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Criminal Court Procedure in Pennsylvania

What to expect

1. Preliminary Hearing:

The first hearing is an evidentiary hearing before the local District Justice where the crime was alleged to have been committed.

It is a very important stage in the process and should not be attended without an attorney.

At this hearing, the prosecution must demonstrate to the District Justice that there is enough evidence to bind the charges over to the Court of Common Pleas. The District Justice does not determine guilt or innocence, nor does he or she impose the punishment for the offense; the judge simply determines if there is enough evidence in the case.

This hearing usually occurs within 30 to 45 days after the charges are filed and can usually be postponed to allow for investigation and/or extra time for our payment plan.

2. Arraignment:

Approximately 30 to 60 days after your preliminary hearing is the formal arraignment which occurs in the Court of Common Pleas.

This hearing is a procedural hearing in which “not guilty” pleas are entered and you are served with the formal charges against you as well as your trial date.

In Bucks and Montgomery Counties

Your attorney can “waive” your appearance at this hearing which excuses you from attending this formality.

In Lehigh and Philadelphia Counties

You must appear at this hearing with your attorney to formally enter your “not guilty” plea. After the arraignment, we are permitted to file Motions for Discovery in which the District Attorney must provide to us all of the police reports, witness statements and other evidence in your case.

At this point, you are permitted to file a Motion to Suppress in which the prosecution must prove the police acted constitutionally. If the Judge decides after a hearing that the police acted improperly, then all of the evidence in your case is suppressed (thrown out) and the charges against you are dropped.

3. Pre-trial Conference:

In Montgomery and Lehigh counties:

A pretrial conference is the 3rd hearing scheduled, usually within 45 – 60 days after the formal Arraignment.

Also known as a status hearing, the judge “conferences” the case with the Defense Attorney and the Prosecutor in an attempt to resolve any outstanding issues. If a plea bargain is offered, it usually occurs at this hearing.

4. Trial:

In Bucks County, the trial date occurs approximately 30 days after the formal Arraignment.

In Montgomery and Lehigh counties, it occurs approximately 45 days after the Pre-Trial Conference, if necessary. On this hearing date, the case usually is resolved with a first-time offender’s program, if eligible, a guilty plea, or a trial by a judge or by a jury.

A majority of individuals are sentenced on this date, if found guilty. At sentencing, defendants are permitted to introduce evidence (character witnesses, AA sponsors, medical records) to assist the judge in deciding punishment.

Our Office Locations
Pennsylvania
Bensalem, PA
3554 Hulmeville Ave., Suite 102
Bensalem PA 19020
215-639-5297
Philadelphia, PA
7909 Bustletown Ave., 1st Floor
Philadelphia, PA 19152
215-607-7478
Bala Cynwyd, PA
2 Bala Plaza, Suite 300
Bala Cynwyd, PA 19004
610-557-3209
Easton, PA
101 Larry Holmes Dr. #212
Easton, PA 18042
215-515-7077
Quakertown, PA
328 Broad St.
Quakertown, PA 18951
215-515-6876
Allentown, PA
137 N 5th St. Suite A
Allentown, PA 18102
215-240-4082
Jenkintown, PA
135 Old York Road
Jenkintown, PA 19046
215-544-3347
Plymouth Meeting, PA
600 W. Germantown Pike #400
Plymouth Meeting, PA 19462
215-515-6876
Harrisburg, PA
2225 Sycamore St.
Harrisburg, PA 17111
717-864-8887
New Jersey
Cinnaminson, NJ
909 Route 130 South #202
Cinnaminson, NJ 08077
609-796-4344
Piscataway, NJ
200 Centennial Ave., Suite 200
Piscataway, NJ 08854
908-367-7256
Hamilton TWP., NJ
3525 Quakerbridge Rd. #903
Hamilton Township, NJ 08619
609-236-8649
Marlton, NJ
10000 Lincoln Drive E, Suite 201
Marlton, NJ 08053
856-213-2805