Being arrested for most people is one of the scariest days of their lives. Once you are placed in handcuffs, you may be thinking, “Will I go to jail?” or “Am I going to lose my job over this?” On top of all of that, you’re likely wondering what your family or friends are going to think if they hear you were arrested.
At Johnson Duffie, our central Pennsylvania criminal defense attorneys understand how the entire court process works and are prepared to help you navigate each step of the process by providing clear, informed, and trustworthy advice. This article is designed to help you better understand how the court process works from start to finish, so that you are fully informed about what to expect at every stage of the process.
Under Pennsylvania law, police officers need probable cause in order to arrest someone for a crime. The Pennsylvania Supreme Court has explained that probable cause to arrest someone exists “when the facts and circumstances within the police officer’s knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been committed by the person to be arrested.” Commonwealth v. Gwynn, 723 A.2d 143, 148 (Pa. 1998).
If a police officer is able to establish probable cause that you committed a crime, they are then able to place you under arrest. In most instances, when a person is placed under arrest, a police officer will place the individual in handcuffs and conduct a brief search of their person to ensure that the individual does not have any weapons on them. Depending on the situation, the police officer will then place you into a police car to transport you to a jail or booking center for processing.
After you’ve been arrested, you will likely be transported to a booking center or jail to be “processed.” This process can vary in length from anywhere from an hour up to multiple hours, depending on the booking center staffing, whether there are people waiting to be processed in front of you, and the nature of your charges. Processing is usually comprised of having your fingerprints taken, being photographed, and possibly undergoing a medical screening. It is important to remember that even when you’re in the booking center, anything you say about your case can, and likely will, be used against you by the government. Therefore, it is vital that you be extremely careful with what you say to police officers and booking staff about the circumstances surrounding your case.
When it comes to bail, there are a variety of factors that determine what type of bail you will be given for your case. These factors include, but are not limited to:
When it comes to the different types of bail, Pennsylvania generally recognizes three main categories of bail.
The first type of bail is known as “monetary bail.” Monetary bail is a certain dollar value that will need to be paid before you can be released. You can either pay this yourself or have someone such as a bail bondsman or family member pay this. Most bail bondsman will require that 10% of the total amount of bail be paid to them in order for them to agree to post bail on your behalf.
The second type of bail is known as “nonmonetary bail.” Nonmonetary bail does not require you to pay anything before you are released. There are usually conditions associated with nonmonetary bail that may vary from something such as remaining crime/arrest free, to having no contact with an alleged victim that may be involved in your case.
The third type of bail is referred to as “release on recognizance” bail or more commonly referred to as “ROR” bail. ROR bail does not require you to pay anything to be released and generally carries less restrictive conditions than nonmonetary bail.
Once an individual has had their bail determined, the next official court event that will occur is the preliminary hearing. A preliminary hearing is the first time that the government is required to present evidence against an individual accused of a crime in Pennsylvania. The preliminary hearing is also the first time that a person accused of a crime has the right to confront those witnesses who may testify against them. For a more detailed analysis of what happens at a preliminary hearing, check out our article titled: What is a Preliminary Hearing in PA.
If your case proceeds beyond the preliminary hearing, your next court event will be what is known as “formal arraignment.” Formal arraignment is held at the Court of Common Pleas in the county in which you are alleged to have committed the crimes charged against you. At formal arraignment, this is when the government will formally advise an individual of the charges against them. The individual accused of a crime will then determine at that time whether they want to enter a plea of guilty or not guilty to the formal charges read against them. Most individuals plead not guilty to the charges alleged against them at formal arraignment. Pleading not guilty to the charges at formal arraignment does not mean that you cannot enter a guilty plea later in the court process.
Once you have been formally arraigned, the court will assign you with your next court date that you are required to appear at. After formal arraignment, the government is required to turn over all relevant material that they have related to your case. These materials include, but are not limited to, police reports, law enforcement body worn camera and dash camera, witness statements, videos, and photographs.
Upon being formally arraigned, you are then able to file different items such as a motion to suppress the evidence obtained from your case. Under Pa.R.Crim.P. 579(A), an individual has 30 days from the date that they were arraigned to file an item such as a suppression motion. Therefore, it is extremely important to be aware of the time constraints associated with when certain documents must be filed after you have been arraigned.
The pretrial process is also the time period during which you and your attorney may attempt to work out a plea deal or other type of resolution with the government. Generally, the pretrial process can last anywhere from a few weeks up until months after you have been formally arraigned.
Once you and your attorney have gone over all of your options and have come to a decision as to whether you want to enter a guilty plea or list your case for a trial, you will formally announce your decision at what is generally called a pretrial conference. If you decide that you wish to plead guilty, you and your attorney will go over paperwork concerning the entry of your guilty plea. Once the paperwork has been completed, you will appear before a judge to enter your guilty plea. When you appear before the judge, the government will generally list the facts that support the entrance of your guilty plea. The judge will usually then ask you a number of questions to ensure that you are making the decision to enter a guilty plea in a knowing, voluntary, and intelligent fashion.
If you decide to list your case for a trial, you will be directed to appear for trial at a later date. At trial, the government is required to put forward evidence to prove that you are guilty of the offenses charged against you beyond a reasonable doubt. You and your attorney have the right to cross-examine the government’s witnesses during trial. An individual accused of committing a crime is not required to put forward any evidence during trial. Furthermore, a person accused of committing a crime does not have to testify at trial. The burden of proving someone guilty beyond a reasonable doubt is always on the government. Put differently, a person accused of a crime is not required to prove that they are innocent of the charges alleged.
Regardless of whether you plead guilty to an offense or if you are found guilty at trial, you will appear before a judge to be sentenced. The specific sentence you will receive varies greatly depending on factors such as:
When it comes to the types of sentences that can be imposed, judges have the ability to impose sanctions such as court costs and fines, probation, house arrest, and jail time. Outside of mandatory sentences, Pennsylvania judges possess the discretion to determine what they believe is an appropriate sentence in your case.
Having the right attorney represent you during your criminal case is vital to ensuring that you receive the best possible outcome. The criminal justice system is a complex process, and having an experienced attorney represent you can make all the difference in your case. At Johnson Duffie, our central Pennsylvania criminal defense attorneys are prepared to fight on your behalf during the entire court process. Whether that means contesting the evidence that the government has, filing a motion to suppress evidence that was unconstitutionally acquired, or working with you to achieve a favorable plea agreement, you can trust the experience of the attorneys at Johnson Duffie. Our attorneys understand how stressful being charged can be and are ready to walk you through each and every step that you may encounter.
View Criminal Defense Attorneys
Contact us today to schedule a confidential consultation and learn more about how our criminal defense attorneys can help you navigate your criminal charges.