The Criminal Process in PA

When someone or one of their loved ones is charged with a crime in Pennsylvania, the whole situation can be daunting- not only because of the looming potential penalites, but also because of not knowing how the whole process will play out. While it is 100% advisable to hire an expereinced ctiminal defense attorney like Roarke Aston, Esq., when you or a loved one are charged, here is a quick primer to explain the process in Pennsylvania (in all counties but Philadelphia):

INITIATION OF CHARGES

I.              Charges are filed and the Defendant is served.

a.   Documents Generated

                                                   i.    Criminal Complaint- Lists the charges and has Affidavit of Probable Cause (“PC”).  The PC sets forth the facts alleged which give rise to the charges. 

                                                 ii.     Fingerprint Order-  Every person must be fingerprinted each time they are charged.

b.    Service is effectuated in 1 of 2 ways

                                                   i.     Warrant and Arrest of the Defendant- usually for Felony charges.  If this happens, Defendant will immediately be taken to preliminary arraignment (described below).

                                                 ii.     Summons and service via mail- Usually for Misdemeanor charges.  If this happens, Defendant will get date for preliminary arraignment in mail. (described below).

MAGISTERIAL DISTRICT COURT

II.           Preliminary Arraignment

a.  Conducted by a Magisterial District Judge (MDJ)

                    i.     An MDJ is the lowest level judge.

                             ii.     MDJ offices are located at various locations throughout counties.

                         iii.    MDJs handle the initial parts of criminal cases, this is why Criminal Complaints have MDJ docket numbers.

b.   Charges read to Defendant

c.    BAIL IS SET

                          i.     3 types of bail

1.    ROR- release on own recognizance. Bench warrant issued if fail to appear at future court date.

2.   UNSECURED- Defendant DOES NOT need to pay anything to stay out of jail, but if they fail to appear at a court date, a money judgment will be entered against them and a bench warrant issued.

3.   SECURED-  Defendant has to pay money to stay out of jail while case pending.  Through a bail bondsman, this can be done by posting a certain percent of the amount of bail given by judge.

d.   Made aware of their right to an attorney.

III.       Preliminary Hearing

a.   Held in front of MDJ

b.   Probable Cause hearing-  Question is not whether the defendant is guilty or not guilty, but whether there is probable cause to charge them (probable cause means more likely than not a crime occurred and more likely than not the defendant is the person who committed it).

                          i.     Can be waived instead of having a formal hearing, which is what usually happens.  Defendants usually receive some consideration if waived (reduction of bail, withdrawal of some charges, a plea offer).

                             ii.     If waived- or if hearing held and the MDJ determines there is probable cause- it is Bound over to Common Pleas Court.

                           iii.     If hearing held and the Judge finds there is not probable cause for the charges, they’re dismissed- somewhat rare that this happens.

COMMON PLEAS COURT

IV.       Formal Arraignment

a.  Held in County Court (Common Pleas Court).

b.  Case now has a Common Pleas Docket number entirely different than MDJ docket number. 

c.   A “Criminal Information” is filed.  This is the formal charging document in Common Pleas Court.  It usually contains the same charges as the Criminal Complaint, but some can be added, dropped, or modified.

d.  Defendant’s appearance is often waived at formal arraignment.

e.  Nothing that happens here is important, but…

f.    Formal Arraignment date is very important to us because it starts time limits.

                  i.     30 days to file and omnibus pretial motion or file notice of an alibi witness.

                            ii.     14 days to request discovery.

V.        Disposition of Charges

a.  What can happen

                       i.     Guilty/no-contest plea before Common Pleas Judge. Types of pleas

1. Negotiated- the defendant and Commonwealth agree on which charges will be admitted, wich will be dismissed (if any), and what the sentence will be.

2. Open- the defendant and Commonwealth have an agreement which charges will be admitted to and which will be dropped, if any, but sentencing is entirely up to the judge.

ii. ARD- A program in which the charges against you are dismissed and record automatically expunged upon payment of costs, staying out of trouble for a period of time, and maybe doing community service and/or drug testing.  No admission made by of guilt made by the defendant.

                             ii.     OR Fight charges

1.   Pre-trial Motions (“OPT”)

a.  MUST BE FILED WITHIN 30 DAYS of FA

b.  When filed, get a hearing date in front of Judge

c.  Most cases won’t have an OPT.  OPT is for things such as suppression of physical evidence or statements made by the defendant.

2.  Trial- by judge or jury (except certain DUIs, to which there is no right to a jury trial). If convicted of an charge, the defendant will be sentenced by the presiding judge.

VI.       Post-Sentence

a.  When a Defendant is convicted either via plea or trial, they have certain rights which have time. limits

                   i.     A Post-Sentence Motion (“PSM”) must be filed within 10 days

                            ii.     An appeal must be filed within 30 days of either sentencing or a decision on a PSM.

b.  If a Defendant pled guilty, 95% never file a PSM or appeal.

c.   If a Defendant is convicted after trial, most file a PSM and/or appeal.