Welcome to Pittsburgh Criminal Defense Lawyers! It usually makes sense to start out with the basics, so our first post will do just that.
We think that the information below is a simple, clear, and useful explanation of how the Criminal Law Process works in Allegheny County, PA.
Please use this for your reference, but be aware that you should always talk to a criminal law attorney whenever you have a legal question.
Our consultations are always free: (412) 434-4911 ext. 25.
Adopted in part from the Allegheny County District Attorney’s Office website.
Each county in Pennsylvania has a District Attorney, whose Office serves as the Chief Law Enforcement Office of the County. The District Attorney’s Office for Allegheny County, as an example, employs roughly 100 attorneys, 24 detectives, and numerous support staff, and accepts referrals of cases from more than 100 police departments and the Sheriff’s Department.
Though the Court of Common Pleas in each county has jurisdiction over crimes committed in that county, all counties in PA also have a minor judiciary, called District Judges (you may also hear them referred to as District Justices, DJ’s, Magistrates, or Justices of the Peace, though some of these titles are outdated).
The following paragraphs describe the typical steps involved in a criminal case initiated by the police (a private citizen may also file a complaint) such as a DUI, though for some cases certain steps may be waived or omitted, depending on the circumstances of that particular case, or the DA may accept a plea bargain:
Crime Committed
Police Notified
Police Investigate: The investigation may include interviewing the victim, witnesses, and/or suspects, collecting evidence, investigating the crime scene, identifying suspects.
Police File Complaint: The police begin the criminal process by filing a complaint with the local District Judge or by making a warrantless arrest followed by the filing of the complaint. The Complaint will identify the defendant, list the crimes charged, and contain a brief factual summary of the basis for the charges.
Summons or Arrest Warrant Issued: The District Judge will issue a summons or a warrant of arrest, depending on the seriousness of the alleged offense.
Preliminary Arraignment: If an arrest warrant is issued, or if the process was initiated by a warrantless arrest, the defendant must appear before the District Judge for a preliminary arraignment, where the defendant is given a copy of the complaint, advised of his/her rights, and a preliminary hearing is scheduled (at least three days but not more than 10 days after the arraignment). The DA is not represented at a preliminary arraignment.
Preliminary Hearing: The preliminary hearing is also held before a District Judge, and the Commonwealth must present evidence that a crime has been committed and that the defendant was probably the perpetrator. In some cases, the arresting officer will present the case at the preliminary hearing, in other cases the case may also be presented by an assistant district attorney.
Information Filed: If the case is held for court, the DA’s office will file a formal charging document, called an information, with the clerk of courts that specifies the counts against the defendant.
Formal Arraignment: At the formal arraignment, the defendant is provided with a copy of the information and advised of his rights, including rights to file various pretrial pleadings.
Pretrial Conference: Typically, the defendant’s attorney and the ADA appear before the assigned judge and settle various pretrial matters and determine the outcome of the case or whether it will go to trial.
Trial or Plea: The case will then proceed to either a jury or non-jury trial, or the defendant will enter a guilty plea as part of a plea bargain.
Sentencing: Some elements of sentencing are up to the judge in the case, and some are set by law. At sentencing, the judge will consider the information and evidence in the case and issue a sentence.
Appeal and Post-Conviction Relief: A defendant may pursue an appeal or other post-conviction relief.
