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The Criminal Trial Process in Pennsylvania
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The Criminal Trial Process in Pennsylvania
Being charged with a crime in Pennsylvania can be a scary, confusing experience. This article aims to explain the basic steps in the criminal trial process in PA, so you can understand what to expect if you or a loved one is facing criminal charges.
Arrest and Charges
The first step is usually when someone gets arrested by the police. The police only need “probable cause” to make an arrest, which is a pretty low bar – it just means they have some evidence that makes them think you may have committed a crime. After arresting you, the police will file a criminal complaint against you in the local Magisterial District Court. This complaint has the charges against you.
After that, a few things can happen:
- The judge can issue a summons for you to appear in court
- The judge can issue an arrest warrant, if the crime is more serious
- You get released, but have to promise to appear in court (like on bail)
If you get arrested, you’ll have a preliminary arraignment pretty quickly, usually within 48 hours. This is where the judge reads you the charges against you and sets bail. You’ll find out if you can pay money to get out of jail while your case moves forward.
Preliminary Hearing
Within 10 days after your preliminary arraignment, you’ll have a preliminary hearing. This hearing is where the judge decides if there’s enough evidence for your felony case to move forward to the Court of Common Pleas for trial. At the preliminary hearing, the prosecutor just has to show there’s “probable cause” you committed the crime. Your lawyer can cross-examine witnesses and argue there’s not enough evidence. If the judge agrees with your lawyer, the charges get dismissed. But most of the time, the case will keep moving forward after this step.
Formal Arraignment
If your case wasn’t dismissed at the preliminary hearing, the District Attorney’s office will file formal charges against you in an “information” document. After that, you have a formal arraignment in the Court of Common Pleas. This is where you officially hear all the charges against you. You enter a plea – usually “not guilty” at this point. The judge also tells you important deadlines, like when you can file motions.
Pretrial Conference
The next big step is the pretrial conference. This is where your lawyer sits down with the prosecutor and tries to work out a plea deal for you. Lots of criminal cases, probably more than 90%, end in plea deals. The prosecutor might agree to drop some charges against you, or let you plead guilty to a less serious charge, if you agree not to go to trial.
If you don’t work out a deal, then your case has to go to trial.
Criminal Trial
There are two kinds of criminal trials in Pennsylvania – a bench trial where only a judge decides your guilt, or a jury trial where 12 random citizens from the community are the “jury.” The trial starts with the prosecutor giving an opening statement, laying out the case against you. Then they call witnesses and present evidence to try to prove you guilty “beyond a reasonable doubt.” Your lawyer can cross-examine their witnesses and object to evidence. Then it’s your lawyer’s turn – they can give an opening statement, and call witnesses or present evidence to show your innocence. You have the right to testify yourself, but also the right not to testify.
After both sides present their case, the judge or jury deliberates and decides if you are guilty or not guilty. If you’re found guilty, the judge will schedule a sentencing date. If you’re found not guilty, you walk free.
Sentencing
If you plead guilty or are found guilty at trial, your case moves to the sentencing phase. At the sentencing hearing, the judge considers things like:
- Your criminal history
- Any mandatory minimum sentences for the crime
- Sentencing guidelines under PA law
- Aggravating or mitigating circumstances
Based on all that, the judge gives you your sentence – probation, fines, jail or prison time, etc. Pennsylvania abolished parole for state crimes in the 1990s, so the sentence the judge gives you is what you have to serve.
Appeal
After sentencing, you have 30 days to file an appeal if you think the judge made mistakes in how they handled your case or trial. The appeals courts can uphold your conviction, reverse it and order a new trial, or even throw out the charges completely. But appeals are complicated, so you need an experienced criminal appeals lawyer to have any chance. Most criminal cases end in plea bargains long before trial. But if you do go to trial and get convicted, be sure to talk to your lawyer about filing an appeal before the 30 day deadline passes!
Get a Lawyer!
The most important advice is to get a criminal defense lawyer as soon as you possibly can after being arrested. An experienced attorney can argue to get charges dropped or reduced, negotiate plea bargains, and defend you at trial. Going through the criminal justice system alone is scary; protect yourself by hiring a lawyer right away.
Good luck, and I hope this overview helps you understand how the criminal trial process works in Pennsylvania! Let me know if you have any other questions.
References
Here are some resources I used to research this article: