I've Been Charged With a Crime In Pennsylvania, Now What?

I’ve Been Charged With a Crime — Now What? Understanding Criminal Procedure in Pennsylvania

Being accused of a crime is a frightening and overwhelming experience. For most people, the criminal justice system is unfamiliar and intimidating. The most important thing to remember is this: you have rights at every step of the process, and understanding what comes next can help you protect yourself and make informed decisions.

Below is a clear, step-by-step overview of the criminal procedure in Pennsylvania.

Everything Begins With a Police Encounter

In Pennsylvania, the criminal process typically begins with some form of interaction with law enforcement, such as:

• A routine traffic stop
• An investigatory detention
• A search of your person, home, or vehicle
• A full-blown arrest

Even at this early stage, your constitutional rights apply. This includes the right to remain silent and the right to be free from unreasonable searches and seizures.

If You Are Arrested: The Preliminary Arraignment

If you are arrested and taken to jail, the next step happens quickly. Within hours, you will be brought before a Magisterial District Judge for a preliminary arraignment, often by video conference.

At this hearing:

• You are informed of the charges.
• The judge sets your bail.
• A date is scheduled for your preliminary hearing.

This is your first step into the formal criminal process.

Not Everyone Is Taken to Jail Immediately

For many misdemeanor cases, officers have the discretion to issue summons instead of making a physical arrest. In these situations:

• The officer obtains your identifying information.
• Police prepare a criminal complaint.
• The complaint is filed with the Magisterial District Court.
• You are mailed a copy of the charges along with a Notice to Appear.

This notice includes dates for both your preliminary arraignment and preliminary hearing.While a summons may feel less serious than an arrest, the charges are just as real, and the process that follows is the same.

The Preliminary Hearing: A Critical Turning Point

The preliminary hearing is one of the most important stages in the Pennsylvania criminal process. At this hearing, the prosecutor must show:

• Probable cause for your arrest or charges.
• Prima facie evidence that a crime was committed and that you were likely involved.

Although not a trial, the preliminary hearing allows your attorney to:

• Challenge the strength of the evidence
• Cross-examine witnesses
• Negotiate with the prosecutor
• Seek reduction or dismissal of charges

Because of what can be accomplished here, competent representation is essential.

Pretrial Proceedings: What Happens Before Trial

Once your case is held for court, it moves to the Court of Common Pleas for pretrial proceedings.

Formal Arraignment

At this stage:

• You receive the official written charges from the District Attorney.
• These charges replace the initial paperwork filed by police.
• Rights and deadlines for filing motions are explained.

With an attorney, you can often waive your appearance for this hearing.

Pretrial Conferences

During these conferences:

• Trial and motion dates are scheduled.
• Your attorney and the District Attorney communicate and negotiate.
• Potential resolutions or plea agreements may be discussed.

Pretrial Motions

Your attorney may file motions to challenge evidence due to:

• Constitutional violations.
• Criminal procedural violations.
• Violations of evidentiary rules.

Winning a motion can significantly weaken the prosecution’s case.

Trial: Choosing Jury or Bench Trial

If your case proceeds to trial, you have two options:

Jury Trial

• A jury of 12 community members decides the facts
• The verdict must be unanimous
• The prosecutor must prove every element of the charge beyond a reasonable doubt

Bench Trial

• A Common Pleas Judge decides the facts.
• The judge issues the verdict.

Each type of trial has strategic advantages. An experienced defense attorney can help you determine which choice best suits your circumstances.

Reminder: You have no burden of proof. The Commonwealth must prove its case beyond a reasonable doubt.

Sentencing: The Final Stage

If convicted, the final stage is sentencing. A judge will determine the penalty based on:

• The severity of the offense
• Your prior record score
• Pennsylvania’s sentencing guidelines

A skilled attorney can advocate for alternatives to incarceration and argue for the most favorable sentence possible—potentially making the difference between:

• State prison
• County jail
• House arrest
• Probation
• Diversionary or rehabilitative programs

Criminal charges can turn your life upside down—but you do not have to navigate the legal system alone. Every stage of the Pennsylvania criminal process presents opportunities to protect your rights and shape the outcome of your case.

If you or a loved one has been charged with a crime, contact Attorney Finn Skovdal today for a confidential consultation. Experienced legal guidance early in the process can make all the difference.