Criminal Procedure
CRIMINAL JUSTICE FLOW CHART
- Arrest Made (accused brought to county jail)
- Probable cause of involvement in commission of crime
- Criminal Complaint Filed
- Arrest warrant issued
- Summons issued in certain cases
- Preliminary Arraignment (takes place before District Justice or Magistrate)
- Within 72 hours of arrest
- Accused receives written charges
- Bond is set
- Preliminary Hearing is scheduled
- Preliminary Hearing(within 3-10 days of arrest; may be postponed)
- Not a guilt or innocence proceeding
- To determine whether there is sufficient evidence to hold the case for trial before a judge or jury in the Court of Common Pleas
- May result in reduction of charges, dismissal of case, or assessment of fines
- A motion for bond reduction may be made at this proceeding
- Accused is presumed innocent and usually does not testify
- Formal Arraignment (A "calendar control" or "paper" date)
- Accused receives final charges in writing
- Accused enters plea of guilty or not-guilty
- Accused requests jury or non-jury trial
- Defense Counsel must enter "Appearance" as Counsel of Record
- Case is assigned to a judge
- Establishes time periods for filing of Discovery, Bill of Particulars, and Pre-Trial Motions
- Pre-Trial Conference is scheduled
- Pre-Trial Conference (A "calendar control" or "paper" date)
- Informs judge of how case will proceed (jury trial, non-jury trial, pre-trial motions, plea)
- Trial or plea date is scheduled
- Trial (Jury or Non-Jury)
- If incarcerated, accused must be brought to trial within 180 days of filing of Criminal Complaint unless there is excludable time charged to accused
- If on bond, accused must be brought to trial within 365 days of filing of Criminal Complaint unless there is excludable time charged to accused
- Accused may present a defense to charges in a suppression hearing, jury or non-jury trial.
- If acquitted on all charges the case concludes
- If accused is convicted of all or any charge by entry or plea or guilty verdict by judge or jury the case proceeds to sentencing stage
- Sentencing
- Upon conviction, and depending upon the severity of the crime(s), the case may proceed immediately to sentencing or a Pre-Sentence Investigation is ordered to assist the judge in imposing sentence.
- Depending upon the crime(s) involved, sentencing may involve total confinement in a state or county facility, alternative housing, home detention, probation, payment of fines and restitution.
- Post-Sentence Motions must be filed (if at all) in writing and within 10 days
- An appeal may be filed (if at all) in writing within 30 days of the denial of Post-Sentence Motions or, if no Post-Sentence Motions are filed, within 30 days of sentencing.
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