Do I Really Need a Lawyer for the Preliminary Hearing?
Yes, absolutely.
Many people mistakenly think the preliminary hearing is just a formality. In reality, it’s a crucial opportunity to:
Cross-examine the Commonwealth’s witnesses
Lock in testimony that may help you at trial
Challenge weak or incomplete evidence
Push for dismissal or reduction of charges
Negotiate favorable outcomes (such as entry into ARD or lesser pleas)
Once testimony is given under oath, it can be used later in trial, even if the witness changes their story or refuses to testify.
An experienced criminal defense lawyer knows how to spot weaknesses, make strategic objections, and preserve issues for suppression or habeas motions down the road.
What Happens If I Don’t Have a Lawyer?
If you go to a preliminary hearing without an attorney, several things can happen:
You may waive critical rights without realizing it
You might not object when evidence is improperly introduced
You may fail to cross-examine a key witness and lose the opportunity forever
The Commonwealth will be fully prepared. You won’t be.
Worse, a waiver or misstep at this stage can severely limit your options later, especially when it comes to plea negotiations, pretrial motions, or trial strategy.
What Can a Defense Lawyer Actually Do at the Hearing?
In Luzerne County, criminal defense lawyers regularly use preliminary hearings to:
Expose weaknesses in the Commonwealth’s case
Argue for dismissal of charges that lack sufficient evidence
Negotiate deals on-the-spot with the District Attorney
Request bail modifications or reductions
Preserve the record for a habeas corpus motion later
Even if the case is held for court, the hearing gives your lawyer a preview of the prosecution’s theory and helps tailor a defense moving forward.
How Soon Should I Hire a Lawyer?
You should hire a lawyer as soon as you receive notice of criminal charges or a scheduled hearing. The earlier your lawyer gets involved, the better they can investigate, advise you on your rights, and prepare a defense strategy.
Waiting until the last minute can limit your options and weaken your position.
How Can I Find the Right Lawyer for a Preliminary Hearing in Luzerne County?
Look for a criminal defense attorney who:
Has extensive experience in Luzerne County courts
Has handled felony, misdemeanor, and DUI cases at the preliminary level
Is ready to take your case to trial, if necessary
Knows how to negotiate with local prosecutors and police departments
Schedule a Free Consultation
If you’re facing criminal charges in Luzerne County—including in Wilkes-Barre, Pittston, or Hazleton, don’t walk into your preliminary hearing alone.
Attorney John B. Pike has over 35 years of experience fighting for clients in Pennsylvania courts.
Your future could depend on what happens at this hearing.
