A preliminary hearing occurs quickly after an arrest for a felony case or a misdemeanor case that involves a narcotic possession charge. 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.

What is perhaps the most beneficial aspect of a preliminary hearing is the potential of a plea bargain to resolve a case at preliminary hearing. Often if a case is weak or the charges are low level felonies then a plea can be worked out resulting in quick closure of a case. This is beneficial for two reasons, one the stress will be relieved quickly of have a felony case and the client will not have to wait for the process to resolve, which is often 4-6 months, and second, 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 preliminary hearing will result in no felony conviction.