FLAHERTY FARDO are competent to provide defense and representation at the
- Criminal Preliminary Hearings
- Driving Under the Influence
- Summary Driving Offenses
- Reckless Driving | Careless Driving
- Criminal Misdemeanor charges
- Criminal Theft Charges
- Landlord | Tenant Disputes
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Understanding Magistrate Hearings:
Pennsylvania has hundreds of Magistrate Offices throughout the entire state. Magistrates have enormous powers with regards to both criminal and civil litigation matters.
All criminal defendants arrested of a crime, first appear before a licensed Magistrate in the local community where the crime was committed.
The first step of the criminal process is called the preliminary hearing, and it is at this first very important stage that defendants can ask the Magistrate to have the charges against them dismissed.
The biggest difference at a Magistrate hearing is that the Commonwealth of Pennsylvania does not have to prove that the defendant is guilty beyond any reasonable doubt. To the contrary, all that is necessary at this preliminary hearing is that the state put forward a prima facie case that has a crime has occurred. The standard is whether it is "more likely than not" that a crime occurred rather than "beyond any reasonable doubt".
It is important to have proper representation at Magistrate hearings and try to get any charges filed dismissed if possible. Bail can also be set at magistrate hearings.
Magistrates Also Hear Civil Cases up to $8,000.00:
Magistrates also hear civil disputes involving money where the dispute is less than $8,000.00. Magistrates often hear landlord / tenant actions. All Magistrate decisions in Pennsylvania can be appealed (de novo), which means 'fresh' or new', and entitled the parties to a new hearing without admitting the decision from the Magistrate.
For this reason, most Magistrate civil decisions are appealed. In fact, parties that lose by not appearing at a civil Magistrate hearing, can often appeal that decision within 30 days and receive a new trial at an arbitration hearing.