This information is for summary offenses and misdemeanor charges only.
Preliminary Hearing
At the preliminary hearing, the Commonwealth must establish a prima facie case — showing that a crime was probably committed and that you probably committed it. This is your first major opportunity to challenge the prosecution's evidence.
The Prima Facie Standard
Under Pa.R.Crim.P. 542, the Commonwealth must show it is more likely than not that a crime occurred and you committed it. This is a lower standard than "beyond a reasonable doubt" required at trial.
Per Commonwealth v. Ricker, 120 A.3d 349 (Pa. Super. 2015), hearsay evidence alone may be sufficient at a preliminary hearing — controversial but currently good law in Pennsylvania.
Your Rights at the Preliminary Hearing
Right to be represented by counsel
Right to cross-examine all Commonwealth witnesses
Right to present evidence and witnesses in your defense
Right to make legal arguments
Right to challenge the sufficiency of evidence
Right to request a continuance for good cause