Attorneys

Preliminary Hearing: This is abolutely the most crucial hearing in your case. The preliminary hearing is not a trial. The principal function of a preliminary hearing is to protect an individual's right against an unlawful arrest and detention. At this hearing the Commonwealth bears the burden of establishing at least a prima facia case that a crime was commited and you are probably the one who committed it. It is not necessary for the Commonwealth to establish at this stage that your are guilty beyond a reasonable doubt. To meet its burden at this preliminary hearing, the Commonwealth is required to present evidence regarding each of the material elements of the charge and to establish enough probable cause to show that you commited the offense. Arraignment: This is the date set after your preliminary hearing, about 30 to 60 days after your hearing. If you have an attorney and are not on bond, you do not have to appear. It is primarily to advise you of your of rights. If you have an attorney, he will advise you. Pre­trial Conference: Your attorney will discuss your case with the District Attorney and negotiate the best possible plea bargain. It will happen about 6 weeks after arraignment. This is usually after the Motor Vehicle Hearing. The date is set by the Court and your attorney on his calendar. Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occcurs anywhere 6 weeks to 3 months after the pre­trial conference. Trial: Almost always a trial to a jury of twelve. Trial must be held within twelve months after your plea. Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in­home detention, public service, alcohol classes and fines.