II borrowed money from a friend ($800) I gave him a check to repay but told him to hold it. He finally got tired of waiting and it bounced. He filed criminal charges. We had one hearing and the judge gave me 30 days to pay. He continued the hearing. I dont have the money. My new hearing is Feb 14th. Since I dont have the funds, what is going to happen? Im worried about my job. I work for a law firm. I have every intention of paying it I just dont have it.
You do not go to jail at a preliminary hearing. Every criminal defendant is afforded an opportunity before trial to test the sufficiency of evidence gathered against them by the Commonwealth. This is the purpose of the preliminary hearing; a Magistrate judge must decide whether or not the Commonwealth has enough evidence to make a prima facie case. Essentially, the Court must find: 1) that a crime has been committed, and 2) the defendant has probably committed it. If the Commonwealth fails to satisfy that test (i.e. demonstrating that a crime has occurred and the accused probably did it), then the defendant must be discharged. The Commonwealth’s burden of proof at the preliminary hearing is not as stringent as it would be at trial; the Commonwealth need not prove the elements of a crime beyond a reasonable doubt, although it must nevertheless furnish evidence to support the existence of each and every element of that crime
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit of a personal consultation to explore all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon.
Bail will be set at your Preliminary Hearing. If the bail is monetary, and you do not have the money, then you will be incarcerated.
Having said that, I would speak to someone in your law firm and ask that they appear with you to make sure bail is not an issue.
Bail is set at a PRELIMINARY ARRAINGMENT. At a preliminary hearing which follows, a court may increase or decrease the bail amount. Therefore it is possible for one to go to jail. The preliminary hearing is utilized as a probable cause hearing in the vast majority of matters and is not where the final adjudication of a case takes place. The District justice odes have jurisdiction to hear M3 cases and sentence one on those and jail may occur
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