In a criminal trial, the Commonwealth has the burden of proving its case beyond a reasonable doubt. This is the highest burden in our legal system and is the hallmark legal protection in our justice system.

Even before trial, the Commonwealth must meet a certain threshold to be allowed to proceed with its case. Although the burden is nowhere near as high as the proof beyond a reasonable doubt required at trial, the Commonwealth must at least present a prima facie case to make it past the preliminary hearing. In other words, the Commonwealth’s evidence must be sufficient under the law to prove each of the charges. Under this analysis, the court is required to assume that all of the testimony is true and all of the evidence is accurate.

There are cases, however, where the charges simply do not fit the facts. In these cases, the defense has a very important tool – a Motion to Quash – to get some or all of the charges thrown out before the case ever goes to trial.