What is the difference between preliminary hearing and arraignment

In most cases, the preliminary hearing follows the preliminary arraignment by a week or two. At your preliminary hearing, the Commonwealth is required to put on its case against you. The Judge will only require the Commonwealth to prove that it has a prima facie case against you. They must demonstrate that they have probable cause. At a preliminary hearing, the Commonwealth does not have to prove the burden beyond a reasonable doubt: their only goal is to prove to the Magisterial District Judge that the charges are not completely lacking in merit.

So, what is the point of a preliminary hearing? In a preliminary hearing, your attorney will have the opportunity to meet with the prosecution to discuss your case. Your attorney will know how to explore whether the Commonwealth will be willing to accept a plea deal that is good for you. The negotiations that happen here are very important and often dictate the outcome of the case. If you mess up the negotiations here, the case can get much harder, and your best deals often come off the table after this hearing.

This is the first chance for your attorney to cross examine the police officer and potentially other witnesses against you. The preliminary hearing is extremely important. There is significant disagreement in Wisconsin about the value of the preliminary hearing. In a new law was enacted that allowed hearsay to be used at the preliminary hearing. Section The law was challenged, but in upheld by the Supreme Court of Wisconsin in State v. The Court found that the scope of preliminary examinations is limited to determining whether there is probable cause to believe that a defendant has committed a felony, and there is no constitutional right to confrontation.

Defense attorneys are not allowed to try to shake the credibility of witnesses at the preliminary hearing. The prosecutor must show that enough evidence exists to charge the defendant. Preliminary hearings are not always required, and the defendant can choose to waive it. It must be held within 14 days of the initial appearance if the defendant is being held in jail. If the defendant is out on bail, it must be scheduled within 21 days of the initial appearance. The preliminary hearing is like a mini-trial.