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During a preliminary hearing, you have the right to be represented by a lawyer, confront and cross-examine witnesses, and present witnesses on your behalf. Your lawyer will also question the evidence against you. If its insufficient, they will make a plea for the case to be dismissed.
The MDJs listen to all of the evidence presented by the prosecution and by the defense. At the preliminary hearing, the Commonwealth must present a prima facie case, or in other words, they must show enough evidence that a crime has been committed and that the defendant is most likely the one who committed the crime.
The preliminary hearing is a court hearing before a court commissioner in the Regional Court Center (RCC). You usually will meet the lawyer assigned to your case for the first time during this proceeding. The prosecutor can present witnesses and evidence at the hearing.
What is the purpose of a Preliminary Hearing? The purpose of a Preliminary Hearing is very limited. It is only held to determine whether or not a crime may have been committed and whether the defendant may have been involved in that crime.
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