Preliminary Hearing Lawyers in Delaware

Defending Clients Across Sussex County & Kent County

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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 attorney in Delaware at Abram and Hutchison. We focus our entire practice 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?

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:

  • 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) 273-1442 to get started. Se habla Espanol.

We Care About Results

Fighting for Your Best Interest
  • Dismissed Dealing Marijuana, and DUI

    Originally charged with drug Dealing Marijuana, and DUI. Was able to get the drug dealing charges reduced at preliminary hearing, then trial followed. At trial was able to keep out the radar evidence in this case and the state was not able to prove Reasonable Articulable Suspicion for the stop, all charges dismissed.

  • Not Guilty DUI

    A suppression motion granted for no probable cause, kept out the portable breathe test on foundation.

  • Dismissed DUI

    DUI attempting to convict Mr. Abram's client for drug use - successfully argued that the state forensic chemist was not qualified to testify to the effects of the substance and the state failed to comply with expert discovery.

  • Dismissed DUI

    Held a suppression hearing after the client was pulled over for not having his headlights on. Mr. Abram successfully argued that the state did not have probable cause to make an arrest.

  • Dismissed DUI

    Officer stopped the Defendant for Speeding, was able to show that the Defendant performed well on his field tests and that the officer did not properly administer all of the field tests, no probable cause for arrest, case dismissed.

  • Dismissed DUI
  • Dismissed DUI

    DUI arrest. Was able to successfully argue that after the performance of field tests the officer lacked probable cause to make the arrest for DUI, case dismissed.

  • Not Guilty DUI

    DUI arrest. Driver was stopped for running a stop sign, it was successfully argued that the state could not prove beyond a reasonable doubt the Defendant was under the influence of alcohol, not guilty DUI.

  • Dismissed DUI

    Originally convicted of DUI in Justice of the Peace Court, case was appealed to Court of Common pleas and the court found no probable cause for the arrest for DUI, case dismissed.

  • Dismissed DUI

    DUI case. Case was voluntarily dismissed by the State following a motion filed by the defense challenging the validity of the stop in this case, the Defendant was not required to appear for trial.


The Advantages You Need

Why Choose Our Team?
  • A History of Not Guilty Verdicts & Case Dismissals
  • Over 30 Years of Combined Legal Experience
  • We Specialize in Criminal Defense
  • Former Prosecutor Fighting in Your Corner
  • Our Attorneys Personally Handle Every Step of Your Case
  • Available 24/7 | Spanish-Speaking Services
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