Stage 1

1. Arrest

   1. You or someone you love has been arrested and is being charged with a crime. This can be a difficult and scary time for any individual as they may not know what to do next. The most important thing to know and understand at this point in time is your 5^th Amendment right to REMAIN SILENT.

      At this level no one is your friend other than the Defense Attorney so DO NOT SPEAK. You must remain respectful when speaking to the officers or other law enforcement, but be respectful in your declining to speak without an attorney present.

Stage 2

1. Preliminary Arraignment

   1. At the arraignment the Defendant will be read specific charges that have been filed against him or her. The arraignment hearing is brief and quick.

   2. The Defendant will appear before a Magisterial District Judge and be requested to enter a plea of guilty or not guilty to the charges that have been raised against him or her.

   3. At the arraignment the Defendant will have bail set and may make a request for bail reduction based upon the circumstances.

      1. Understanding Bail

         1. Bail is a method to get the Defendant home during the trial proceedings. Bail is an amount of money used by the Court to ensure the Defendant comes back to Court when required to do so.

         2. A good Defense Attorney can get bail reduced or eliminated by showing Character references - Community support - Stable employment history - Memberships in religious or civic organizations - Surrendering the Defendant's passport - Agree to electronic monitoring, etc.

         3. The Court can present several bail release options. These may include:

            1. Cash Bail. The Defendant is responsible for paying the entire amount of bail to be released. The Defendant will receive his bail back at the completion of all court appearances.

            2. Release On Own Recognizance. If the Magisterial District Judge is convinced the Defendant is not a risk, he may release the Defendant on his own recognizance, or his ‘word’ that he will attend his next Court hearing.

            3. Surety Bond. The bail agent guarantees to the Court that they are responsible for the bond if the Defendant fails to appear. This option involves hiring a bondsman.

   4. Generally, the rule-of-thumb is to expect arraignment to occur within two days after being arrested.

2. Once the arraignment is completed, the Defendant prepares for the Preliminary Hearing.

3. Post arraignment:

   1. Ensure you have acquired legal representation.

   2. Ask questions frequently and be certain they are answered.

   3. Assist the attorney in preparing the defense by understanding every option available.

4. Remember that THE DEFENDANT IS INNOCENT UNTIL PROVEN GUILTY.

Stage 3

1. Preliminary Hearing

   1. This is typically the meeting ground of the prosecution and the defense. A good Defense Attorney at this stage will look for opportunities such as plea bargain opportunities and strengths and weaknesses in the prosecution's case

   2. Pretrial motions for bail and other intangible factors of the case can be made at this stage as well.

   3. A good Defense Attorney will attempt to reduce or eliminate charges and if not possible will seek to negotiate with the District Attorney to obtain a plea bargain and a bail reduction or release on their own recognizance.

   4. Without cause, a Defense Attorney should NEVER waive a matter to Common Pleas Court without obtaining a negotiated offer or a bail reduction for his client.

   5. A good Defense Attorney will often schedule a Court Reporter, or stenographer, to transcribe or record all the testimony given by witnesses at the Preliminary Hearing. This recorded testimony can be crucial to impeaching witnesses at a Jury Trial should a case go that far.

   6. At the Preliminary Hearing the Magisterial District Judge determines whether sufficient evidence exists to send the case to the Common Pleas level for trial.

      1. The Magisterial District Judge will review 1) Whether there is probable cause to believe a crime was committed. 2) Whether there is probable cause to believe the person in front of the court is the one who committed the crime. Rarely does the Magisterial District Judge overturn the prosecution and dismiss the case. In fact, the prosecution or Judge can add additional charges to the case at this hearing. The length of a Preliminary Hearing varies based upon the charges. The prosecution is only required to show "probable cause" at the Preliminary Hearing. No jury will be present. Cross examination of police officers or witnesses may occur

2. Plea Bargains

   1. Over 90% of all cases end in with a plea-bargain or deal reached between the Defense Attorney and the District Attorney/Prosecutor. Plea-bargaining is an excellent way to avoid a potential stiff conviction in favor of an agreed upon lighter conviction. For instance, in a drug possession case, a Judge may be convinced to dismiss the charges in return for the Defendant's successful completion of a rehabilitation program. Some Judges and Prosecutors are amenable to plea-bargaining, whereas others are not. Plea bargaining enables the Judges to move cases through the legal process, and Prosecutors to rack up convictions.

   2. A plea bargain may result in a lighter sentence and completes the matter quickly.

   3. It is critical that the Attorney and Defendant manage the details. Cases are won and lost in the details.

Stage 4 Pre-Trial Conference

1. If the matter has been held for court or waived to court the matter must go before a Common Pleas Judge for an ultimate disposition. The Pre-Trial Conference is a formal setting where plea bargaining and trial preparation occurs. The prosecution may offer alternative sentencing or a negotiated plea agreement at this stage. The charges may be reduced to a lesser charge. If not agreement is made at this level then the Defense Attorney and his client will most likely make trial preparations.

Stage 5

1. Common Pleas

   1. Once a matter has been either waived or held for court it is moved to the Common Pleas Court for a disposition. At this level the Defendant is left normally with only one of two options. The Defendant can plead to the charges and admit his or her guilt in the matter or the Defendant can take the matter to trial.

   2. Guilty Plea

      1. If the Defendant admits his or her guilt in the matter and wishes to plead guilty to the charges then it is important that a qualified Defense Attorney has laid the ground work at the Preliminary Hearing for a negotiated plea agreement.

   3. Trial

      1. If the Defendant denies involvement in the matter and chooses to have a trial it is of the utmost importance that they be sure that they are going into battle with the correct attorney. The correct attorney can make a difference between walking out the door as a free person or as an incarcerated individual and during the trial is not the time to determine whether your attorney is ready to go to battle for you.

      2. A Jury Trial is the fact-finding phase of the case. At the trial a decision will be reached as to the innocence or guilt of the Defendant. Unlike a plea-bargained settlement which completes the case prior to trial, a trial introduces risk for both the prosecution and defense. Neither side knows which side will win. The trial begins with the prosecution's opening statement. The Defense Attorney may also present an opening statement at this time. The Prosecutor presents his case to support the charges and then rests. The Defense Attorney presents his case to refute the charges and then rests. Closing arguments by both the prosecution and defense conclude the presentation part of the trial. The jury then deliberates innocence and guilt.

Stage 6

1. Sentencing

   1. Once either the guilty plea has been entered or the Defendant has been found guilty in a criminal trial the Judge will be left to make a determination of the length and type of punishment at a sentencing hearing. Witnesses are generally allowed to speak, requesting either a lighter or stiffer sentence. The Defendant may make a statement to the court. If a plea agreement has been worked out prior to the trial or during then the judge is not bound to accept the negotiated plea agreement between the District Attorney and the Defense Attorney. It is at the Judge’s discretion to accept the plea, but for the most part the Judge will accept a negotiation that has been arrived between the opposing attorneys.

   2. If a Jury Trial results in a guilty verdict, or if the Defendant has pled guilty without an agreement by the District Attorney as to sentence; the Judge will determine the sentence imposed on the Defendant.

   3. With the exception of mandatory sentences, Pennsylvania Judges are required to follow specific sentencing guidelines in every case. Sentence guidelines are based on the seriousness of the present offense and the prior record of the Defendant.

   4. Factors such as no criminal history, a good public record, and professional or personal responsibilities may persuade the judge to provide a lighter or heavier sentence.

2. A sentence can consist of a Incarceration, Probation or a combination of the two. Fines, court costs and restitution for the Victim of the crime will also be imposed. Unless a sentence deferral is approved by the Court, incarceration usually occurs immediately following the sentence of the Court. Defendants are incarcerated at the County Prison for less serious offenses, or at a State Correctional Facility for more serious crimes where a sentence of a year or more is imposed.
   
   



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