Criminal Procedure

CRIMINAL JUSTICE FLOW CHART

1. 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
2. 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
3. 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
4. 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
5. 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
6. 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
7. 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.