WHAT IS A PRELIMINARY HEARING?

A preliminary hearing is where a lot of charge bargaining occurs, such as reduction, amendment or the withdrawal of charges. While a preliminary DUI hearing is technically about whether or not the Commonwealth can meet its burden of prima facia before a Magisterial District Judge, the true purpose of this hearing is three fold.

  • First, The McShane Firm can present the case in such a way that all, or some, of the charges are dismissed because there is a lack of competent evidence to sustain the Commonwealth’s burden.
  • Second, it ‘locks’ the testifying witnesses into their stories so that if they change their stories or lie about the situation later on, they can be impeached with their prior inconsistent statement.
  • Third, it establishes and develops potential suppression issues or allows you to preliminarily explore the type and quality of evidence against you.

Due to the importance of these three aspects, a preliminary hearing is crucial to your case, and without proper representation, you make it easier to convict you of your DUI or drunk driving case.

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Attorneys at the McShane Firm
At The McShane Firm, our attorneys have over thirty-one years of combined experience in criminal, allowing us to be ready to assist you with any and all of your legal needs. Our support staff has over two dozen years of combined experience in the legal field.

Meet Our Attorneys

Justin J. McShane, Esq.
Justin J. McShane, Esq.

Chairman/CEO
Specializing in DUI and Criminal Law
Timothy M. Barrouk, Esq.
Timothy M. Barrouk, Esq.

Senior Litigation Associate
Shawn M. Dorward, Esq.
Shawn M. Dorward, Esq.

Litigation Associate
Katherine McShane, Esq.
Katherine McShane, Esq.

Litigation Associate
Richard S. Roberts Jr., Esq.
Richard S. Roberts Jr., Esq.

Litigation Associate
Kaitlyn Clarkson, Esq.
Kaitlyn Clarkson, Esq.

Appellate and Post-Conviction Attorney
Jason Jefferis, Esq.
Jason Jefferis, Esq.

Litigation Associate

Hundreds Have Trusted Us. You Will Too.

Comment_MarkThe work that Mr. McShane has done in the field of DUI defense is truly inspiring. He is one of the rare attorneys in his field better.

Jason Korner, (Saint Louis, MO)

Comment_MarkMy son made the wrong decision by getting behind wheel after drinking with some friends. Fortunately, I called Attorney Justin McShane. He was able to get the charge reduced to a reckless driving charge.

A.V., (Harrisburg, PA)

Comment_MarkThank you for your very professional handling of my son’s case. I appreciate your efforts and your candor.

T.C., (State College, PA)

Comment_MarkMcShane is a genius. Simple as that.

Peter Carini, (Medford, OR)

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