Compelling Dismissal in Preliminary Hearings in Philadelphia

Gettin’ Charges Dismissed in Preliminary Hearings – What You Need to Know

So you got yourself arrested and are facin’ charges in Philly. That sucks. But don’t panic – there’s still hope. The preliminary hearing is your first chance to get the case thrown out before it goes to trial.

A lotta people don’t realize the power these hearings got. It’s not just about the prosecution showin’ they got enough evidence. Your lawyer can actually fight to get the whole case dismissed right then and there if the cops or DA screwed stuff up. Here’s how:

What be a Preliminary Hearing?

First ya gotta know what it is. The preliminary hearing happens pretty quick after you get locked up – within 10 days if you’re still in jail, or within 30-45 days if you out on bail.

It goes down at the Municipal Court building at 1301 Filbert Street before a Municipal Court judge. The prosecutor will bring out the arresting officers and witnesses to testify why you should be charged. It’s their chance to show there’s enough evidence to say you probably committed the crime they accusin’ you of.

This is called “establishing probable cause” and you need it to move the case forward to the Court of Common Pleas. If they don’t got enough proof, the judge can dismiss the whole case right then and there.

How to Get Charges Thrown Out

A lot can go wrong leadin’ up to the hearing that gives your lawyer ammunition to get charges dropped:

• Illegal Arrest – If the cops didn’t have good reason to arrest you in the first place, your lawyer can argue they violated your rights and get the case tossed. Things like no probable cause, bad warrants, illegal searches, etc. fall under this.
• Miranda Rights – If the cops didn’t read you your Miranda rights after arresting you, that can nullify whatever you told ’em. So if they try to use your statements against you, your lawyer will scream foul and can maybe get the case dismissed.
• Bad Evidence – If the evidence is bunk or the witnesses unreliable, your lawyer can poke holes and argue there’s no solid proof against you. No good proof = no probable cause = case dismissed!
• Speedy Trial Violations – You got the right to a speedy trial under the 6th Amendment. If it’s draggin’ too long cuz of delays or backlogs, your lawyer can file to dismiss.

The Dismissal Strategies

There’s a couple main ways your lawyer can argue to get the charges dropped:

Lack of Prosecution (LOP) – This is when the prosecutor or witnesses don’t show up to the hearing or are unprepared. If they fail to produce solid evidence of probable cause, your lawyer pounces and asks the judge to dismiss the case “for lack of prosecution.” Bam – free to go!

Lack of Evidence (LOE) – Same result but this time it’s cuz the evidence itself don’t cut it. Say the cops’ testimony is weak or contradicted. Maybe the witnesses unreliable. If your lawyer exposes flaws that ruin probable cause, they can ask for dismissal “for lack of evidence.” Case closed!

Illegal Procedure – Here your lawyer argues the case should get tossed cuz something wasn’t done right according to rules and regulations. This covers stuff like bad warrants, Miranda violations, speedy trial issues – anything fishy with your rights and due process.

Habeas Corpus Relief – Special Latin term for fighting pretrial detention with no formal charges. If you stuck in jail too long without seeing a judge or prosecutor filing charges, your lawyer can petition for a writ of habeas corpus to force them to charge you or let you go.

It’s a long shot but if you’re held unjustly long enough with no case, the judge may toss it to send a message.

When Charges Can be Re-filed

If charges do get dismissed, it may not be the end. The DA’s Office can re-file within 5 years in Municipal Court or 2 years in Common Pleas if they want (minus some exceptions). So while it feels real good walkin’ out that courtroom, you may not be completely off the hook yet.

But re-filing does reset the clock, gives you leverage to negotiate, and forces the prosecution to tidy up whatever flaws let to dismissal. So even if they come after you again, you’re still in a better spot.

The Takeaway

While TV makes it seem like preliminary hearings are just formalities, they can actually be your ticket to freedom if your lawyer plays their cards right. Insisting on mistakes and lack of evidence early on establishes doubt and plants those seeds for getting charges dropped later.

So if you’re facin’ criminal accusations in the City of Brotherly Love, don’t just sit there – call a bulldog Philly defense lawyer to start punching holes in the case today! The prelim is your first big shot so come out swingin’.