Being arrested and charged with a crime in Pennsylvania is one of the most overwhelming and stressful experiences a person can face. Whether it is your first time interacting with the criminal justice system or you have been through the process before, it can feel confusing, intimidating, and emotionally draining.
Understanding the steps of a criminal case in Pennsylvania is critical to protecting your rights and preparing for what comes next. Every stage of the process can have a serious impact on your future, and having an experienced criminal defense attorney by your side can make all the difference.
As a former prosecutor and now a criminal defense attorney with over twenty years of courtroom experience, I have seen how each phase of a criminal case affects the outcome. This guide will help you understand what to expect from the moment you are charged through the resolution of your case, whether that involves a trial, plea, or dismissal.
The Arrest: How It Begins When Charged With a Crime in Pennsylvania
A criminal case typically begins with an arrest by law enforcement. In some cases, the police may make an arrest at the scene of an alleged crime. In others, an investigation may lead to an arrest warrant issued by a judge or magistrate.
Once you are taken into custody, you have the right to remain silent and the right to speak with an attorney. It is important to exercise those rights immediately. Anything you say to the police can be used against you in court. Politely request to speak with a lawyer and avoid answering questions until you have legal representation.
Step One: Preliminary Arraignment (State Court) or Initial Appearance (Federal Court)
Your first court appearance after arrest is known as the preliminary arraignment in state court or the initial appearance in federal court. This is typically held within hours or days of your arrest.
During this hearing:
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The charges against you are formally presented.
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The judge or magistrate will determine whether you will be released from custody or held in jail.
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If you are released, the court will set bail or bond conditions. These may include restrictions such as no contact with alleged victims, electronic monitoring, travel limitations, or other conditions of supervision.
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The court will also inform you of your right to an attorney and provide information on your next court date.
This hearing can have a lasting impact on your case. It is crucial to have an experienced attorney advocate for reasonable release conditions or argue for release on your own recognizance when appropriate.
Step Two: Preliminary Hearing
The preliminary hearing is one of the most important early stages of a criminal case in Pennsylvania. It is usually scheduled within ten to fourteen days after the preliminary arraignment.
At this hearing, the Commonwealth (the prosecution) must present enough evidence to show that there is probable cause to believe a crime was committed and that you were the person who committed it. This is not a trial, and the burden of proof is much lower than in a final trial. However, it is still a critical opportunity for your defense attorney to:
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Cross-examine the prosecution’s witnesses.
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Test the strength and reliability of the evidence.
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Identify any weaknesses or inconsistencies in the case.
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Begin building a factual record that could be useful later at trial or during plea negotiations.
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Argue for dismissal of charges that are not supported by the evidence.
In some cases, charges can be reduced or dismissed at the preliminary hearing. If the court finds that the prosecution has met its burden, the case will move forward to the Court of Common Pleas for formal arraignment.
Step Three: Formal Arraignment
The formal arraignment is the next step in the process and usually occurs several weeks after the preliminary hearing. At this stage:
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You are officially notified of the charges filed against you by the district attorney’s office.
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You enter a plea, which is typically “not guilty” at this stage.
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The court sets deadlines for motions and informs you of your upcoming court dates.
This hearing is generally brief, but it is important because it triggers the formal start of your defense process in the Court of Common Pleas.
Step Four: Status Conference or Pre-Trial Conference
Depending on the county, your next court appearance will either be a status conference or a pre-trial conference.
These proceedings are designed to monitor the progress of your case, encourage resolution without trial when possible, and allow both sides to review the evidence and discuss possible outcomes.
During this stage:
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The prosecution will provide discovery, which includes police reports, witness statements, surveillance video, forensic results, and other relevant evidence.
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Your defense attorney may file motions, such as requests to suppress illegally obtained evidence, challenge identification procedures, or seek dismissal of certain charges.
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Both sides may engage in plea negotiations to resolve the case without trial.
This is also the phase where legal strategy becomes especially important. An experienced attorney will carefully analyze the evidence, prepare your defense, and guide you in deciding whether to proceed to trial or consider a negotiated plea agreement.
Step Five: Trial or Guilty Plea
If your case does not resolve through pre-trial negotiations or motions, it will proceed to trial. You have the constitutional right to a trial by jury, but you may also choose to waive that right and have a bench trial, where a judge alone hears the case and issues a verdict.
Jury Trial:
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A jury of twelve citizens will hear the evidence.
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Both the prosecution and defense present witnesses and cross-examinations.
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The jury must find you guilty beyond a reasonable doubt in order to convict.
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If there is reasonable doubt, the jury must find you not guilty.
Bench Trial:
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The judge serves as the fact-finder instead of a jury.
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This may be appropriate in cases where legal issues are complex or the evidence is highly technical.
Plea Agreement:
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In many cases, charges are resolved through a plea agreement.
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This may involve pleading guilty to reduced charges or accepting a specific sentence in exchange for avoiding trial.
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A skilled attorney can negotiate favorable terms, especially if weaknesses in the prosecution’s case are identified early.
The decision to accept a plea or proceed to trial should always be made with the full understanding of the consequences and in consultation with your attorney.
Step Six: Sentencing (If Convicted or Pleading Guilty)
If you are found guilty or choose to plead guilty, the case proceeds to a sentencing hearing. The judge will consider several factors when determining your sentence, including:
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The seriousness of the offense
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Your prior criminal record
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The impact on victims
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Mitigating factors, such as your background, remorse, or mental health
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Sentencing guidelines provided by Pennsylvania law
Your attorney will have the opportunity to present arguments and evidence in support of a fair and appropriate sentence. This may include letters of support, expert evaluations, or testimony from family members or employers.
Step Seven: Appeals and Post-Conviction Options
If you are convicted at trial, you have the right to appeal the decision. Appeals must be filed within a specific time frame and must be based on legal errors made during the trial or sentencing process.
Additionally, there may be options to seek post-conviction relief or a pardon, depending on the circumstances of your case. These are complex processes that require skilled legal representation.
Why Early Legal Representation Is So Important When Charged with a Crime in Pennsylvania
The most important decision you can make after being charged with a crime in Pennsylvania is choosing the right defense attorney. From the first court appearance to the final resolution, having a skilled advocate on your side ensures that:
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Your rights are protected at every stage.
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The evidence is challenged and thoroughly reviewed.
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You receive honest advice and strategic guidance.
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You have a voice in court and a strong defense.
At PKN Law, I bring over twenty years of courtroom experience to every case I handle. I have worked as both a prosecutor and a defense attorney, and I understand how to anticipate the government’s strategies and fight back effectively.
Whether you are charged with a crime in Pennsylvania or federally, you do not have to face this process alone.
Charged with a Crime in Pennsylvania? Schedule a Confidential and Free Consultation Today
If you or a loved one has been charged with a crime in Pennsylvania, contact me today to discuss your case.
Call (412) 454-5582 or visit patricknightingale.com to schedule a free and confidential consultation.