width":1280},"url":"https:\/\/brianzeiger.com\/blog\/preliminary-hearing-standard\/","about":["Preliminary Hearing"],"wordCount":271,"articleBody":"What is the standard at a\u00a0preliminary hearing in Pennsylvania. My case is not in Philadelphia County, but one of the surrounding counties. I have a copy of the affidavit of probable cause, and the story is ridiculous. What is the preliminary hearing standard to make it to a trial court? In other words, what does a government need to prove in their case to take me to trial.The actual legal term for the preliminary hearing standard is called a\u00a0prima facie\u00a0case. Translated literally, \u201cbased on the first impression; accepted as correct until proved otherwise.\u201d In practice in Pennsylvania in a Magisterial District Court, the judge is instructed to listen to all of the evidence presented at the preliminary hearing and assume everything the witnesses say is true. Then take the truthful testimony from the witness and apply it to the law. Then ask themselves, \u201cif all of this is true, what charges under the PA Code would be appropriate for trial that have been charged?\u201d If any charges are made out by the testimony, then a\u00a0prima facie\u00a0case has been established.After that, the judge then rules those charges go to criminal court.In your case, no matter how ridiculous the story, the judge is forced by the law, to accept all of the statements of the witness as true and apply them to the law. The judge may not consider if the witness is lying. The judge may not consider whether the witness\u2019s story is ridiculous. The judge must simply apply the law.In the counties, the judge basically sends everything to the trial court."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/brianzeiger.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Preliminary Hearing Standard","item":"https:\/\/brianzeiger.com\/blog\/preliminary-hearing-standard\/#breadcrumbitem"}]}]