The Preliminary Hearing has the lowest burden of proof that the Commonwealth has to face in a criminal proceeding. Its important to note that this burden is so low because its not a guilt finding phase its merely a factual hearing to determine whether significant evidence exists to establish that a crime may have been committed and that you may have been the one who has committed it. As such, it is rare to have a case dismissed outright at the preliminary hearing. This does not mean its impossible, but because it is not a guilt finding phase the Commonwealth can refile the charges against you even if the charges are dismissed. OFten times the best use of a preliminary hearing is to examine the officer to determine whether suppression defenses may exist.
It sounds like you have representation at the preliminary hearing. This is wise. A good DUI attorney can learn alot about a case at a preliminary hearing and can help you prepare for a trial.
Answered on Dec 11th, 2017 at 9:37 AM