What Do You Do If You Are On Trial For a Crime in Pennsylvania?

People who are arrested for or charged with a crime in Pennsylvania generally require expert legal counsel to navigate the Pennsylvania Judicial System laws and criminal procedures. Defendants have the right to an attorney and are usually advised to refrain from speaking to police without one. Depending on the case, persons who cannot afford to hire legal counsel may have one appointed by the court (Pa.R.Crim.P 122).

After an arrest, a preliminary arraignment is usually held. The defendant is informed of the charges against them and their rights. Bail may also be set at preliminary arraignments. The preliminary hearing is typically held after the arraignment. At the preliminary hearing, the defendant's plea is entered. Here, the judge determines whether there is enough evidence for the case to go to trial. Negotiations and plea agreements may also be made at the preliminary hearing. In Pennsylvania, preliminary arraignments and hearings are typically held in minor courts such as Magisterial District Courts. Defendants may choose to waive the right to a preliminary hearing.

What Percentage of Criminal Cases Go to Trial in Pennsylvania?

From January 1, 2018, through December 31, 2018, 247,955 cases were available for processing. Of these, 156,546 were new cases, and 171,690 cases were processed.

Of the processed cases, 66.4% were guilty plea cases, and 6.4% were dismissed or withdrawn statewide. Dismissed or withdrawn instances are those where the case against a defendant was withdrawn or charges were dismissed. It also includes cases where the prosecution chooses not to proceed with a case. 18.4% of processed cases were diversionary dispositions. These are cases where a defendant is admitted into an Accelerated Rehabilitative Disposition (A.R.D.), a pre-trial probationary program. Upon successful completion, the defendant may petition the court to have the charges filed against them dismissed.

When does a Criminal Defendant Have the Right to a Trial?

Under the Constitution of Pennsylvania (Pa. Const. Art. I, § 6), persons accused in any criminal proceeding have the right to a jury trial. However, cases with a maximum sentence of imprisonment of six months are exempted from the constitutional right to a jury trial. Also, juvenile offenders do not have the right to a jury trial.

Preliminary hearings are designed to protect the defendant from unlawful arrest or detention. After the preliminary hearing, a case may proceed to trial or be dismissed. If the court determines that there is enough evidence to go to trial, the right to a jury trial comes into play.

Juries are typically made up of up to 12 pre-selected persons. With the judge's approval, a defendant may agree to be tried by a jury of fewer than 12 people. However, the number of jurors cannot be less than six. (Pa.R.Crim.P.641)

What are the Stages of a Criminal Trial in Pennsylvania?

The stages in a criminal trial are:

• Jury selection and impaneling
• Opening statements
• Examination of evidence and witnesses
• Closing arguments
• Jury charge
• Jury deliberation and verdict
• Sentencing
• Post-trial motions

How Long Does it Take for a Case to Go to Trial in Pennsylvania?

The time it takes for a case to go to trial depends on several factors, such as the nature of the offense, the motions filed, motions for adjournment or continuance, and discovery. However, when the defendant enters a plea or a judge calls the case to trial, the Pennsylvania Criminal Code provides defendants the right to a prompt or speedy trial (Pa.R.Crim.P 600).

What Does it Mean to be Indicted in Pennsylvania?

According to Rule 556 of the Pennsylvania Rules of Criminal Procedure, an indictment is a formal charge after a grand jury finds probable cause to believe that a crime was committed and that the defendant is responsible. The court selects at least 12 citizens to serve on the grand jury. They help investigate a possible felony offence and return their opinion on whether the evidence indicates a crime might have been committed.

An indictment is returned if at least 12 grand jurors concur. Although an indictment is not a guilty charge, it is a necessary step before criminal charges are formally filed.

An indictment in Pennsylvania typically must contain:

• A concise written statement of the facts about the offence charged
• The name of the offender
• Specific statutes allegedly violated
• Signature of the attorney
• Signature of the grand jury foreperson

After the defendant has been indicted, they are typically arraigned before a judge within 72 hours. Also, they are provided a copy of the indictment. Subsequently, they may plead either guilty, not guilty, or no contest.

Does Indictment Mean Jail Time in Pennsylvania?

No. Indictments do not determine guilt. That responsibility lies with the court. Under Rule 556, probable cause is the standard required for the grand jury to charge an individual, while “beyond a reasonable doubt” is the standard for a conviction. This may only be done by a trial judge.

Once an individual is indicted, typically the prosecutor files charges. The indictment allows the defendant to know the charges they face so that they may prepare an adequate defence.

The conditions under which an individual may be detained pre-trial are:

• There is a high flight risk involved
• They are not granted bail
• They cannot afford the bail
• They committed a serious offence

Note: Plea bargains are permitted under the Pennsylvania Rules of Criminal Procedure (Rule 590). As such, defendants may agree to plead guilty or no contest in exchange for more lenient terms. The conditions and promises in the plea bargain depend on the case's severity, the evidence's weight, and the offender's criminal record. Before it is accepted, a plea typically must be made voluntarily, with an understanding of the consequences.

What Happens When a Court Case Goes to Trial in Pennsylvania?

When a case goes to trial in Pennsylvania, jury selection and impaneling are the first stages of the process. Every year, the jury selection committee prepares a master list of prospective jurors. A jury pool is selected from the master list, and a maximum of 12 jurors are chosen from this pool. The 12 jurors are selected after questioning by the prosecution and defense, and they are sworn to hear the cause (234Pa Code Rule 640).

After every juror is sworn in, the prosecution and defense typically present their cases with opening statements. After that, available evidence will be presented, and witnesses examined. The prosecution is expected to prove beyond a reasonable doubt that the defendant is guilty of the offense as charged. After the evidence, the prosecution and defense will make closing arguments to summarize their cases.

The trial judge then charges the jury and will retire to deliberate. The jury's verdict should be unanimous; if no agreement is reached, it will be declared a mistrial. If the jury reaches a unanimous verdict, it will be announced in open court, and the judge will deliver a sentence for the conviction.

Can You Be Put on Trial Twice for the Same Crime in Pennsylvania?

No, a person cannot be tried twice for the same offense in Pennsylvania. The Constitution of the United States (U.S. Const. amend.V) and the Pennsylvania Constitution (Pa. Const. Art. I, § 10) offer protection against double jeopardy.

However, a person may be tried for the same offense in different states because each state is considered sovereign with separate interests. When a person violates the laws of two separate sovereigns in the same act, it will be regarded as two distinct offenses. This is the Dual Sovereignty Doctrine. Under the Dual Sovereignty Doctrine, a person may be tried by the state and the federal government for the same offense.

How Do I Look Up a Criminal Court Case in Pennsylvania?

Records of criminal court cases may be copied or viewed in person at the Clerk's Office where the case is being or was heard. Requests may be made orally to the record custodian. However, requestors typically must provide specific descriptions of the required records to enable the record custodian to identify the record correctly. A written request may be necessary for voluminous or complex requests. Requestors will need to state the reason for their request and submit completed Request for Access forms.

Case records are public records except where otherwise provided by law or where limits to public access exist. The Case Records Public Access Policy guides the dissemination of criminal court case records.

How to Access Electronic Court Records in Pennsylvania

Interested persons may access Pennsylvania court records online through the Unified Judicial System of Pennsylvania (U.J.S.) web portal. The portal provides access to court records in the Appellate courts (Supreme Court, Superior Courts, and Commonwealth Court), Criminal Courts of Common Pleas, and Magisterial District Courts. Records may be searched by:

• Docket number
• Court name
• Participant name
• Organization
• State identification number
• Police incident/complaint number
• Offense tracking number
• Citation number
• Date filed
• Parcel

Some information is not accessible online. Under the Electronic Case Records Public Access Policy, information that may be excluded from the U.J.S. portal includes:

• Social security numbers
• Victim information
• Juror information
• Witness or informant information
• Financial account numbers
• Information is restricted from public access by law.

Pennsylvania criminal records may also be accessible through third-party websites. These sites generally offer the convenience of a statewide database where individuals may perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed.

How Do I Remove Public Court Records in Pennsylvania?

In Pennsylvania, public court records may be removed through expungement or sealing. Expungement is the complete and permanent removal of the record, while sealing makes it inaccessible to the public.

Under Pennsylvania's Clean Slate Act, some offenses are eligible for automatic sealing. Second and third-degree misdemeanors, ungraded misdemeanors, and crimes with a penalty of no more than five years imprisonment may be sealed after ten years. Provided that the offender has not been arrested for or charged with another offense (18 Pa.C.S.A §9122.1). Persons who want to restrict public access to their court records may file a motion at the court where they were convicted. Violent and sexual offenses are not eligible to be sealed. A filing fee of $132 is typically required.

According to 18 Pa. C.S.A. § 9122, court records may be expunged if:

• No disposition is received in the case
• The subject of the record is 70 years old and has not been charged with an offense in the ten years prior to filing.
• The subject of the record is dead
• The subject of the record was charged with a summary offense,
  • Five years have passed since the requirements of the sentence have been fulfilled.
  • The subject has not been arrested or charged with another crime in the last five years.