Preliminary Hearing in a Criminal Case
Vigorous Defense of DUI Charges in Pennsylvania
At Cherry DUI Law, we have a successful record defending people accused of DUI, DUID and felony DUI charges.
While we are skilled at obtaining positive results outside the courtroom, we are also strong trial advocates. These two aspects of our practice go hand in hand — careful case preparation lays the groundwork for success in settlement negotiations and at trial.
Experienced Evidentiary Hearing Attorneys in Delaware & Chester County
Following an arrest for DUI, the first step in the process will be the arraignment. This is the formal presentation of the charge. If you decide to fight the charge, you will plead “not guilty” and a preliminary hearing will be scheduled, usually two or more weeks later.
The purpose of the preliminary hearing is to present evidence to the judge that indicates that there is “probable cause” to believe that the defendant is guilty. The burden of proof in this regard is low. The state does not have to prove every element of the case beyond a reasonable doubt — only that there is sufficient evidence to go to trial.
Our lawyers can use the preliminary hearing in several ways. We can assess the consistency of witnesses and the strengths of the state’s case. We can also file motions in an attempt to get the charge dismissed or suppress evidence.
Aggressive Use of Pre-Trial Motions
You can be assured that we will be fully prepared for the preliminary hearing. Long before it begins, we will have reviewed and reached conclusions regarding all of the critical elements in your case. These include issues that could result in a dismissal of the charge, such as the legality of the police stop, police procedures prior to the arrest, blood alcohol test procedures and others.
The opportunity to cross-examine the arresting police officer and the officer who conducted or supervised blood alcohol test procedures can be invaluable. Through cross-examination, we can uncover inconsistencies or get officers to commit to certain facts that we can then attack in the DUI trial.
Cherry DUI Law, will fight for your rights and freedom every step of the way.
Contact Our Firm
To learn more about preliminary hearings in a criminal case and possible DUI defense strategies, contact Cherry DUI Law