Pretrial Proceedings
Capone Law will fight for your rights at every pretrial proceeding. Read below to learn more, or contact us today for a consultation.
Arrest
An arrest may take place when police believe that they have probable cause that a criminal offense has occurred. An arrest warrant can be issued by a Judge or an arrest can take place based on a police officers’ observations. The rules governing arrest warrants are codified in Pa. R. Crim. Pro. 513.
Preliminary Arraignment
At a preliminary arraignment, a Magistrate must notify the accused of the crime charged, set bail conditions, and schedule a time and date for a Preliminary Hearing. Any person charged with a crime is permitted to have an attorney represent them at their preliminary arraignment. The rules governing Preliminary Arraignments are codified in Pa. R. Crim. Pro. 540.
If you, or someone close to you, is pending Preliminary Arraignment, Contact Law today for a consultation.
Preliminary Hearing
In the Commonwealth of Pennsylvania, everyone who is charged with a crime is entitled to a Preliminary Hearing. During a preliminary hearing, the accused has the right to be represented by counsel, cross-examine witnesses, call witnesses on their own behalf, offer evidence on their own behalf, and generate a transcript of that preliminary hearing.
The burden of proof at a preliminary hearing is extremely low. The Commonwealth must present a prima facie case against the accused. If you are charged with a crime, you should have counsel to represent you at your Preliminary Hearing.
Motions Court
After a case has been filed, the accused may file motions in the Court of Common Pleas as dictated by the rules of Criminal Procedure. This includes, motions to modify conditions for bond, motions to dismiss the case, and other unique motions that are specific to the circumstances of an individual case.
Contact Capone Law today to discuss today.