What happens at a preliminary hearing in Pennsylvania, and can charges be dismissed there?

Last updated October 4, 2026.

A preliminary hearing is where a district judge decides whether the Commonwealth has a prima facie case: enough evidence that a crime was committed and that you committed it (Pa.R.Crim.P. 542(D)). If it does not make that showing on any charge, the judge must discharge you, and charges can also be dismissed one by one, so yes, charges can end at this stage. It is not a trial, though: the question is only whether the case may go forward, and a dismissal can sometimes be refiled.

In Delaware County the hearing is held at one of 26 magisterial district courts. Here is what happens, what you may do, and what can come of it. For the full sequence of a criminal case, see our criminal defense page. Our guide to Delaware County district courts by town shows which court hears your case. In Montgomery County, a local rule lets the defense make an audio recording of the hearing after telling the district judge, as explained in what to expect at the Montgomery County Courthouse.

When and where is the preliminary hearing?

The hearing is set at the preliminary arraignment, no later than 14 days afterward if you are in custody on this case only, or 21 days if you are not, unless extended for cause (Pa.R.Crim.P. 540(G)). It takes place before the district judge for the area where the offense allegedly happened (Pa.R.Crim.P. 130), which in Delaware County means a court chosen by municipality and sometimes by ward on the county's April 2026 list. The county's own summary says hearings are scheduled within 3 to 10 days but can be postponed, and that a hearing is sometimes continued at the prosecution's request when a witness does not appear.

Every continuance must be noted on the record with its reason, who asked for it and the new date (Rule 542(G)). If you are not in custody and miss the hearing without cause after proper notice, the hearing can go on without you and the judge asks the county court for a bench warrant (Rule 543(D)).

What can I do at the hearing?

Under Rule 542(C), you have the right to be present and to:

• be represented by a lawyer;
• cross-examine the Commonwealth's witnesses and inspect the physical evidence offered against you;
• call witnesses of your own, other than witnesses only to your good reputation;
• offer evidence and testify; and
• take notes or make a stenographic, mechanical or electronic record of the hearing.

The rule's comment explains that defense witnesses at this stage are meant to negate the prima facie case, not simply to discover the prosecution's evidence. An assistant district attorney may take charge of the prosecution; if none appears, the officer who filed the complaint may be allowed to question witnesses (Rule 542(A) and (B)). Delaware County's description of the hearing says the judge must presume the witnesses are telling the truth and that the defense does not present its evidence; the rule still allows it, so calling witnesses or testifying is a strategic choice to make with your lawyer. In Delaware County, the Public Defender's Pre-Trial Unit handles the hearing for people it represents and sees people in custody at the hearing.

How can the judge rule?

The decision is announced publicly at the end of the hearing. If the case is held, the judge continues or may adjust bail and warns you that missing later court dates can lead to proceedings without you (Rule 543(C)). Once a case is bound over, it does not go back to the district court, except where a waived hearing is reinstated (Rule 543(G)). Our page on how bail works in Pennsylvania covers what can change at this point.

If the charges are dismissed, is the case over?

Not always. When charges are dismissed or withdrawn at or before the preliminary hearing, the District Attorney may reinstitute them by approving in writing the refiling of a complaint, usually with the same district judge; if the prosecutor wants a different judge, it must ask the court (Pa.R.Crim.P. 544). The rule's comment notes limits developed by the courts: refiling must happen within the statute of limitations, and it may be barred where repeated rearrests are used to harass or cause prejudice. A police officer cannot refile without the prosecutor's written approval.

Should I waive the preliminary hearing?

A defendant with a lawyer may waive the hearing at the preliminary arraignment or later. After a waiver, you generally cannot challenge whether the Commonwealth had a prima facie case, unless the parties agreed in writing or on the record that you could; if the waiver was part of an agreement that falls through, you may challenge it (Pa.R.Crim.P. 541). A person without a lawyer may not waive at the preliminary arraignment.

In Delaware County, waivers are also tied to diversion. The county's Misdemeanor Diversion Program, for low-level, non-violent misdemeanors, requires participants to waive the preliminary hearing, and the county's DUI ARD program requires a waiver as well. Weigh what the waiver gives up against what it gets you; our page on whether to waive the preliminary hearing in a Delaware County DUI covers the DUI version of that choice. Our page on what happens after an arrest in Delaware County shows the stages that follow.

How does the hearing unfold, step by step?

1. Notice. At the preliminary arraignment, or in a summons, you receive the date, time and place, with a warning that missing it without cause lets the case go on without you (Rule 540(G)).
2. Preparation. In Delaware County, the Public Defender's Pre-Trial Unit handles hearings for clients it represents; its staff interview clients, start investigations and explore diversion. A private lawyer does the same work.
3. Calling the case. The district judge calls the case; the assistant district attorney or the officer who filed the complaint presents witnesses.
4. Cross-examination and evidence. Your lawyer questions the witnesses and may offer evidence under Rule 542(C).
5. The ruling. The judge announces publicly whether each charge is held for court, and deals with bail (Rule 543).
6. The next step. Held charges go to formal arraignment at the Court of Common Pleas; in Delaware County that is the Courthouse in Media, described in what to expect at the Delaware County Courthouse.

What changes the answer?

• The charge. Summary offenses alone have no preliminary hearing; they are tried at the district court, as explained in what a summary offense is in Pennsylvania.
• A DUI charge. The district judge cannot reduce or change DUI charges without the prosecutor's consent (75 Pa.C.S. 3812).
• Custody. A person held only on this case gets a hearing within 14 days instead of 21 (Rule 540(G)).
• Whether witnesses appear. A missing Commonwealth witness can lead to a continuance, which must be explained on the record (Rule 542(G)).
• Diversion plans. Delaware County's Misdemeanor Diversion Program and DUI-ARD both require a waiver, so the hearing itself may not happen.
• The county. Montgomery County lets the defense audio-record the hearing after telling the judge, under its Local Rule 542(H).

For example: a theft charge held on one count

Here is a hypothetical. A woman is charged in Delaware County with theft by unlawful taking and receiving stolen property after a dispute over a borrowed laptop. At the preliminary hearing in her district court, the owner testifies, and her lawyer cross-examines him about the loan. The judge finds a prima facie case only on the receiving stolen property count and dismisses the theft count, and the held charge goes to formal arraignment in Media.

The District Attorney could later approve refiling the dismissed count within the limits of Rule 544. Meanwhile, the hearing gave her lawyer a sworn account of the owner's story, which helps in deciding whether to seek diversion or prepare for trial. How the value of property changes a theft charge is explained in how value changes a theft charge in Pennsylvania. This example is only an illustration; every case depends on its own facts.

What mistakes do people make with the preliminary hearing?

• Treating it as a formality. It is often the first chance to hear the witnesses under oath and to get a charge dismissed.
• Missing it. An absence without cause after notice can lead to a bench warrant if the case is held (Rule 543(D)).
• Testifying without a plan. Anything you say is on the record; the decision to testify belongs with your lawyer.
• Waiving it without an agreement on the record. An unconditional waiver gives up the prima facie challenge (Rule 541(A)(1)).
• Assuming a dismissal ends the case. The District Attorney can approve refiling under Rule 544.
• Forgetting bail. The hearing is a chance to ask for a change in the bail order (Rule 529).

What should I do this week?

1. Find the hearing date, time and district court on your paperwork.
2. Get a lawyer, or ask for the Public Defender if you cannot afford one.
3. Write down what happened and the names of anyone who saw it.
4. Keep messages, receipts, photos or other records that bear on the charges.
5. Follow every bail condition, especially any no-contact order.
6. Decide with your lawyer, before the hearing date, whether diversion or the hearing is the better path.

Frequently asked questions

Do I have to testify at the preliminary hearing?

No. You may testify and offer evidence (Rule 542(C)), but the burden is on the Commonwealth, and the comment to the rule explains that defense witnesses at this stage are meant to negate the prima facie case.

Can the alleged victim drop the charges at the hearing?

The prosecution belongs to the Commonwealth. Only the District Attorney's office can withdraw charges, and charges dismissed or withdrawn can be refiled with the prosecutor's written approval (Rule 544).

Can my charges be reduced at the hearing?

The judge can hold you only on the charges the evidence supports, including a lesser offense of the one charged, but may not simply lower the grade (543 comment). DUI charges cannot be reduced without the prosecutor's consent.

How long does the hearing take?

Many hearings are short because only the prima facie question is decided. Hearings can be continued, with the reason and new date stated on the record (Rule 542(G)).

What does "held for court" mean for how serious my case is?

It means the case goes on to the Court of Common Pleas. The grade of each held charge sets the maximum penalty; see the maximum penalties for each grade of crime.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation before your preliminary hearing.