- Offense occurs. The police usually charge the person they think committed the crime, although sometimes they are just notified and begin investigating. For example, in cases of DUI or underage drinking, the police will often charge somebody immediately. However, with crimes such as murder or fraud, notification is typically all that happens at first.
- Booking. In the United States, an arrest occurs when a person is taken into police custody. The defendant’s personal information, as well as fingerprinting and photographs, will be recorded. At the time of booking in Pennsylvania, you are given a medical examination. Meanwhile, while the officer and prosecutor compile a complaint, they will begin preparing it.
- Police or private citizen file a complaint.The police file a complaint with the magistrate following an investigation. This includes the defendant’s name, as well as the crimes charged, and a quick summary of what those charges are based on. A citizen can also make a complaint, however this must be authorized by an assistant district attorney.
- Summons or arrest warrant is issued. The magistrate will issue a summons or an arrest warrant depending on the severity of the offense after processing the complaint. A summons, which provides notice of the pending preliminary hearing before a magistrate, is considered to be less severe than an arrest warrant.
- Bond and release. The court must set bail within 12 hours of receiving the complaint. Some defendants are released on their own recognizance without bail in some cases. If a defendant is released and fails to appear at his or her hearing, an arrest warrant will be issued.
- Preliminary arraignment. In the event that an arrest warrant has been issued, or if a person was arrested without a warrant (for example, in a DUI when the police officer stopped the driver), he or she must appear before a magistrate for a preliminary arraignment. This usually happens within 72 hours of arrest. The defendant is officially informed of the complaint and given a copy of it at this stage. At this time, he or she is informed of his or her legal rights, as well as when and where to attend court.
- Preliminary hearing. A preliminary hearing is conducted roughly ten days after the preliminary arraignment, during which a defendant appears before the magistrate. The State must show that a felony has been committed and that the person accused of committing it is in fact the defendant. This is known as a prima facie case. An assistant district attorney or police officer frequently represents the Commonwealth in these situations, although it can also be a defense lawyer. If a prima facie case is presented, the situation goes on for formal charges. If not, the case should be halted immediately.
- Information is filed.The magistrate sends a notice to the county clerk of courts and the district attorney if the case advances to formal charges. The office of the district attorney files “information,” which is a more detailed charging document that describes the defendant’s allegations. At this time, the district attorney has discretion not to pursue formal charges by declining to file information or changing or deleting allegations.
- Formal arraignment. Though the formal arraignment sounds more complex than the preliminary arraignment, it typically is not. At this time the defendant receives a copy of the information (formal charges) and is advised of his or her rights. One example is the right to file a pretrial pleading. Generally neither the district attorney nor the judge presiding over the court of common pleas is present at the formal arraignment. After the formal arraignment, any and all pretrial motions should be filed. An experienced defense attorney can request items for discovery, motions for continuance, severance, suppression, and so on depending on the unique circumstances of the defendant’s case. In term, the district attorney’s office will respond to the defendant’s pretrial pleadings provided that they are sent within thirty (30) days of the formal arraignment.
- Pretrial conference. At the pretrial conference, the defendant, the defendant’s lawyer, and an assistant district attorney appear before the judge. The future of the case (whether it will be tried or pleaded down) will be decided at this meeting. The defendant has a choice to make between taking a plea bargain or going to trial. The following are the possible choices:
- – Negotiated plea (plea bargain)
- – Open plea
- – Nolo contendere plea (no contest – the defendant neither admits nor denies the charges)
- – Not guilty
- Trial. In Pennsylvania, a defendant has the right to decide what kind of trial he or she will have – a trial before a judge or a trial by jury. Many criminal defendants decide to request a jury trial. Most trials are done within 180 days (or roughly six months). The Commonwealth must bring your case to trial within a certain period of time. For example, non-homicide felony cases must be ready to try within six months of filing the complaint, while misdemeanors must be ready to try within 90 days of filing the complaint. At the trial, the Commonwealth bears the burden of establishing the defendant committed the crime for which he or she is accused beyond a reasonable doubt. If the defendant is found guilty, sentencing could occur immediately or be deferred. If the defendant is found not guilty, he or she will be discharged.
- Sentencing. Pennsylvania has mandatory minimum sentences for certain crimes along with sentencing guidelines and gravity scores, which makes this a more confusing part of the criminal process for defendants. Sentences are typically at a judge’s discretion and will consider information in the pre-sentence report. A judge might also factor in the defendant’s prior criminal record and factors of the crime to decide on a minimum jail or prison sentence. The judge may also incorporate other penalties in the sentencing such as fines, probation, community service, and so on. At this time, the judge may also require the defendant to make financial restitution to any victims who have suffered because of the offense.
- How do criminal appeals work? How is someone eligible for appeals If you have been convicted of a crime, you have the right to appeal the decision. Appeals are heard by a higher court, which will review your trial and could overturn the original decision. Some possible errors that could be reviewed include:
- Ineffective defense from your previous attorney
- Prosecutors’ mishandling
- Judicial errors
- Appeals are a difficult and time-consuming procedure that should only be handled by an experienced criminal appeals attorney. He or she may immediately get involved after your verdict to ask the court to reconsider your case before sentencing, which might make a huge difference in your future.
- What is post-conviction relief? In some cases, defendants can have their convictions reviewed. This stands under the Post Conviction Relief Act. This begins in the court of common pleas where the trial happens, and review goes to the Superior Court. Defendants can, in some instances, also request a federal review of their Pennsylvania convictions. To do this, a defendant would have to file a writ of habeas corpus in the necessary federal district court. (If you’re looking to have a formal review of your conviction or possibly move this up for federal review, an experienced defense attorney who has handled state and federal criminal cases can be extremely helpful. Not all attorneys have this experience.)
- Can a criminal record be expunged? Can I be pardoned? As you know, a criminal charge on your record can make a big – and negative – impact on your life. It could hurt your chance to get a job, maintain current employment, keep or obtain a security clearance, or cause significant increases in insurance premiums.
- In Pennsylvania, criminal charges can be expunged under certain circumstances under 18 Pa.C.S. § 9122. These are not, however, automatic – you must petition the court for expungement. Pardons are slightly different in that you have to apply for a pardon for a specific offense. If it’s granted, it will restore some of your lost rights and privileges after conviction. If the pardon is granted, you can then start the process for record expungement.
- A criminal charge can be expunged for the following types of records:
- Not-guilty verdicts in criminal cases
- Dismissal of criminal charges
- Withdrawal of criminal charges
- Participation in Accelerated Rehabilitative Disposition (ARD)
- Probation without verdict
- Convictions for summary offenses provided that the defendant has been free of arrest or prosecution for five (5) years following the conviction for the summary offense
- Juvenile convictions and records after certain lengths of time have passed under 18 Pa.C.S. § 9123
- Criminal convictions where the defendant is 70 years old (or older) and has been free of arrest or prosecution for 10 years following the conviction or release for the criminal conviction
- Defendant has been deceased for three (3) or more years
- Underage drinking convictions where the defendant is now 21 years old or older
- To obtain a pardon, you must first submit an application to the pardon board. They will examine the case, the circumstances of the crime, and conduct an interview in order to assess whether a pardon is appropriate. They could inquire as to why you are requesting a pardon, if you have broken your sentence conditions, and what you plan to do with your life going forward.
- What are Pennsylvania’s sentencing guidelines?
- You’ve probably heard about Pennsylvania’s sentencing guidelines. They’re used to determine the sentence for criminal actions, and judges consider them while determining a sentence. The sentencing criteria incorporate offense gravity ratings, which represent the crime’s severity. Judges have considerable leeway when it comes to sentencing, and they occasionally depart from the recommended guidelines. The nature of your prior convictions also has an impact on your sentence.
- Judges cannot deviate from sentencing guidelines where the offense has a mandatory minimum sentencing and you are required to serve jail time as specified by the guidelines. Judges also cannot sentence you for more jail time than is specified by law.
- What is a gravity score? OGS, or offense gravity scores, are part of Pennsylvania’s systems that help determine how harsh a sentence should be for a person if they’re found guilty. This score is given as a number–the more serious the crime, the higher the OGS will be. The judge presiding over your case will use this information alongside other factors to decide what punishment you receive. If you have committed less severe crimes and don’t have many prior convictions on your record, it’s likely that your sentence could be lighter than someone who doesn’t share these circumstances.
- If you’re convicted of an offense that has a mandatory minimum sentence or comes with maximum penalties, the judge cannot deviate from the sentencing guidelines.
- How are parole violations handled? You are entitled to a parole violation hearing if you have been arrested for supposedly breaching your parole terms. It is highly recommended that you have a defense attorney represent you at this hearing because the Commonwealth does not need to provide concrete evidence that you violated parole- they only need to show that it is probable that one of your breached conditions (preponderance of evidence). Oftentimes, having somebody speak on your behalf can result in milder penalties.
- According to Pennsylvania Code Section 6138, individuals who violate terms of parole or commit new offenses while on parole may be required to serve the maximum sentence for their original offense. Technical parole violators may incur penalties such as treatment programs, commitment to prison, or reduced freedom, all depending on the severity of their violation. Convicted parole violators are typically returned to prison and required finish serving time remaining from their sentence; this also means that time spent on prior will not reduce the duration of their sentence.
If you have been arrested for a crime, it is important to have an experienced criminal defense attorney on your side. James H. Bonner has over 20 years of experience in the legal field and knows how to get the best results for his clients. Contact us today for a free consultation. We will review your case and help you determine the best course of action.