Questions to Ask About the Philadelphia Legal Process

Navigating the Philadelphia Legal System: Questions to Ask

Dealing with legal issues can be confusing and overwhelming, especially if you’re new to the Philadelphia court system. This article aims to walk you through some common questions people have when going through the legal process in Philly. We’ll cover topics like what to expect at court, legal aid resources, expunging your record, and more. Our goal is to help you understand your rights and options when facing civil or criminal charges here in the City of Brotherly Love.

What Should I Expect at My First Court Date?

Your first court date, called an arraignment in a criminal case or a listing in a civil case, is mainly about setting the schedule for future hearings. You’ll go before the judge briefly while they advise you of the charges or complaint against you. The judge will also ensure you have legal representation or understand the process to get a public defender. Not much else happens at this initial appearance, it’s simply about getting the ball rolling.

Some tips for your first day in court:

• Arrive early to get through security screening
• Dress respectfully – no shorts, ripped jeans, hats, etc
• Bring any paperwork related to your case
• Have your attorney’s contact information handy
• Be prepared to stay a few hours, but likely won’t see the judge long
• No food or drink allowed in the courtroom
• Turn your cell phone off completely

The court will notify you of the next date you need to appear once the initial hearing is done. Write this down and be sure to mark your calendar.

How Do I Get a Public Defender?

If you cannot afford a private attorney, you may qualify for a court-appointed lawyer called a public defender. The requirements vary by county, but generally you must show proof of financial hardship through tax returns, pay stubs, or benefit statements. Public defenders are experienced attorneys who handle many cases each year.

To get a public defender in Philadelphia:

• Fill out an application at the Defender Association office at 1441 Sansom St.
• Bring income documentation and ID when applying
• You may qualify if earning under 250% of federal poverty level
• A public defender will be assigned before your next court date if approved

Some people mistakenly think public defenders are not “real” lawyers. This is absolutely not true – they are highly qualified and dedicate their career to defending the rights of the accused.

What Legal Aid Resources Are Available?

If you need legal help but don’t qualify for a public defender, there are other free or low-cost resources in Philadelphia:

• Philadelphia Legal Assistance – helps with civil cases like custody, housing, benefits
• Community Legal Services – assists with employment, housing, record expungement
• Bar Association Referral Service – matches with a lawyer providing 30 minute consultation for $35
• Municipal Court Help Center – can explain the civil litigation process and forms

These organizations hold regular intake hours to assess your situation and eligibility for their services. Be sure to call ahead before visiting their office.

How Do I Expunge My Criminal Record?

If you have old minor convictions in Philadelphia, you may be able to have your record expunged or sealed. This involves filing a petition with the court to essentially hide your record from public view.

To see if you qualify to expunge a record in Philly:

• Make sure it has been at least 5 years since the conviction
• No felony charges
• No more than two misdemeanor convictions
• All fines and probation complete

The process involves getting fingerprinted, a background check, filing the right forms, and potentially a court hearing. Legal aid groups like Community Legal Services can guide you through the record expungement process for free.

What Should I Bring to Court?

Any time you have a court date in Philadelphia, you’ll want to bring:

• Photo ID
• Paperwork related to your case
• Contact information for your lawyer
• A copy of important documents like protection orders
• Cash for parking fees or tickets
• Quarters for water or vending if needed
• Medications, tissues, sanitizer, etc.

Also be sure to dress respectfully for court. That means no ripped clothing, offensive words/images, shorts, tank tops, hats, or flip flops. Turn your phone completely off when in the courtroom.

How Long Will I Be at the Courthouse?

It varies a lot based on your specific case, but in general plan to block off at least half a day for a court appearance. Even if your hearing is quick, there tends to be a lot of waiting around beforehand. Give yourself time to get through security screening, find parking, meet with your lawyer, and potentially sit through other cases.

Some tips to make it go faster:

• Arrive early to get through security lines
• Bring a book, headphones or other quiet activities
• Pack a small snack and water
• Be patient – courts are busy places
• Use the time to discuss case strategy with your lawyer

While every case is different, most hearings themselves last less than an hour unless it is a full trial. But build in plenty of buffer time when going to court in Philadelphia.

What If I Miss My Court Date?

Never, ever miss a scheduled court date unless you have been excused by the judge. If you fail to appear, here’s what happens:

• The judge may issue a bench warrant for your arrest
• You may be charged with contempt of court
• Future hearings may proceed without your input
• It shows disrespect for the judge and legal process

If you have an emergency, call your lawyer immediately to seek a continuance. Explain why you cannot attend and follow their advice. Do not just skip court – there will be consequences.

Who Are the Key Players in My Case?

Some people you’ll encounter in Philadelphia courts:

• Judge – Makes all rulings, sets schedules, determines penalties
• Court clerk – Assists judge, handles paperwork
• Court reporter – Records everything said in courtroom
• Bailiff – Maintains order, security in court
• Attorneys – Represent each party’s interests
• Plaintiff/Defendant – The parties involved in the case

It helps to have a basic understanding of everyone’s role when you’re attending hearings and trials. Be respectful toward all court staff, and follow all instructions given.

How Do I Report a Crime?

To report a crime that is in progress now, always call 911 immediately. For other non-emergency crimes, call the local police district office:

• 14th District – (215) 686-3140
• 15th District – (215) 685-1514
• 16th District – (215) 686-3160
• 17th District – (215) 686-3170
• 18th District – (215) 686-3180
• 19th District – (215) 686-3190
• 22nd District – (215) 686-3220
• 24th District – (215) 686-3240
• 25th District – (215) 686-3250
• 26th District – (215) 686-3260

Be prepared to provide as many details as possible – location, people involved, what happened, your contact information, etc. The police will investigate and determine any further steps.

How Do I File a Restraining Order?

If you are being harassed, threatened, or abused by someone, you may be able to get a Protection From Abuse (PFA) order in Philadelphia. This is a civil process that results in a court order prohibiting contact from the abuser.

To file for a PFA:

• Fill out forms at the Family Court Clerk’s office
• A judge reviews and may request a hearing
• If approved, order lasts up to 3 years
• Violating the order is a criminal offense

Be specific when filling out the PFA forms about the history of abuse. Include dates, witnesses, documentation, and why you feel unsafe. There are advocates on hand at the courthouse if you need assistance filing.

What If I’m Called for Jury Duty?

If you are summoned for jury duty in Philadelphia, you are required by law to appear. However, you may be able to postpone your service if the timing does not work.

To postpone jury duty in Philly:

• Call (215) 686-6779 or visit www.courts.phila.gov/jurors
• Explain your hardship – can only do once per year
• Provide contact information to re-schedule
• Get confirmation number

If you miss jury duty without postponing, you could be held in contempt and face fines or arrest. Try to work out an alternative date whenever possible.

How Do I Appeal a Court Decision?

If you lose a civil or criminal case in Philadelphia’s Court of Common Pleas, you may be able to appeal to a higher court. This involves filing legal documents explaining the grounds for your appeal.

To appeal a decision in Philly:

• File Notice of Appeal within 30 days
• Get complete trial transcripts
• Submit legal brief outlining case errors
• Appeals court reviews briefs, record
• May uphold lower ruling or send back for retrial

You should hire an appellate attorney to handle the appeals process for you. Very specific rules and deadlines apply, so legal expertise is crucial.

Where Else Can I Get Legal Advice?

If you still have unanswered questions about the Philadelphia courts, here are a few more places to contact:

• • First Judicial District of PA – General court information
  • Philadelphia Bar Association – Lawyer referrals and resources