The Criminal Process

The Process Explained

1. Arrest

 

 

An arrest is made when the police take the defendant into custody/jail.

 

 

 

 

Probable Cause for Arrest:

 

    • A law enforcement officer may arrest only where probable cause to believe one has committed a crime exists. However, arrests can be made with or without a warrant.

 

    • The police may only arrest, take physical custody of a person, if they have probable cause to believe the person committed an arrestable offense.

 

 

 

 

 

NOTE: "Probable Cause" is a very technical issue and should only be argued by a licensed attorney. The defendant should always consider remaining silent until speaking with an attorney.

 

 

 

 

Booking:

 

    • Police Station Booking - A suspect's file is opened with that agency (i.e. fingerprints, booking photos, and pertinent information such as date of birth, height, weight, etc…)

 

 

 

 

NOTE: At this point in the criminal process three separate actions can be taken by the arresting agency, which are as follows:

 

 

 

    1. (1st) No charges are filed and the defendant is released from custody

 

    1. (2nd) Charges are filed. Bail is posted by the defendant, and he/she is released. Alternatively no bail is set and the defendant is released on his/her Own Recognizance ("O.R.")

 

    1. (3rd) The defendant remains in custody and is transported to court on the scheduled arraignment date.

 

 

2. Initial Filing of Charges

 

 

Prosecution will file a Complaint and Affidavit of Probable Cause if there is enough supporting evidence.

 

 

 

NOTE: Pending that the arresting agency has sufficient evidence, a report will be submitted for review by the appropriate prosecuting agency. Upon approval by the prosecutor, a complaint is filed with the residing court.

3. Preliminary Arraignment

 

 

The defendant must appear in court before a Magistrate or Judge within a reasonable period of time to be informed of the following:

    1. (1st) The defendant must be informed of the violations he/she is charged with

 

    1. (2nd) The defendant must be informed of their constitutional rights

 

    1. (3rd) The bail and bail amount is determined.

 

 

 

 

 

NOTE: If you plan on using a bail bondsman, it can be expected that 10% of the set bail amount be paid to the bail bonds agency, and is non-refundable. If the bail amount is large enough collateral will be required as well. An alternative option is to post bail with your own money, which is refundable at the conclusion of the prosecution. However, if any appearances are missed the bail is usually forfeited and a warrant is issued.

4. Preliminary Hearing

The preliminary hearing determines whether probable cause exists for bringing the defendant to trial. This hearing consists of witness testimony and presentation of evidence. The defendant has the opportunity to challenge the evidence presented by the prosecution through cross examination of the prosecution's witnesses, and through the calling of their own witnesses and presentation of evidence.

5. Formal Filing of Charges

 

 

The prosecutor prepares and submits the final charging document or "information" with the allegations of the crime to the residing court.

 

 

 

NOTE: The prosecutor's office usually will file the "Information" with the court in a state court proceeding.

6. Formal Arraignment

 

 

The Defendant pleads guilty, no contest (no lo contendere), or not guilty to the Information or Indictment.

 

 

 

NOTE: This arraignment usually occurs in the court where any trial will be held.

7. Pre-Trial

 

 

 

Speedy Trial:

 

    • Sixth Amendment right to a speedy trial applies to State prosecutions by the 14th Amendment's Due Process Clause.

 

    • Exception - "Good Cause Continuances."

 

 

 

 

 

 

Pre-Trial Motions:

 

    • Motion to Suppress

 

    • Motion to Dismiss, etc…

 

 

 

 

 

NOTE: "Good Cause Continuances" are given when and if the attorney of record can provide rational explanation justifying the need to set aside the matter to another date (i.e. Further time is needed by the defense to prepare for pre-trial, etc…). The motions that are submitted to the judge at this point are case specific and are very technical and should only be submitted by a licensed attorney.

8. Pre-Trial Discovery

 

    • Prosecution's Duty to Disclose - Includes documents, tangible objects, and lists of witnesses the prosecution intends to call at trial.

 

    • Defendants Duty to Disclose - Includes advance notice of Alibi and Insanity defense.

 

 

9. Trial

 

Jury Trial:

 

    • The constitution gives the defendant the right to a jury trial if charged with a felony or a misdemeanor.

 

 

Confrontation Clause (Right to Cross-examine):

 

    • The defendant has the right to be confronted by the witnesses against him/her and cross-examine them.

 

 

Compulsory Process:

 

    • Is the right that allows the defendant to request that the court issue a subpoena to compel testimony of witnesses with information pertinent to their case, at no charge to the defendant.

 

    • The defendant has the right to remain silent.

 

 

10. Verdict

 

    • Directly after proceeding closing arguments the jury will be instructed to deliberate on the facts and law provided. Upon conclusion of the deliberation the jury must provide a verdict of guilty or not guilty on the existing counts.

 

    • If the jury cannot reach a unanimous verdict, a hung jury will be declared.

 

 

11. Sentencing (Upon Finding of Guilty)

 

 

The defendant is sentenced by the Magistrate or Judge presiding over their case. At this time each party may request that the judge take into consideration certain evidence presented in the case.

 

 

 

NOTE: If convicted by a jury the punishment may be more severe. However, an attorney can seek a lesser punishment, even at this point, by offering mitigating circumstances.

12. Appeal

A defendant has the right to appeal the conviction and sentence. Failure to exercise this right within a designated time, results in the defendants waiver of their right.

Frequently Asked Questions About the Criminal Process:

  • What are the initial steps in the criminal process after an arrest in Pennsylvania?

    • The initial steps following an arrest in Pennsylvania are crucial. First, you'll be booked, which involves recording your personal information, taking your fingerprints and photograph, and documenting the charges against you. Next, you'll typically face an arraignment before a magistrate judge. At this hearing, you'll be formally advised of the charges, and bail will be set. Bail is a financial guarantee that you'll appear in court for future hearings. Following the arraignment, the prosecution will begin building their case, which may involve gathering evidence, interviewing witnesses, and reviewing police reports. You have the right to legal representation at every stage of this process, and it's highly advisable to exercise that right as soon as possible. An attorney can advise you on your rights, negotiate bail, and begin preparing your defense. Understanding these initial steps is vital, as they set the stage for the rest of the criminal proceedings.

  • What is the difference between a preliminary hearing and a trial in Pennsylvania?

    • A preliminary hearing and a trial are distinct stages within the criminal process. A preliminary hearing is a proceeding where the prosecution must present enough evidence to establish that a crime was likely committed and that you are likely the person who committed it. The judge, not a jury, determines whether there is sufficient evidence to proceed to trial. If the judge finds sufficient evidence, the case is "held for court," meaning it moves to the trial phase. A trial, on the other hand, is where the prosecution presents its full case to a judge or jury, depending on whether you choose a bench trial or jury trial, respectively. You have the right to present a defense, cross-examine witnesses, and challenge the prosecution's evidence. The jury or judge will then determine your guilt or innocence based on the evidence presented. A preliminary hearing is more about establishing probable cause, while a trial is about proving guilt beyond a reasonable doubt.

  • What are my rights during a criminal investigation and arrest in Pennsylvania?

    • During a criminal investigation and arrest in Pennsylvania, you have several fundamental rights. You have the right to remain silent, meaning you do not have to answer any questions from law enforcement. You have the right to an attorney, and if you cannot afford one, the court will appoint one for you. You have the right to be free from unreasonable searches and seizures, meaning law enforcement generally needs a warrant to search your property. You also have the right to know the charges against you. These rights are protected by the U.S. Constitution and the Pennsylvania Constitution. It is crucial to remember that anything you say can be used against you in court. Exercising your right to remain silent and requesting an attorney are the most important steps you can take to protect yourself. Understanding and asserting these rights is essential to ensuring a fair legal process.

  • What is the process of plea bargaining, and should I consider it?

    • Plea bargaining is a negotiation process between the prosecution and the defense where you may agree to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding a trial. This process can save time and resources for both sides and can result in a more favorable outcome for you. Whether or not to consider a plea bargain depends on the specifics of your case. Your attorney can advise you on the potential benefits and risks of accepting a plea deal. Factors to consider include the strength of the prosecution's case, the potential penalties you face if convicted at trial, and your personal circumstances. A plea bargain can be a strategic option, but it's crucial to make an informed decision with the guidance of an experienced criminal defense lawyer.

  • What happens after a conviction in Pennsylvania, and what are my options?

    • After a conviction in Pennsylvania, the court will impose a sentence, which may include fines, probation, imprisonment, or a combination of these. If you believe there were errors in your trial or sentencing, you have the right to appeal your conviction. An appeal involves asking a higher court to review the lower court's decision. You may also be eligible for post-conviction relief, which allows you to challenge your conviction or sentence based on certain legal grounds, such as ineffective assistance of counsel or newly discovered evidence. Additionally, depending on the nature of your offense and other factors, you may be eligible for expungement or pardon. Understanding your post-conviction options is essential, and consulting with a knowledgeable attorney is crucial to exploring these avenues. Your attorney can help you navigate the appeals process and determine the best course of action for your situation.

 

 

 

 

 

 

 

 

 

 

 

 

 

Criminal Process Overview

 

  1. An arrest is made

  2. Initial filing of charges

  3. Preliminary Arraignment

  4. Preliminary Hearing

  5. Charges are formally filed

  6. Formal Arraignment

  7. Pre-Trial

  8. Pre-Trial Discovery

  9. Trial

  10. Verdict

  11. Sentencing

  12. Appeal

 

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Client

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