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District judge speaks to Coaldale crime watch

Stephen Bayer hears more cases than any other Magisterial District Judge in Schuylkill County.

While his district is the smallest in the county geographically, he typically leads Schuylkill and Carbon in the number of cases which pass through his courtroom.

On Wednesday, the Coaldale Community Crime Watch got to learn about a magistrate’s duties, and how it can help them be more effective at preventing crime.

Bayer’s court deals with everything from speeding tickets up to preliminary hearings in murder cases.

He said of the criminal cases he sees, a relatively small number come from Coaldale Borough. Coaldale is the only borough with an active crime watch group in Bayer’s district, which he said speaks to the overall sense of community in the borough.

“You’re doing something I don’t see going on in the other communities, and it’s community-driven,” he said.

The crime watch members had many questions about the legal system and how they fit in it. Bayer said he could not offer legal advice, but he answered many of their general questions.

One member asked what cases Bayer hears, and which ones go to the courthouse in Pottsville.

Magistrates oversee preliminary hearings, which determine whether the charges are valid enough to be sent to Pottsville. The “burden of proof” in a preliminary hearing is much lower than an actual trial — the district attorney only has to show that the suspect probably did the crime. For a conviction, they must prove it beyond a reasonable doubt.

“If the burden was higher at my level, the hearings would be much longer,” he said.

If a person is arrested, they are usually only brought before a magistrate if the crime is serious and the officer plans to send them to jail.

“They only bring them to me if there’s a felony, domestic violence is involved, or they believe the person is a flight risk,” he said.

He used two separate recent examples where police tried to arrest two men who were illegally riding motorcycles. When police tried to pull them over, they decided to flee. That made them a flight risk in the eyes of the law, meaning they were sent to jail for an incident that started as a traffic stop.

Asked what a person’s rights are when they’re arrested, Bayer said it’s not exactly like you see on TV. He said an officer only has to give Miranda rights if they are investigating a crime. If you get pulled over for speeding, his investigation is technically complete, and he doesn’t need to.

“They never have to mirandize you because the crime is complete, and they’re not investigating it,” he said.

One crime watch member asked if there is a website with clear instructions about how to file a suit against a private citizen. Bayer said the best way is to get an attorney, although the cost of hiring one can often exceed the amount that you would win in the suit.

Asked how they could be more effective witnesses if bringing a case against someone, Bayer said the best thing is to slow down, and answer specifically.

“Basically, be slow, think about your answers, think about the question,” he said.

Magisterial District Judge Stephen Bayer addresses the Coaldale Community Crime Watch on Wednesday night at VFW Post 6982. CHRIS REBER/TIMES NEWS