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What is a preliminary hearing?

October 11, 2024

A preliminary hearing is the first hearing to be conducted in most misdemeanor and felony criminal cases and are generally heard by magisterial district judges (MDJs).

The MDJ does not determine if the defendant is guilty or not guilty, but only if the Commonwealth has proven a prima facie case. A prima facie case is one in which there is probable cause to believe that the person has committed the crime(s) charged, even if there is not proof beyond a reasonable doubt that would be required for conviction.  

At the conclusion of the preliminary hearing, the MDJ will either dismiss the charges or send the charges to the Franklin County Court of Common Pleas for further proceedings.