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Disclaimer: Unless we have entered an agreement to consult or represent you, we are not providing you legal advice. This article provides general information only, and is not to be taken as legal advice….That being said, facing criminal charges in Pennsylvania can be overwhelming. Understanding the steps of the criminal process can provide clarity and peace of mind.  

A criminal legal action in Pennsylvania can begin either with an arrest, or with the issuance of a Summons. While the processes are very similar throughout the Court system, Summons are normally reserved for less serious offenses. The significance of the process beginning with a Summons is that you may simply get a piece of mail advising you of a court date and might not be physically detained by a police officer. After the initial arrest or Summons process, the below description details each stage of the criminal process in Pennsylvania.  

Step 1: The Preliminary Arraignment

This criminal process typically begins shortly after the arrest - normally within hours. This is the first appearance before the Magisterial District Judge. At the preliminary arraignment the Defendant is read the charges against them, given a copy of the criminal complaint, and advised of his/her rights, including the right to be represented by an attorney. This is not an opportunity to argue your case, but is an opportunity to present factors that affect a bond determination – such as, your ties to the community (family, employment, etc.), the nature of the crime you are accused of (is it violent? Is it a felony?) and whether you present a flight risk or danger to the community. At the preliminary arraignment, a bond determination will be made, and a preliminary hearing date will be set. If the Judge determines you are not a danger to the community and not a flight risk, you may be released on your own recognizance (ROR) after signing a paper promising to appear for future court dates. If the Judge has more concerns about your risk to the community or likelihood of appearing for future court dates you may receive an unsecured bond (you owe the bond amount if you miss future court dates), or you may receive a secured bond (you have to pay the amount of the bond yourself (or through a bondsman) to the court). If you pay a secured bond, upon your appearance at every required court date, the money will be returned to you. If you miss a court date, the money may be forfeited. Finally, if you are charged with a Capital offense in Pennsylvania, or the Judge believes you are a flight risk or danger to the community, you may be denied bond.

Step 2: The Preliminary Hearing

The preliminary hearing is the first important hearing in the criminal process. It is usually held before the Magisterial District Judge who works in the area where the crime took place. This hearing is NOT a trial and is really a check on the government's power to detain people – ensuring that the government has some evidence to justify their arrest. At the hearing, the Magisterial District Judge will listen to all the evidence presented by both the prosecution (and the defense if they choose to present evidence). 

To prevail, the Commonwealth will have to show that there is evidence that a crime has been committed and that the defendant is most likely the person who committed it.  Notably, the legal standard that the Commonwealth has to meet in order to move their case forward at this stage is low – a preponderance of the evidence. This is a far lower standard than you will be judged by when you ultimately have a trial, at which the Commonwealth will have to meet a higher standard – proof beyond a reasonable doubt. Furthermore, evidence that might be inadmissible at a trial (such as hearsay) will be admitted at the Preliminary Hearing.  For this reason, most of the time, the Commonwealth is able to meet their burden and prevail at the Preliminary Hearing. 

In some situations, you may decide to waive your right to a Preliminary Hearing. Often, after negotiation with the Prosecution, a Preliminary Hearing might be waived by you and your attorney in order to preserve consideration for a future plea arrangement, or an alternative resolution, such as Accelerated Rehabilitative Disposition (ARD).  Depending on your charges, you may also be able to resolve your case with a plea to a Summary Offense, or Misdemeanor of the Third Degree before the Magistrate Judge.  If you are pleading to any offense graded above a Misdemeanor of the Third Degree, your case will have to be bound over to the Court of Common Pleas for a Judge to consider the Plea.

Notably, sometimes people think that their attorney is not useful to them, if they are only going to waive their Preliminary Hearing. However, in many counties, prosecutors will refuse to negotiate with someone who has no attorney, and may attempt to force them to have a hearing under the theory that they don’t want to deprive the Defendant of their right to a hearing, without the Defendant having the benefit of Counsel. For this reason, even if you want to work out a Plea bargain, it still often makes sense to have an attorney who can negotiate for this result on your behalf.

If you are intent on a trial instead of a Plea, or if you do not like any of the Plea possibilities that the Commonwealth is discussing, you may decide to move forward with the Preliminary Hearing. If you do so, this is still an important hearing, as it is the Defendant’s first opportunity to begin hearing what evidence is going to be presented against them, and, while the government’s witnesses against you are under oath, provide your attorney with a first opportunity to cross examine them. 

While you, as the Defendant, have the right to present evidence at the Preliminary Hearing, Defendants virtually NEVER do so. This is because the standard that the Commonwealth needs to meet at the preliminary hearing is so low (some evidence a crime occurred and some evidence you were the person who committed the crime) that the presentation of evidence by the Defense at this stage is really just tipping your hand to the prosecution about what you might present in your defense in a later trial. Furthermore, Defendants are not entitled to discovery materials until after the preliminary hearing, so any defense presented at this stage would be a “blind” defense, without the benefit of knowing what evidence the government already has.

After listening to the evidence, the Magisterial District Judge will decide if there is enough evidence for the case to be sent to the Common Pleas Court. If the Magisterial District Judge finds that there is not enough evidence, the charges will be dismissed (although they can typically be re-filed if the Commonwealth locates additional evidence). Defendants who waive their preliminary hearings will automatically have their case sent to the Common Pleas Court. 

At Ambler Law Offices, LLC we typically offer representation in criminal matters in stages.  If you decide to retain us, you would first pay us a flat fee to handle your case at the magisterial level.  If, after the conclusion of your case at the magisterial level your case is bound over to the Court of Common Pleas, you would have to seperately retain and pay us to represent you in that proceeding.  This bifurcated system allows us to offer lower up-front costs to Defendants, whose charges may be dismissed or resuloved during their preliminary hearing.

Step 3: Information Filed

After the preliminary hearing, the District Attorney’s office files a formal document called the “information.” This document lists the official charges against the defendant. At this state in the process, the district attorney may add, remove, or drop charges. If they believe the evidence is too weak for a conviction, the district attorney can also end the prosecution altogether by not filing an information. 

Step 4: Formal Arraignment

Shortly thereafter, the formal arraignment takes place at the Court of Common Pleas. At the formal arraignment, the Defendant is given a copy of the information sheet and advised of his/her rights. If the Defendant has an attorney, the attorney can typically file a signed waiver so that the Defendant does not need to appear. At the arraignment, the Judge will advise the Defendant of the charges and a plea of guilty or not guilty is entered - either in person or via their attorney. After the arraignment, the defense typically files for discovery, requesting the complaint, the police report and all other evidence from the Commonwealth that is related to the case. 

Step 5: Status Conference and Pre-Trial Conferences

Before trial, several court appearances help organize the case. 

A status conference is a pre-trial meeting where the court, the parties and the attorneys review the case, establish deadlines for the exchange of discovery, depositions, evaluations and other legal issues. It is here that the case is typically either set for a plea or trial tract. 

A pre-trial conference is where the Defendant, his/her attorney and the District Attorney will appear before the Judge assigned to the case. Key issues can be resolved here such as evidence being requested and provided, negotiations about the case, scheduling court appearances, etc.

Also within the pre-trial dates is a face-to-face opportunity for plea bargaining. During this time, your Attorney may help you organize mitigation evidence to try to push the Prosecution to a favorable plea agreement. If both sides can agree to a plea bargain that resolves the criminal matter, the case may be resolved without going to trial. Often, depending on their evidence, the District Attorney will agree to reducing the charge, dropping some of the charges or recommending a lighter sentence in exchange for a guilty plea. If the defendant chooses not to accept the plea bargain, a trial date is scheduled. 

Step 6: Pre-Trial Motions and Hearings

In many cases, it can be beneficial for the defense to file pre-trial motions. Some pre-trial motions are so significant that if the court grants them, that can resolve the case. There are a variety of different pre-trial motions an attorney can file at the pre-trial hearing stage of the criminal court process, including:

Habeas Corpus Petition

A Petition for Writ of Habeas Corpus asks the Judge of the Court of Common Pleas to dismiss or modify certain charges based on insufficient evidence from the preliminary hearing. This petition argues that the Magisterial District Judge ruled incorrectly based on the evidence and often, that there was not enough evidence to show that crimes were committed or to show that they were likely committed by the defendant. After this is filed, at the hearing, the Commonwealth can choose to either present additional evidence or they can re-submit the same exact evidence and make an argument as to why that evidence is enough. After the hearing, the Common Pleas judge will issue a decision. If the defense loses, it cannot be appealed until after trial if a conviction is the result. If the Commonwealth loses, they can appeal within 30 days and ask the court to reinstate the charges. Notably, if you waive your right to a Preliminary Hearing, you typically also waive your right to a Habeas Petition.

Suppression Motion

A suppression motion seeks to exclude evidence from the trial. The evidence subject to suppression includes but is not limited to physical items obtained through search and seizure or statements made to the police, depending on whether the evidence was gained by the Police unlawfully. When a court rules that evidence has been unlawfully obtained and grants the motion to suppress, the prosecution cannot use that evidence at trial. 

Motion to Dismiss

There are multiple reasons to file a motion to dismiss requesting the dismissal of charges. For example, once a Defendant is charged, the Commonwealth must typically bring them to trial within a year of the date in which charges were filed (there are many exceptions to the general rule that can extend that time period- such as continuances you asked or agreed to). If the Commonwealth fails to provide a speedy trial pursuant to Rule 600, a Motion to Dismiss might be appropriate.

Accelerated Rehabilitative Disposition (ARD)

For eligible first-time offenders, the ARD program is a pre-trial program that can result in the dismissal and expungement of criminal charges. An ARD application must be submitted within 30 days after the formal arraignment. If accepted, the Defendant will be placed into the program, avoiding trial. If successfully completed, the Defendant's charges can be dismissed and expunged. If rejected, the case continues as normal with the Defendant being scheduled for a pre-trial conference, plea or listed for trial.

Step 7: Trial or Guilty Plea

At this point in the criminal proceedings, the Defendant has a choice: enter a plea of not guilty or enter a guilty or no contest plea. If the Defendant enters a plea of not guilty they will go to trial. The Defendant can be tried by a Jury of 12 randomly selected citizens or by a Judge alone (if both sides agree). In either case, the Commonwealth must establish the Defendant’s guilt beyond a reasonable doubt. If tried by a Jury, the Jury must return a unanimous verdict. If tried by a Judge, the Judge alone returns the verdict. 

A Defendant can choose not to have a trial by entering a guilty or no contest plea. If a Defendant pleads guilty or no contest, a plea date will be scheduled and at that time it will be determined whether the defendant knows what they are doing and entered the plea voluntarily. Once the Judge accepts the plea, the Defendant can be sentenced immediately, or sentencing may be held pending a pre-sentence investigation. If sentencing is delayed, the Defendant will return to court at a later date and be sentenced.

Step 8: Pre-Sentence Investigation

If a guilty plea is entered or the Defendant is convicted at trial, the court’s probation department will prepare a report for the Judge which summarizes the crime and the Defendant’s personal and criminal background. Within the Defendant’s background, the report includes the Defendant’s criminal record, medical or psychiatric reports, and any time the Defendant spent in custody awaiting trial. This report often contains a victim impact statement.

Step 9: Sentencing

Sentencing in Pennsylvania depends on the crime. The court will impose a sentence after the conviction at trial or after a guilty plea. Sentences are often at the Judge’s discretion but in Pennsylvania there are multiple mandatory minimum sentences that must be imposed if a Defendant is convicted of specific crimes. 

At sentencing, the Judge will consider information from the pre-sentencing report and sentencing guidelines. The Judge can consider possible penalties including probation, fines, community service, restitution and/or jail/prison time. 

Step 10: Post Conviction Motions and Appeal

If convicted after a trial, the Defendant must first file Post-Conviction Motions to preserve issue for Appeal. If the Post-Conviction Motions are denied, the Defendant has the right to appeal. Appeals may be based on legal errors during trial. However, it is important at a trial to preserve issues for appeal. If you fail to provide timely objections at trial, you might lose your opportunity to raise the issue on appeal.

If you pled guilty, your rights to Appeal are hugely limited. The following are the only viable avenues to appeal if you pled guilty:

1) You were tricked/coerced into taking the plea

2) Your lawyer was ineffective

3) The court lacked jurisdiction

4) You were given an illegal sentence (eg., statutory max is 5 years and court gave you seven years)

· If you tried to withdraw the plea and your Motion was denied, you can argue that in a post-sentence motion as well

Timelines for Post-Conviction Motions and Appeals are often short, and critically important to preserve your right.

Conclusion: 

Going through the criminal process in Pennsylvania can feel daunting, but understanding each step can help you stay informed and prepared. From the initial arraignment through trial, each stage has a purpose and procedures. Having an experienced criminal law attorney can make all the difference when navigating each of these stages. If you find yourself in need of guidance, call the criminal law attorneys at Ambler Law Offices, LLC today for a consultation. (717) 525-5822. 15 Minute phone consultations for criminal cases are free.