Criminal Law

  Crime Reported:

When a crime is reported, the police will investigate. If the police believe a crime happened, they can arrest someone (the defendant). A defendant age 18 or older goes through the criminal justice system. So will a defendant under age 18 who is charged as an adult. Defendants under 18 will go through the juvenile justice system.

  Preliminary Arraignment:

A preliminary arraignment is the first time a defendant is charged with a crime. This happens at a Magisterial District Judge’s office. The Magisterial District Judge will explain the charges, set bail and set a date for a preliminary hearing. You do not need to go to the preliminary arraignment.

  Bail:

A preliminary arraignment is the first time a defendant is charged with a crime. This happens at a Magisterial District Judge’s office. The Magisterial District Judge will explain the charges, set bail and set a date for a preliminary hearing. You do not need to go to the preliminary arraignment.

  Preliminary Hearing:

The preliminary hearing is held in front of a Magisterial District Judge in the area the crime happened. You will receive a subpoena (written request) telling you to come to this hearing.

Several people will come to this hearing. They may include the police officer working on the case, the defense attorney, witnesses and someone from the District Attorney’s office. When the defendant arrives, he/she can choose whether or not to have the hearing.

  Preliminary Hearing (continued):

If a hearing is held, there will be testimony and possibly some of the evidence that has been gathered in the case. If the Magisterial District or Municipal Court Judge finds there is enough proof (the burden of proof at a preliminary hearing is Prima Facia) to have a trial, the defendant will be scheduled for arraignment.

  Arraignment:

An arraignment is when the charges against the defendant are read. The arraignment happens at the courthouse. You do not have to attend, but you can.

  Guilty Plea:

A guilty plea is when the defendant says he/she is guilty. This can happen any time after the arraignment. The defendant can plead guilty in one of two ways.

1. The defendant can enter a plea agreement. This means the defendant, the defendants’ attorney, and the District Attorney agree on a punishment. The Judge may accept or reject the plea agreement. If the Judge accepts it, the sentence remains as is. If the Judge rejects the plea, the case remains open.

2. The defendant may also enter an open plea. This means that the defendant pleads guilty to some or all of the charges. The Judge will decide the punishment.

  Trial:

During a trial, the District Attorney will present evidence (proof of the crime). The District Attorney works for the Commonwealth of Pennsylvania. District Attorney will try to show that the defendant is guilty beyond reasonable doubt. Reasonable doubt means that a reasonable (or practical) person would find the defendant guilty.

You will receive a subpoena (written request) to come to the trial. There are two kinds of trials. A bench trial means the Judge decides if the defendant is guilty. A jury trial means a jury (group of people) decides if the defendant is guilty.

  Trial (continued):

The trial begins with an opening statement by the District Attorney. The statement explains the case that the District Attorney will prove. The defense attorney will either speak next or delay an opening statement until the beginning of the defense’s case.

After the opening statements the District Attorney will ask people, including the defandant, to tell what happened. (This is called testimony and the people are called witnesses.) Witnesses may be sequestered, or placed in a separate area before giving testimony so they are not influenced by other testimony.

  Trial (continued):

The defendant’s criminal lawyer can also ask you questions. When the District Attorney is done asking questions, the defendant’s criminal lawyer will ask questions to his witnesses. The defendant may decide not to testify.

When the attorneys finish asking questions, each will make a final statement. Remember, the defendant does not have to prove that he is not guilty. The District Attorney must prove the defendant is guilty.

  Trial (continued):

Next, the Judge will charge the jury (give them instructions). The Judge will tell the jury about the laws that relate to the case and how to apply those laws to the testimony and evidence that was presented. The jury will talk until they all agree whether or not the defendant is guilty. This decision is called a verdict. If the verdict says the defendant is “not guilty,” the case is dismissed. If the verdict says the defendant is guilty, the defendant will be told the sentence (or punishment) within 90 days.

  Pre-Sentence Investigation:

Before the defendant is sentenced, Adult Probation and Parole Services may do an investigation. They will prepare a report that includes the facts of the case and information about the defendant’s background. The report can also include a victim impact statement from you about how this crime has hurt you. The report may also include information on how the crime hurt you financially.

  Sentencing:

In Pennsylvania, Judges must follow sentencing guidelines that say what the punishment is for a certain crime. The sentence could say the defendant will go to a county jail or state prison. The sentence could be probation, which means defendant will not go to jail, but the court will carefully supervise his activities. The defendant might have to pay money (a fine).