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The Formal Arraignment Process in Pennsylvania

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formal-arraignment If you’re charged with a crime in Pittsburgh, it’s important to understand the role of the formal arraignment as part of the judicial process.

In Pittsburgh, the formal arraignment typically takes place at the courthouse approximately one to two months after a preliminary hearing. If you’re a defendant in a criminal case, you’ll be provided with an informational document and your rights will be explained to you.

At the formal arraignment, you’ll enter your plea of “guilty” or “not guilty.” An experienced criminal defense attorney can advise you on the appropriate plea. Victims of crimes are not required to attend formal arraignments.

Steps Leading up to Formal Arraignment

In Allegheny County, a criminal case goes through the following phases to reach the point of formal arraignment.

  • An alleged crime is committed. An adult or juvenile defendant allegedly commits an action that violates the law.
  • Law enforcement authorities are notified. Local police are notified of the time and location of the alleged criminal act, typically by an individual calling 911 or by a law enforcement officer witnessing the act.
  • Police investigate the matter. A law enforcement investigation can include interviews with individuals involved in the case, including witnesses, the defendant and the alleged victim or victims. Officers also may collect physical evidence, including visiting, photographing and measuring the scene. Witnesses and victims may be asked to identify the alleged perpetrator through photographs or police line-ups.
  • Law enforcement files a complaint. Police representatives initiate criminal charges by filing a complaint with the local magistrate or by making an arrest, which is followed by filing a complaint. The complaint names the defendant and provides a summary of the alleged crimes.
  • A private complaint is filed. If police officers decide not to file a complaint, a private citizen may do so. An assistant district attorney must agree to approve the complaint before a criminal case can move forward. After a complaint is filed, the process that follows is the same as if a law enforcement officer had filed the complaint.
  • The defendant appears at a preliminary arraignment. If you were arrested with a warrant or through a warrantless arrest, you’ll need to appear before a judge for a preliminary arraignment. You’ll receive a copy of the complaint, and you’ll be advised of your rights. Any necessary bond also will be set, and your preliminary hearing will be scheduled for between three and 10 days later.
  • Evidence is presented in a preliminary hearing. Your preliminary hearing will occur before a Magisterial District Judge, and evidence will be presented showing that a crime occurred and that you are the likely perpetrator. If appropriate evidence (known as a “prima facie” case) is not presented, the charges against you may be dropped.

What Happens During the Formal Arraignment?

The next step in the legal process is your formal arraignment. In most cases, the district attorney nor a judge will be present at this stage. You’ll be provided with a copy of the formal charging document (known as an “information”). You’ll also be informed of your rights, including your right of filing pretrial motions.

You will be asked if you have an attorney or if you need help from a court-appointed attorney. You’ll also be asked how you plead to the charges; you can plead guilty, not guilty or no contest.

Typically, your criminal defense attorney must file pretrial motions within 30 days of your formal arraignment and the district attorney’s office is obligated to respond. At the formal arraignment, you’ll also be given notice for appearing at a pretrial conference and a Court of Common Pleas judge will be assigned to your case.

After the Formal Arraignment

Following the formal arraignment, the defendant and the defendant’s criminal defense attorney appear for a pretrial conference. An assistant district attorney also typically will appear before the assigned judge and a trial date is set. Additional pretrial issues also are addressed during the conference.

Assuming a defendant does not decide to plead guilty, the case then proceeds to the trial phase. If the defendant is found guilty, a sentence is handed down. Judges often can use their discretion in sentencing, but Pennsylvania law includes some mandatory minimum sentences for specific types of crimes.

During the sentencing phase, the judge considers information in a pre-sentence report, along with any additional evidence presented by either the defense or the prosecution. The victim or the victim’s loved ones can submit a victim impact statement that the judge will consider. The state’s sentencing guidelines also are taken into account.

The judge also reviews the facts of the case, along with any criminal history by the defendant to then determine a sentence. Depending on the specific circumstances, the judge may consider sentencing alternatives such as probation, community service or a fine rather than jail or prison time. A defendant also may be ordered to pay restitution to the victim.

Following sentencing, defendants can decide to appeal the case or to seek a review of the case through the state or through a federal district court.

Request Your Right to Work with an Attorney

If you’re charged with a crime in Pennsylvania, it’s critical that you work with an experienced criminal defense attorney for your formal arraignment and every other phase of your case. For any crime with the possibility of jail time, you have a constitutional right to work with an attorney and you should do so to ensure that you receive a fair trial. To schedule a free consultation with an attorney, contact the office of DeLuca, Ricciuti & Konieczka.

Pennsylvania Law Enforcement Does Not Need A Warrant For Automobile Searches

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Since April 2013 in Pennsylvania, law enforcement has only needed probable cause to search an automobile. A divided state supreme court ruled in 2013 that Pennsylvania will follow federal law which requires law enforcement only have probable cause before searching a vehicle.

Prior to the state’s High Court ruling in Commonwealth v. Gary Shiem, Pennsylvania had over 200 years of decisional law that held that probable cause as well as a search warrant or exigent circumstances were required for a vehicle search, unless the vehicle’s owner gave consent. Since the ruling in 2013, law enforcement’s ability to search vehicles based solely on probable cause has aligned the state more closely with federal law and other state laws throughout the country.

U.S. Supreme Court Rulings On Vehicle Searches

The U.S. Supreme Court has decided that, based on the fact that vehicles are inherently mobile, there can not be the same expectation of privacy as one would have as the occupant of a house. Therefore, the court has ruled the expectation of privacy in a vehicle is significantly lower than those outlined by Federal Constitutional standards and as such, only probable cause is necessary for a legal search.

What Are Exigent Circumstances?

Exigent circumstances are an exception to the 4th Amendment requirement of a warrant as a necessity for law enforcement to conduct searches and seizures. Exigent circumstances apply when law enforcement has probable cause and insufficient time to obtain a warrant.

What Does Probable Cause Mean?

Probable cause are the legal standards that apply when a police officer exercises the right to make an arrest, obtain a warrant for an arrest, and/or conduct a personal or property search. Essentially, probable cause applies when a person is confronted with facts or circumstances that would lead any reasonable person to believe that a crime has been or will be committed.

Commonwealth v. Gary Shiem

In the case of Commonwealth v. Gary Shiem, the defendant was pulled over by Philadelphia police officers because of the excessively dark tint on his vehicle’s windows. Once the vehicle stop was in progress, the officers noticed a strong odor of marijuana coming from the car. When Mr. Shinn was asked by the officers if he was in possession of anything that they needed to be concerned about, he reportedly replied, “weed.” A drug detection dog was brought to the scene and indicated that marijuana was present. When the vehicle was searched, two pounds of marijuana was discovered underneath the hood.

Search Challenged At Trial

Once the case reached trial, the defense challenged the search by alleging that there was no probable cause, nor warrant or exigent circumstances. Ultimately, the case went all the way to the PA Supreme Court which ultimately upheld the ruling of the trial court. The trial court held that an exigent circumstance existed and therefore the suppression of the search which recovered the marijuana was denied.

 

All of the criminal defense attorneys at DRK Lawyers are former assistant district attorneys. We understand criminal cases and defense from both sides of the courtroom. We use our trial experience and knowledge of the government’s tactics to help defend our clients every day in the state of Pennsylvania. If you are facing criminal charges, please contact our team today. There is never a charge for your initial consultation.

Open Carry Gun Law & Firearm Restrictions In Pennsylvania

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For millions of people being able to protect yourself anywhere, at any time is part of being an American. The often cited Second Constitutional Amendment guarantees the right of U.S. Citizens to keep and bear arms. While the right to keep and bear arms is mandated at the federal level, each state is allowed to enact their own, specific gun laws.

Pennsylvania Firearm Laws

In Pennsylvania, we have strict state laws that mandate not only the type of firearms one may own but exactly who is allowed to possess them and where one may keep, carry and engage in the use of guns. Any violation of Pennsylvania guns laws can carry serious consequences, including lengthy prison sentences. When gun charges are added to violent crime charges, this can often result in the potential for increased jail time and penalties. In general, weapons charges in Pennsylvania are aggressively prosecuted.

Some of the actions prohibited by Pennsylvania law include:

  • Possession of a weapon while on parole or probation, or as a convicted felon
  • Illegal possession or sale of a firearm
  • Carrying a gun without proper permits
  • Possession of a concealed weapon without proper permit or license
  • Theft of a firearm
  • Possession of illegal firearms
  • Possessing a firearm with a altered serial number

Open Carry Vs Concealed Permit

Many Pennsylvanians are unaware that if you are 21 and over and legally own a gun, you can wear it openly on your person. Due to the state law that permits the practice known as open carry; this is perfectly legal.

For a registered gun owner to legally carry a firearm in a purse, bag or somewhere concealed on their person they must obtain a permit to carry a concealed weapon in order to be in compliance with the law.

Speak With Our Team Today

All of the criminal defense attorneys at DRK Lawyers are former assistant district attorneys. We understand criminal cases and defense from both sides of the courtroom. We use our trial experience and knowledge of the government’s tactics to help defend our clients every day in the state of Pennsylvania. If you are facing criminal charges, please contact our team today. There is no charge for your initial consultation.