FAQ

  • The criminal justice system has a set procedure which each case will follow. There are different tracks for felony and misdemeanor cases. Moreover, the case can plead-out at any time if an agreement is reached which the judge accepts.

    Felony Cases

    1. Arrest Warrant;

    2. Turn-in;

    3. Preliminary Arraignment: within 8-12 hours of turn-in you will go before a magistrate to determine bail and conditions of release.

    4. Preliminary Hearing: within 3-4 weeks after the preliminary arraignment.

    5. Arraignment: within 3-4 weeks of the preliminary hearing. This is where the official charging document (the "Information") is filed and the defendant enters a plea.

    6. Pretrial Conference: within 3-4 weeks of the formal arraignment. This is a hearing before a Court of Common Pleas Judge. It is to determine whether a) discovery is complete; b) if the case is going to be a negotiated resolution or a trial. There are usually 1-3 listings for a pretrial conference.

    7. Scheduling Conference: If the case is not resolved at the pretrial conference, it will be listed for a conference to schedule pretrial motions and a jury or bench trial date.

    8. Trial: A jury or bench trial. This will be scheduled subject to court and counsel availability.

    9. Sentencing: If the defendant is convicted of some or all of the charges, a sentencing hearing will be scheduled.

    10. Appeal: within 30 days after the sentencing, a notice of appeal must be filed.

    Misdemeanor Cases:

    1. Arrest warrant;

    2. Turn-in;

    3. Preliminary Arraignment;

    4. Trial.

  • The first step is determining whether you have an arrest warrant or a bench warrant.

    An arrest warrant means you are facing new charges. An attorney will be able to confirm whether it exists, arrange a turn-in, and ensure that the detectives do not attempt to get a statement without counsel present.

    A bench warrant is issued when a defendant has an active case but failed to appear in court. A turn-in needs to be arranged with the court and there will be a hearing to determine whether it was a "willful" failure to appear and then bail conditions will be set.

  • The first step after a defendant turns herself in is the preliminary arraignment. A preliminary arraignment is a hearing before a magistrate to determine whether a defendant should be incarcerated (and if so, under what conditions) or released pending the outcome of the criminal case.

    There are two questions the magistrate is seeking to answer:

    1) is the defendant a flight risk?

    2) is the defendant a danger to the community?

    The charges, the allegations, the defendant's criminal history, ties to the community, employment and family/friend support are considered in answering those questions.

  • A preliminary hearing is a hearing before a judge to determine:

    1) Is there probable cause that a crime was committed?

    2) Is there probable cause that the defendant committed this crime?

    The preliminary hearing is designed to ensure that a judge reviews the prosecutor's charging decisions.

    For example, the defendant is charged with aggravated assault. The evidence at the preliminary hearing establishes that the defendant punched the complainant one time and there were no serious or permanent injuries. The felony aggravated assault would be dismissed because there is no evidence that there was intent or actual serious bodily injury. The case would proceed as a misdemeanor simple assault only.

  • To be "arraigned" means to have your charges formally read to you. At the "Arraignment," the government files the charging document ("Information") outlining the specific charges, dates, and facts in support of the charges. The defendant will enter a plea of "not guilty" and the case will be scheduled for a pretrial conference. It is a quick hearing.

    The arraignment is a constitutional requirement informed by historical experience. Early colonists, most of whom were Puritans and Quakers, had ancestors who were hauled into courts and punished without being informed of their charges.

    Today, the idea of informing defendants of their charges is so deeply rooted into our justice system that the "Arraignment" appears to first-time participants as a technicality. They walk in, waive the reading of their charges, and then enter a plea of "not guilty." The case is then scheduled for a pretrial conference where the work begins.

  • A pretrial conference is the first hearing before a Court of Common Pleas Judge. It is scheduled within 3-4 weeks of the formal arraignment.

    The purpose of the hearing is to give counsel the opportunity to resolve discovery issues and determine whether the case will resolve via plea or if it needs to be scheduled for a trial.

    The idea is to manage the case load efficiently and give the parties a chance to resolve matters. The Commonwealth will theoretically give their "best offer" at the pretrial conference to encourage dispositions. However, that does not always play out in practice. Prosecutors usually need the urgency of a trial to really see the weaknesses in their cases.

  • A criminal case involves the government, typically a prosecutor, charging an individual or entity for breaking the criminal statutes. These cases are meant to punish and deter criminal behavior with consequences like imprisonment or fines.

    Civil cases, on the other hand, are disputes between two private parties and/or corporate entities. Usually, they involve claims related to contracts, personal injury, discrimination, wrongful termination, abuse, etc. While criminal law is focused on punishment, civil law is much more focused on compensation for damages.

    Understanding the differences between criminal and civil cases is vital for anyone who may find themselves in one.

  • Criminal defense attorneys take on misdemeanors such as DUIs, disorderly conduct charges, and theft. They also handle high-stakes felonies such as assault, robbery, and even murder cases.