What to Expect at a Preliminary Arraignment in Pennsylvania

What to Expect at a Preliminary Arraignment in Pennsylvania

If you’ve been arrested in Pennsylvania, one of the first things that will happen is you’ll be taken for a preliminary arraignment. This is an initial court hearing where the judge will inform you of the charges against you, set bail, and schedule your next court date. Here’s an overview of what you can expect at a preliminary arraignment in PA:

Timing

The preliminary arraignment typically happens pretty quickly after an arrest, usually within 48 hours^[1]. The goal is to get you in front of a judge for an initial hearing ASAP. If you’re arrested on a Friday night for example, you’ll probably see the judge first thing Monday morning.

Location

Preliminary arraignments take place at the local magisterial district court or municipal court, depending on the county. So wherever you were taken after your arrest – that’s likely where the preliminary arraignment will happen too. Many times it’s right in the police station.

The Judge

The judge who conducts your preliminary arraignment is known as the “issuing authority.” This is usually a magisterial district judge, although in Philadelphia it may be a municipal court judge. Don’t expect to see the big time Common Pleas Court judge at this initial hearing.

What Happens

Here’s a quick rundown of what generally happens during the preliminary arraignment:

• You’ll be informed of the charges against you and provided with a copy of the criminal complaint.
• The judge will set bail – this determines if you’ll be released or detained pending your next court date.
• The judge will schedule your preliminary hearing, which must happen within 14 days if you’re in custody, or 21 days if you’ve been released on bail.
• You’ll be given written notice of the date/time/place for the preliminary hearing.
• If bail is set, you’ll have a chance to post it right away.

Purpose of Preliminary Arraignment

The main goals of the preliminary arraignment are to^[3]:

• Inform you of the charges and evidence against you
• Set bail
• Schedule the next court proceeding (preliminary hearing)

Charges and Evidence

During the preliminary arraignment, the judge will read the criminal complaint to inform you of the charges. The complaint will lay out the basic facts that support the charges. The judge isn’t supposed to question you about the case details at this stage – just read you the complaint
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So listen up when the judge reads the complaint so you know what you’re accused of and the evidence against you.

Bail

A major purpose of the preliminary arraignment is for the judge to set bail. This determines whether you’ll be released pending your next court hearing, or detained in jail.

For really serious charges like murder, bail can be denied altogether. But for most cases, the judge will set some amount of monetary bail or an unsecured bond. The amount and type of bail depends on factors like^[4]:

• Severity of the charges
• Your prior record
• Your ties to the community
• Whether you pose a danger

If you can pay the bail amount, or get help from family/friends, you can post bail and be released until your next hearing. The judge may also let you out on an unsecured bond, where you just promise to pay the set amount if you miss court. But if bail is set too high and you can’t pay, you’ll be taken to jail to await your preliminary hearing.

Preliminary Hearing

The judge will schedule your preliminary hearing during the arraignment. This must happen pretty quickly – within 14 days if you’re in custody, or 21 days if you’ve been released on bail^[1].

You’ll be given written notice about when and where the preliminary hearing will take place. This is an important next step, where the judge decides if there’s enough evidence to send the case to trial.

Posting Bail

If bail is set during your preliminary arraignment, you’ll have a chance to post it right away to get released from custody. The court must give you a reasonable opportunity to pay bail, contact a lawyer, and notify loved ones about the arrest^[1].

There are a few ways you or family/friends can post bail:

• Pay the full bail amount in cash
• Use a bail bondsman – you pay them a fee, they post the full amount
• Use property as collateral for the bail amount

The court clerk will explain the bail payment options. If you can’t post bail right away, you’ll be taken to the county jail until you can pay or someone pays for you.

Getting an Attorney

Having a criminal defense lawyer represent you at the preliminary arraignment can be extremely helpful. An attorney can argue for lower or no bail, get flaws in the case dismissed early, and protect your rights.

The court must allow you to call a lawyer before the hearing. So if possible, have family/friends contact an attorney on your behalf ASAP. The lawyer may even be able to appear with you at the arraignment. If you don’t have an attorney yet, definitely ask the judge to postpone the hearing so you can get representation. Having a lawyer right out of the gate can make a huge difference.

Arraignment via Video Conference

It’s become pretty common for preliminary arraignments to happen via video conference rather than having you physically go before the judge^[1]. So there’s a good chance you’ll appear on video from the police station or jail, while the judge is at the courthouse. If this happens, you still have the same rights to hear the charges, have bail set, and ask for a lawyer.

After the Preliminary Arraignment

Once your preliminary arraignment is over, here’s what you can expect next:

• If bail is posted, you’ll be released until your preliminary hearing date.
• If you can’t post bail, you’ll be detained in jail until the hearing.
• Your defense attorney will start investigating the case and may negotiate with the DA.
• You’ll appear for the preliminary hearing within 14-21 days.
• The case may be dismissed at the preliminary hearing if there’s not enough evidence.
• If the case continues, you’ll head to formal arraignment and pre-trial proceedings.

The preliminary arraignment kicks off the criminal justice process in PA. Understanding how it works and being prepared with an attorney can help you get the best outcome right from the start.

References

^[1] 234 Pa. Code Rule 540. Preliminary Arraignment. – Pennsylvania Bulletin
^[2] Preliminary Arraignment – PA Crime Victims
^[3] Unjust Incarceration: Problems Facing Pennsylvania’s Preliminary Hearing and How to Reform It
^[4] Preliminary Arraignment in PA | Pennsylvania – Bellwoar Kelly, LLP