If a prima facie case is not presented, the defendant should be discharged. If a prima facie case is presented, the case will be held for court. Although the police officer may prosecute the preliminary hearing before the district justice, in Allegheny County an assistant district attorney will usually appear and present the case on behalf of the Commonwealth. In fact, the prosecution or judge can add additional charges to the case at this hearing. Rarely does a judge overturn the prosecution and dismiss the case. The judge reviews whether there is probable cause to believe a crime was committed and whether there is probable cause to believe the person in front of the court is the one who committed the crime. The judge then determines whether sufficient evidence exists to send the case to the upper court for trial. At the Preliminary Hearing the Commonwealth must present a prima facie case, or in other words, they must show evidence that a crime has been committed and that the defendant is probably the perpetrator of that crime. Step #9: PRELIMINARY HEARING The preliminary hearing is also normally convened before a district justice. Topics discussed normally include plea bargain opportunities, strengths and weaknesses of the prosecutions case, and intangible factors of the case, such as the defendant’s character and past history. Step #8: PRE-PRELIMINARY HEARING This involves a meeting between the prosecution and the defense. The district attorney will not be represented at a preliminary arraignment. At this proceeding the defendant is provided with a copy of the complaint and advised of his rights also at this time a preliminary hearing is scheduled, not less than three days but not more than ten days hence. The defendant must appear before the district justice for a preliminary arraignment. An arraignment takes place only after the prosecuting attorney decides to file charges. All arraignments are conducted after the suspect is arrested and booked by law enforcement. It is the first step in the criminal process after arrest. Step #7: PRELIMINARY ARRAIGNMENT An arraignment is the process by which the defendant is read specific charges against him. Less serious cases proceed with the issuance of a summons which provides notice of the defendant’s scheduled preliminary hearing. The district justice will issue either a summons or a warrant of arrest, depending generally on the seriousness of the offense alleged. Step #6: SUMMONS OR ARREST WARRANT ISSUED Once the complaint is filed, the presence of the defendant is secured voluntarily, by summons, or compelled, by arrest. Once approved, the process is the same as if the complaint had been filed by a police officer. However, an Assistant District Attorney must first approve the private complaint before it can proceed. Step #5: PRIVATE COMPLAINT FILED In the event the police decline to file a complaint, a private person is permitted to file a private complaint.
The complaint identifies the defendant, lists the crimes charged and contains a brief factual summary upon which the charges are based. Step #4: POLICE FILE COMPLAINT Following a police investigation of an alleged crime, the police may initiate the criminal process by filing a complaint with the district justice or by making a warrantless arrest followed by the filing of a complaint.
Step #3: POLICE INVESTIGATE The police investigation may include interviewing the victim(s), witnesses and/or suspects collecting physical evidence visiting, viewing, photographing and/or measuring the crime scene identifying suspects through photo arrays or line-ups, etc. The following process describes how a prosecution would proceed through the court system in Commonwealth of Pennsylvania. The first steps of any criminal prosecution take place before the minor judiciary. In Allegheny County, as in all counties in Pennsylvania, there is also a minor judiciary, called district justices or magistrates. The district attorney is the chief law enforcement officer for the county while jurisdiction over crimes committed in a county falls to the court of common pleas. The Commonwealth of Pennsylvania is comprised of 67 counties, each county has a district attorney and a court of common pleas. Threats, Harassment, & Reckless Endangerment.Construction, Contractors, & Mechanic's Lien.