Stages of State Court Criminal Proceedings in Pittsburgh Pennsylvania

Arrest

• Pennsylvania Citizen is "Defendant" is arrested.

• Prior to Arrest, the Suspect is usually Interviewed by Police.

• The Defendant is arrested by an Arrest Warrant for Serious Crimes

• The Defendant can be notified of criminal charges by mail via a Summons

• If arrested by Arrest Warrant, the Defendant is taken to the Allegheny County Jail

Preliminary Arraignment

• Defendant is arraigned by an Allegheny County District Magistrate Judge

• Bail is set for the Defendant

• Defendant is notified of the Preliminary Hearing

• Defendant receives a copy of the Criminal Complaint, list of charges and the Affidavit of probable cause for arrest

Preliminary Hearing

• Defendant is ordered to be present for the preliminary hearing

• The District Attorney presents evidence to the guilt of the Defendant

• The Defense Attorney for the Defendant refutes the Evidence presented by the District Attorney

• The Preliminary hearing can be waived and argument made for a bail/bond reduction

• The case is held over for trial if the District Magistrate Judge is convinced that the District Attorney presented enough evidence for the crimes charged

• Some or all the charges could be dismissed or reduced with the Defendant ordered to pay a fine

• The client can be considered for an EDP offer or Phoenix Court Docket

Transfer of Jurisdiction Hearing ( F or Juveniles charged under Act 33)

• Defense Attorney files motion to transfer jurisdiction of the criminal matter from adult court to Juvenile Court

• The District Attorney may file response motion or simply contest the motion at a Transfer/Decertification hearing

• A Judge determines if the societal interest would be further served if the case were transferred to

  Juvenile Court

Formal Arraignment

• Defendant receives "criminal information" which contains official list of charges

• Defense Attorney enters an appearance on behalf of the Defendant as counsel of record

• The Defendant received subpoena for pre-trial conference

• The Defendant is permitted to file pre-trial motions

• Defendant must be present or a Bench Warrant will be issued for arrest

• Defendant files for discovery on the case

Pre-Trial Conference

• Defendant must be present or a Bench Warrant will be issued

• Defense Counsel reviews case with district attorney and selects trial date

• Defendant receives subpoena for trial date

• Defendant elects to proceed either jury/non jury or to enter a plea

Trial

• Defendant appears for trial

• If Defendant does not appear, a bench warrant will be issued

• If Jury trial selected, Defendant, Defense Counsel and District Attorney Select a Jury

• If Non-Jury Trial has been selected, Defendant proceeds with non-jury (bench) trial before a judge

• If a plea has been negotiated, the Defendant will enter the plea before the Trial Judge

• If pre-trial motions have been filed, the motions will be heard before trial

• If Defendant is acquitted of all charges, the case is over and the Defendant can file for an expungement

Sentencing

• If the Defendant is convicted, a sentencing date will be scheduled

• The Trial Judge may order a pre-sentence report which details the defendant's history

• Witnesses may speak on behalf of the Defendant

• Victim Impact statements may be given at the Sentencing hearing

• If the Defendant is not present, a Bench Warrant is issued

• Defendant is ordered to start sentence immediately or at a later date

• Defendant is Advised of Right to Appeal/Appellate Rights

Criminal Appeals

• Defendant can file Post-Sentence Motions within 10 days of Sentencing

• The Defendant can File a Direct Appeal to the Pennsylvania Superior Court within 30 days of Sentencing