What Happens at a Preliminary Hearing in Luzerne County, Pennsylvania?

If you've been charged with a crime in Luzerne County, one of the first and most important steps in your case is the preliminary hearing. These hearings typically take place before a Magisterial District Judge in communities such as Wilkes-Barre, Hazleton, Kingston, Nanticoke, Plains, or surrounding municipalities.

At Sklarosky Law, we regularly represent clients at preliminary hearings throughout Luzerne County and make sure they understand exactly what to expect—and how this stage can shape the rest of the case.

Purpose of a Preliminary Hearing in Luzerne County

A preliminary hearing is not a trial and does not determine guilt or innocence. Instead, the purpose is to decide whether the Commonwealth has presented enough evidence to move the case forward to the Luzerne County Court of Common Pleas.

The prosecutor must establish a prima facie case, meaning they must show:

1. A crime was committed; and

2. There is sufficient evidence that you may have committed it.

If the Commonwealth fails to meet this burden, the Magisterial District Judge has the authority to dismiss the charges or reduce them.

What Happens During the Hearing?

At a Luzerne County preliminary hearing, you can expect the following:

Commonwealth Presents Evidence

Most often, the prosecution calls the arresting officer to testify. In some cases—particularly involving domestic incidents or serious offenses—they may also call civilian witnesses.

Cross-Examination by Defense Counsel

Your defense attorney has the right to cross-examine witnesses, challenge hearsay, expose inconsistencies, and argue that the evidence does not meet the legal standard required to hold the case for court.

Judge's Ruling

After hearing the evidence, the judge will decide whether the charges are:

• Held for court (sent to the Luzerne County Court of Common Pleas),

• Dismissed, or

• Amended or reduced.

Why Preliminary Hearings Matter in Luzerne County

Preliminary hearings are especially important in Luzerne County because:

• Police testimony is often thin at this stage

• Some charges rely heavily on hearsay or assumptions

• Weak cases can be dismissed early, saving months (or years) of litigation

• Testimony is recorded and can be used later to impeach witnesses at trial

In many cases, a strong showing at the preliminary hearing leads to:

• Reduced charges

• More favorable plea negotiations

• Complete dismissal of the case

Do I Have to Testify?

In most cases, you should not testify at a preliminary hearing. The burden is entirely on the Commonwealth—not the defense—to prove its case. Your attorney will advise you if there is ever a strategic reason to testify, but this is rare.

After the Preliminary Hearing

If your case is held for court, it will proceed to the Luzerne County Court of Common Pleas, where formal arraignment, pretrial motions, and negotiations take place.

If charges are dismissed, the case ends unless the Commonwealth refiles—which is not always permitted depending on the circumstances.

Speak With a Luzerne County Criminal Defense Lawyer

If you are facing criminal charges in Wilkes-Barre, Hazleton, Kingston, Nanticoke, Plains Township, or anywhere in Luzerne County, the preliminary hearing is not a formality—it is an opportunity.

At Sklarosky Law, we aggressively defend clients at preliminary hearings and know how Luzerne County prosecutors and Magisterial District Judges handle these cases.

Call (570) 283-1200 or use our online contact form to schedule a confidential consultation today.