Pennsylvania Criminal Justice Process

Criminal Procedure:

Preliminary Arraignment: This is the first step in the criminal process after your arrest. You will be brought before the Magisterial District Judge (MDJ) in person, or by video, and he or she will give you a copy of the criminal complaint filed by police, advise you of your right to secure counsel, your preliminary hearing date and set bail in your case.

Preliminary Hearing: This is the first adversarial hearing in the criminal process and the most important hearing in your case. Your hearing will be in District Court before a MDJ. The purpose of the preliminary hearing is to protect citizens from unlawful arrest and detention. At the hearing, the Commonwealth must prove that a crime was committed and you are probably the one who committed it. This is not your trial and the prosecution need not prove its case beyond a reasonable doubt at this stage. The burden of proof is very low for the prosecution. No defenses are allowed, evidence cannot be suppressed and the judge will have to accept the Commonwealth’s witness’s testimony as true even if they are lying. You will be faced with the choice of waiving your right to a preliminary hearing or forcing the prosecution to present evidence and call witnesses. If a hearing is held and the Commonwealth presents evidence regarding each material element of the charges, the MDJ will hold your case for court and give you an arraignment date. If the prosecution fails to meet its burden the MDJ can dismiss some or all of the charges. It is important to have an attorney at the hearing because charges can be dismissed after a having the hearing or charges can be dropped in exchange for a waiver of the hearing.

Arraignment: Arraignment is the presentment of the formal charges against you. After the preliminary hearing the Assistant District Attorney (ADA) or prosecutor will type up an “information sheet” detailing the crimes you are charged with. This is also known as the indictment. At the arraignment the ADA will give you this information sheet and will read your charges aloud if a formal arraignment is required. The arraignment judge or master will enter a plea of not guilty on your behalf.

Guilty Plea: If you reach a plea deal with the prosecution or decide to plead guilty to the charges in an open plea, you will be given a plea date. At this plea, the judge will read a colloquy to you ensuring that you understand what you are doing and informing you of your rights including your right to a jury trial. Assuming you are competent and not under the influence of any drugs or alcohol, the judge will accept your plea and either proceed to sentencing or give you another date to be sentenced.

Trial: If you decide not to take a plea deal or plead guilty to the charges, the case will go to trial. In a criminal trial the prosecution must present evidence and prove its case against you beyond a reasonable doubt. With the exception of some DUI offenses, defendants have a jury trial right in felony or misdemeanor cases. You will be able to pick a jury of twelve of your peers. Jury selection is an involved process where each side can question jurors. Jury selection usually takes a half day depending on the seriousness of the case. The prosecution and the defense will be able to strike or get rid of jurors that they do not feel will be fair or impartial or do not like. Each side gets the same number of strikes or “preemptory challenges.” However, any juror may be stricken for cause if that juror cannot be fair or impartial in the trial. After jury selection is over, the case will proceed to trial. Trial will proceed in the following manner:

1. Opening Statements: each side will present to the jury what it expects the facts of the case will be. Basically, each party will tell its side of the story.
2. Prosecution’s Case in Chief – the Commonwealth will call witnesses and present evidence to the jury. The defense may cross-examine the prosecution’s witnesses.
3. Defense’s Case – the defense may call witnesses and present evidence on its behalf. The Commonwealth may cross-examine defense witnesses.
4. Closing Arguments – each side will argue the case to the jury and try to persuade the jury. In closing arguments the parties will argue the law and the facts to the jury.
5. Jury Instructions – the judge will read to the law to the jury. The jury takes an oath to follow this law.
6. Jury Deliberations – the jury will go back to a room and decide what the verdict will be as to each count on the information. The verdict can be guilty or not guilty as to each count on the information.
7. Verdict – The jury foreman will read the verdict aloud in open court.

 
In lieu of a jury trial you may decide to proceed to a bench trial where the judge alone will decide your guilt or innocence. However, the Commonwealth must be agreeable because it also has a right to a jury trial.

Sentencing: This is the phase where the judge hands down your punishment which can consist of jail, probation, community service and fines. The prosecution and defense may present evidence and call witnesses at sentencing. You may make a statement before the court imposes sentence but you are not required to do so. The judge will listen to both parties then render a decision. If you are being sentenced in accordance with a negotiated plea between the prosecution and defense, the judge will likely follow this agreement but does NOT have to.

Pennsylvania Maximum Sentences:

Pennsylvania Criminal Law Definitions:

ARD – stands for Accelerated Disposition Program. This program is designed to give offenders the opportunity to have the charges against them dismissed. In order to have the charges dismissed the offender typically must complete a period of probation, a number of hours of community service and pay court costs and fines. Admission into the program is discretionary with the District Attorney’s Office.

Assistant District Attorney – prosecutor that assists the District Attorney of the county.

Bail - some form of property posted or pledged to a court in exchange for freedom from incarceration on the understanding that the subject will return for his or her court date.

Bench trial – the judge renders the verdict in lieu of a jury, and is the finder of fact and law in the case.

Commonwealth – refers to the government or prosecution in a criminal case.

Discovery - this is a copy of all of the evidence that the Commonwealth has against the accused. It may include police reports, laboratory reports, photographs, witness statements, expert reports and any other evidence that has been obtained by the Commonwealth.

District Attorney – the elected official that is the head prosecutor and chief law enforcement official of the county.

District Court – this is the lower Court in Pennsylvania. A Magisterial District Judge presides in this Court. Magisterial District Judge’s are not required to be attorneys and many times are not. The Court has jurisdiction in hear summary offenses, arraign defendants, set bail and preside over preliminary hearings and civil cases up to $8000.

Information - a formal charging document filed with the Clerk of Courts which specifies the particular crimes the defendant is charged with and the dates on which they occurred.

Open Plea – where the defendant pleads guilty to the charges and lets the judge decide the sentence. There is no sentence agreed upon between the Commonwealth and the defense.

Plea Agreement - this is an agreement reached by the accused and the Commonwealth. A plea agreement can involve pleading guilty, or no contest, in return for a reduction in the charges and/or an agreed upon sentence.

Prima Facia Case - the Commonwealth must present evidence that a crime has been committed and that the accused is probably the perpetrator of that crime.

Probation - during a probationary period the individual is not incarcerated but is supervised by an officer from the Department of Probation.

Pre-Sentence Investigation Report - the Department of Probation prepares a report to aid the Court in sentencing. It will summarize the crime, the individual's prior criminal and personal background and a statement from the victim(s).

Summary Offense – a criminal offense with a maximum sentence of a $300 fine and 90 days incarceration. It is a less serious offense than a felony or misdemeanor.