Motion to Quash: An Appeal of Your Preliminary Hearing

In this video, I discuss what a Motion to Quash is in Philadelphia criminal court. In the counties outside of Philadelphia this same motion is called a Writ of Habeas Corpus. But, they have the same effect.

These motions challenge the Municipal Court or Magistrate District Justice's ruling that there is enough evidence to send charges to the Court of Common Pleas for a trial. The burden at a preliminary hearing is a very low one as the prosecution need only show a prima facie case. That is they just need to show that more likely than not (1) a crime occurred and (2) the defendant was somehow involved.

These judges are not deciding your guilt or innocence and therefore are not deciding whether the witnesses should be believed. However, if the judge makes a mistake and rules that charges should move forward to trial that the prosecution did not prove at the preliminary hearing, then a Motion to Quash is an appropriate pre-trial motion to file and argue.

Видео Motion to Quash: An Appeal of Your Preliminary Hearing канала The Fishman Firm