If You Are Going to Hire an Attorney, Hire One Before Your Preliminary Hearing
I've written earlier about the need to hire a lawyer as soon as possible if you are facing, or think you will be facing criminal charges.
Over the weekend, one important procedural milestone came up twice in conversations with folks: the preliminary hearing, which occurs ten days after you are arrested. Often times, lawyers will charge a small fee to "cover" the preliminary hearing. Just as often, a defendant will wait until after the preliminary hearing before hiring a private attorney, "just to see how things shake out" before spending money.
Here's how things will shake out, 9 times out of 10: the judge will hold all the charges over for trial, and you will have lost your only opportunity to cross-examine witnesses before your trial.
I cannot emphasize about important the preliminary hearing is in the preparation of your case. In Philadelphia, in particular, it is your best chance to get the most serious charges dismissed, although I have had success getting charges dismissed recently in the suburban counties as well. And whether any charges get dismissed or not, your attorney can lay the groundwork for a suppression motion or other procedural tools later on in the process, by cross-examining investigators and witnesses at the preliminary hearing. In Philadelphia, an official transcript of every preliminary hearing is made automatically. In the suburbs, however, there is usually no court reporter, and thus no transcript you can use later. I always bring a court reporter to the preliminary hearings I handle privately in the suburbs.
In short it, if you are going to hire someone to represent you, do it before the preliminary hearing.
