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Sunday, September 25, 2011

Preliminary Hearing in Central PA

A preliminary hearing is the opportunity to determine whether or not the prosecution, usually the police officer, can establish a prima facie case. In layman's terms, there must be enough evidence to establish that a particular crime was committed and the person charged committed the crime.

For a DUI- Alcohol case, there must be evidence that you drove, operated, or were in actual physical control of a motor vehicle, on a public highway or trafficway, and there is evidence that you had imbibed alcohol. This is a not a determination of guilt or innocence.

Assuming the officer can establish a prima facie case, the District Judge will bind the charges over the to the Court of Common Pleas, set your bail, and notify you of your arraignment. At your arraignment, you generally may enter a plea. Each county has a different procedure.

It is important to note that the preliminary hearing is an important part of your defense. A good defense attorney uses the preliminary hearing as an opportunity to speak with the police officer to determine what, if any, potential defenses are available. While it is highly likely that there is enough evidence to establish a prima facie case, I cannot overemphasize the necessity of having an attorney represent you at a preliminary hearing.

Contact me directly at 1-888-821-9446 or online at www.CentralPennDUIDefense.com

I represent DUI defendants in Cumberland County, Dauphin County, Franklin County, Lancaster County, and York County as well as throughout Pennsylvania. I can help you.

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