Case Result: Attempted Murder Dismissed at Preliminary Hearing
Today, Attorney Foltz secured a major victory in the Philadelphia Municipal Court. Our client was facing the most serious of allegations: Attempted Murder and other serious charges. Following a contested preliminary hearing, I am proud to announce that all charges against our client have been fully dismissed.
What is a Preliminary Hearing?
In the Philadelphia criminal justice system, the preliminary hearing is the first major hurdle for the prosecution. It is not a trial to determine guilt or innocence. Instead, its purpose is for a Judge to decide if the Commonwealth has enough evidence to move the case forward to the Court of Common Pleas.
The Prosecution’s Burden: "Prima Facie"
At this stage, the District Attorney’s Office carries the "evidentiary burden." They must establish a prima facie case. This means they must provide enough evidence to show two things:
That a crime was actually committed.
That the defendant is the person who likely committed it.
While this burden is lower than the "beyond a reasonable doubt" standard required at trial, it is still a vital protection for the accused. If the evidence is hearsay, unreliable, or fails to meet the legal elements of the crime, the case should not proceed.
Full vs. Partial Dismissal
There are several ways a preliminary hearing can end, and having an experienced attorney is critical to navigating these outcomes:
1. Full Dismissal
This is when all charges against the defendant are dismissed, which we achieved today. When a judge finds the Commonwealth failed to meet their burden on all counts, the charges are dismissed, and the defendant is free to go. While the DA can attempt to "refile" charges, a full dismissal at this stage is a massive blow to their case.
2. Partial Dismissal
Sometimes, the DA will "overcharge" a defendant—listing the most serious crimes possible even if the evidence doesn't support them. We can fight to have specific charges (like Attempted Murder or Aggravated Assault) dismissed while lesser charges move forward, reducing your risk for jail time at the trial level.
Why This Hearing is a Critical Opportunity
Even if a case is not dismissed, the preliminary hearing is an invaluable tool for the defense for two main reasons:
1. Gathering Evidence: We get our first look at the prosecution's witnesses and evidence. We can see where their case is weak.
2. Making a Record: Witnesses testify under oath. By cross-examining them now, we lock them into their story. If their story changes later at trial, we use the transcript from the preliminary hearing to destroy their credibility.
Protect Your Future
A preliminary hearing is often the best chance to end a case before it ever reaches trial.
Do not walk into that courtroom alone. You need an attorney who knows the Philadelphia court system and knows how to hold the prosecution to their burden.
Call us today for a consultation if you are facing criminal charges in Philadelphia.
