PENNSYLVANIA’S CRIMINAL PROCEDURE
Being charged with a crime can not only be scary, but confusing. The procedure followed by most counties in Pennsylvania is very similar and the goal of this article is to informally state each step of the court process to better help you understand what to expect.
Preliminary Hearing
After someone is charged with a crime (either by being physically arrested or being sent a criminal complaint in the mail) the first step is the preliminary hearing. This hearing is used to determine if the Commonwealth has a prima facie against you. That basically means that a crime was committed and that you are “probably” the perpetrator. Please visit http://www.romingerlaw.com/news/what-is-a-preliminary-hearing/ for much more detail on what a preliminary hearing is.
Arraignment
Next, if the preliminary hearing was waived or if after a hearing the District Justice held the charges for court, your next appearance is called an arraignment. This matter is held at the Court of Common Pleas in the county you are charged. If you have a private attorney, depending on the county, this will be a very informal process without the presence of a Judge. You will be provided with a copy of the information (the charges against you) and you will then be advised of your rights and your next date in court. Some counties require you to plead guilty or not-guilty at this time, but most counties do not make you do this. While this court appearance is an informal one, it is very important. This date marks your first appearance in the Court of Common Pleas and sets in motion many important deadlines such as when you will need to file suppression motions, discovery motions, requests for a bill of particulars, and other pleadings.
Call of the List and/or Pretrial Conference
Your next day in court will most likely be a pretrial conference. However, some counties, such as Franklin, have a court date known as Call of the List before a Pretrial Conference.
The Call of the List date, in a county like Franklin, is a time for you and your attorney to alert the Judge as to the status of your case. At this time you can either request a continuance, enter into a plea negotiation or list the case for trial. If you list the case for trial you will then be required to attend a pretrial conference on a later date.
The Pretrial Conference is similar to a Call of the List but often requires much more communication with the Judge if you are listing the case for trial. At this time you can either request a continuance or enter a plea negotiation or list the case for trial. If you are listing the case for trial you will often be supplied with a date for jury selection or your trial (if they are not on the same day). Further, the Judge may inquire as if there are any outstanding issues in the case. Lastly, the Judge may set deadlines to determine certain issues prior to trial. This may include, but is not limited to deadlines for jury selection questions, jury instructions, and motions in limine.
Trial
If you have not entered a plea negotiation your case will proceed to a trial before a judge or a jury. If you have your trial before a jury the first step will be choosing a jury. This includes reviewing a questionnaire filled out by each potential juror and listening to their answers to questions by each attorney and/or the Judge. Once this process is finished you and your attorney will silently strike (remove) potential jurors by alternating with the District Attorney until you are left with fourteen jurors (twelve and two alternates).
After jury selection is complete the normal process includes the District Attorney and your attorney making opening statements to the jury. The District Attorney has the burden to prove you committed the crimes charged beyond a reasonable doubt therefore they open first and they present their witnesses first. Your attorney will have a chance to cross-examine all of the Commonwealth’s witnesses.
Next, if you and your attorney choose, you can present evidence and witnesses at the close of the Commonwealth’s case. Then your attorney will make closing arguments and the District Attorney will do the same.
Sentencing
If you had your case dismissed or the jury returned a favorable verdict of not-guilty then this step does not matter. However, if you plead guilty or were found guilty you will then proceed to sentencing.
Sentencing normally happens anywhere from two weeks to ninety days from the time you enter your plea or you are found guilty. At this time the Judge will sentence you in his discretion. He will hear arguments from the District Attorney and your Lawyer and ask to hear from you (you may choose to speak or remain silent) before he sentences you. Sentences in Pennsylvania can include, but are not limited to, house arrest, probation, county incarceration or state incarceration.
- Vincent Monfredo
If you have any questions about this article or if you are charged with a crime, please do not hesitate to contact Vincent Monfredo, Esquire at 717-241-6070 or monfredo@romingerlaw.com
