Preliminary Hearing Lawyers in Delaware

Defending Clients Across Sussex County & Kent County

A preliminary hearing occurs quickly after an arrest for a felony case.

They typically occur within 10 days after an arrest and have two major functions:

They are to determine whether or not there is probable cause for the charges that were presented; and
If the person is incarcerated, to have their bond reviewed and possibly lowered

The standard of probable cause is a low standard and more complex legal arguments relating to the arrest, search and seizure are not addressed in this hearing.

If you are facing a preliminary hearing, contact our criminal defense attorneys in Delaware at Abram, Gulab & Hutchison. We have many years of experience focusing on criminal defense and are able to represent clients with a wide range of charges, from traffic offenses to first degree murder.

Can Charges Be Dropped at a Preliminary Hearing?

There are many reasons that a case may be resolved at preliminary hearing, including over charging by the officers, lack of criminal history, potential evidentiary issues, and other defects in the State’s case. It is important to speak to an experienced attorney to determine the likelihood of a quick resolution.

This is beneficial for two reasons:

The stress will be relieved quickly if you have a felony case and the client will not have to wait for the process to resolve, which is often 4-6 months.
The cost to the client will be substantially lower.

The only pleas that the Court of Common Pleas may accept are misdemeanors so any resolution at the preliminary hearing will result in no felony conviction. To learn more about the process or to consult an attorney about your charges, contact a member of our team. We are available 24/7. We can defend out-of-state clients who have been arrested.

Call 302-405-7010 to get started. Se habla Espanol.