Do I have to appear in person for a preliminary hearing?
Yes — you are required to appear in person at your preliminary hearing in Pennsylvania. A preliminary hearing is a critical stage of the criminal process, and your failure to appear will result in the issuance of a bench warrant for your arrest. Understanding what a preliminary hearing is, what happens there, and why your presence is mandatory will help you approach this stage of your DUI case with the preparation it requires.
What a Preliminary Hearing Is
A preliminary hearing in Pennsylvania is a formal court proceeding held before a magisterial district judge (MDJ) at the district court level, typically within 14 days of a preliminary arraignment for defendants who are not incarcerated. The purpose of the preliminary hearing is not to determine guilt or innocence — that determination is reserved for trial. Rather, its purpose is to determine whether the Commonwealth has sufficient evidence to establish a prima facie case — a showing that a crime has been committed and that there is probable cause to believe the defendant committed it.
The Prima Facie Standard
The prima facie standard applied at a preliminary hearing is significantly lower than the beyond-a-reasonable-doubt standard required for conviction at trial. The Commonwealth need only present enough evidence to make out each element of the charged offense at a minimal level — not to prove its case beyond a reasonable doubt. In a DUI case, this typically involves the arresting officer’s testimony about the circumstances of the stop, the defendant’s observed behavior and condition, the results of any field sobriety or chemical testing, and the applicable legal authority for the stop and arrest.
What Can Happen at a Preliminary Hearing
Several outcomes are possible at a preliminary hearing in an Erie County DUI case:
- Held for court: If the MDJ finds that the Commonwealth has established a prima facie case, the charges are held for court and the case proceeds to the Court of Common Pleas for further proceedings.
- Dismissal of charges: If the Commonwealth fails to establish a prima facie case on one or more charges, the MDJ can dismiss those charges. This is relatively rare in standard DUI cases but can occur when evidence is missing or witnesses are unavailable.
- Reduction of charges: In some cases, a preliminary hearing creates leverage for negotiating a reduction of charges before the case is bound over to Common Pleas Court.
- Waiver: Defendants have the right to waive the preliminary hearing, which sends the case directly to Common Pleas Court. Whether to waive or proceed with the hearing is a strategic decision that should be made in consultation with your attorney.
Consequences of Failing to Appear
If you fail to appear at your scheduled preliminary hearing without lawful excuse, the MDJ will issue a bench warrant for your arrest. A bench warrant remains active until you are apprehended or voluntarily surrender. Being arrested on a bench warrant — whether during a routine traffic stop, at work, or elsewhere — significantly complicates your case and may affect your bail status and conditions of release. Courts also view failure to appear as evidence of disrespect for the judicial process, which can affect how a judge perceives you in subsequent proceedings.
Continuances
If there is a legitimate reason why you cannot appear on the scheduled date — illness, a documented emergency, or a scheduling conflict — your attorney can request a continuance in advance of the hearing. Continuances are granted for good cause, but they are not automatic and must be requested promptly. Simply not appearing without prior arrangement is never acceptable.
