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AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | Client Satisfaction Award | American Institute of Criminal Law Attorneys
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Preliminary Hearing Archives

Refiling charges dismissed at a Preliminary Hearing

At a Preliminary Hearing, one of two things can happen. The District Justice can hold the charges against the criminal defendant and send the charges to the Court of Common Pleas where the defendant will have a jury trial or the district justice can dismiss the criminal charges. What are Preliminary Hearings If the charges are dismissed the government can re-file the criminal charges dismissed at the Preliminary Hearing. While the Commonwealth, may re-file charges after a dismissal at the preliminary hearing, there are limits to its authority to do so, and even greater limits on its ability to seek that the matter be reassigned to a different magistrate. For example, the Commonwealth must refile charges prior to the expiration of the statute of limitations, and the Commonwealth may not reinstitute the charges in an effort to harass the defendant or where the refiling would prejudice the defendant.

Preliminary Hearing

Everyone charged with a misdemeanor or felony crime in the state of Pennsylvania is entitled to a Preliminary Hearing. (The only exception is Pennsylvania's Indicting Grand Jury).  At the Preliminary Hearing, the government must prove that there is a prima facie case that (1) an offense has been committed and (2) the defendant has committed it. If the government cannot meet this burden then the case must be dismissed. If the government does meet its burden, then the charges are "held over" and sent up to the Court of Common Pleas.

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We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

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For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

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We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

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West Chester Office
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
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Pottstown Office
934 E High St #2
Pottstown, PA 19464

Phone: 610-314-7066
Fax: 610-436-0628
Map & Directions