2013 (about a year ago) represented a big change with respect to hearsay at a preliminary hearing. The Bulletin states,
"Hearsay as provided by law shall be considered by the issuing authority in determining whether a prima facie case has been established. Hearsay evidence shall be sufficient to establish any element of an offense, including, but not limited to, those requiring proof of the ownership of, non-permitted use of, damage to, or value of property."
What this means is that in a retail theft case, for example, your Lehigh County criminal lawyer cannot object to hearsay of the testimony if the owner of the store or the loss prevention officer does not appear. But, the good thing is that the hearsay rules still apply for trial.
Remember that hearsay is an out of court statement admitted for the truth of the purpose asserted. Now, under this rule, the store owner does not have to be there to say, "I saw the person take the items without paying." An officer can testify to that hearsay at the preliminary hearing only. But, they must also have additional, non-hearsay evidence to establish a prima facie case. Commonwealth ex rel. Buchanan v. Verbonitz, 525 Pa. 413, 581 A.2d 172 (Pa. 1990)
The theory behind this rule change is that the Commonwealth can establish a prima facie case (meaning -- it is "more likely than not") that the crime occurred. This is the standard at the preliminary hearing. But, at trial, it is beyond a reasonable doubt. In addition, the rules of evidence are back on. The alleged victim must testify and state their testimony on the record under oath and be cross-examined by your attorney. Your 6th Amendment right to confront the witness is still preserved.
One final note -- this change is limited. It does not include assault, drug cases, etc. Your Lehigh lawyer better be aware of what can and cannot be objected to and fight accordingly.