Understanding the Criminal Justice Process in Pennsylvania: A Step-by-Step Guide

If you or a loved one are facing criminal charges in Pennsylvania, knowing what to expect can ease some of the uncertainty. The criminal process in Pennsylvania is complex, and each stage of the case can impact your future. Below is a step-by-step overview of how a criminal case generally proceeds in Luzerne County and throughout the Commonwealth.

1. Commission of a Crime

The process begins when an individual allegedly commits a crime.

2. Police Notification and Investigation

Police may be alerted to a crime through a witness, the alleged victim, or by observing the act themselves. Investigations typically include:

• Interviewing victims, witnesses, and suspects

• Collecting and analyzing physical evidence

• Photographing and measuring the crime scene

• Using photo arrays or lineups to identify suspects

3. Filing of the Criminal Complaint

Once enough evidence is gathered, police file a criminal complaint with the district magistrate. This document lists the charges and includes an Affidavit of Probable Cause explaining the basis for the charges.

4. Summons or Arrest Warrant

Depending on the seriousness of the offense, the magistrate issues either a summons (for less serious cases) or an arrest warrant.

5. Preliminary Arraignment

If arrested, the defendant appears before a magistrate for a preliminary arraignment. At this stage:

• The defendant receives a copy of the complaint

• Bail is set

• A preliminary hearing is scheduled within 3–10 days

6. Preliminary Hearing

At the preliminary hearing, prosecutors must establish a prima facie case — showing that a crime was committed and the defendant could be responsible. If successful, charges move forward to the Court of Common Pleas.

7. Criminal Information Filed

The District Attorney's Office files a formal charging document called an information, listing the specific offenses.

8. Formal Arraignment

At this stage, defendants are advised of their rights and deadlines for filing pretrial motions, such as motions to suppress evidence or request discovery.

9. Dispositional Hearing

In Luzerne County, a dispositional hearing allows defendants to enter guilty pleas or request entry into ARD (Accelerated Rehabilitative Disposition). Cases not resolved move to trial scheduling.

10. Call of the Criminal Trial List

The court reviews pending cases before the trial term. Defendants and their attorneys appear for motions, plea negotiations, or to confirm readiness for trial.

11. Trial Process in Pennsylvania

Defendants may choose a jury trial (12 citizens must unanimously decide the verdict) or a bench trial before a judge. The Commonwealth must prove guilt beyond a reasonable doubt.

Jury Selection (Voir Dire)

Jurors are questioned by attorneys and may be removed for cause or through limited peremptory strikes.

Jury Trial

• Prosecutor presents opening statement and witnesses

• Defense may cross-examine and present evidence

• Both sides deliver closing arguments

• Jury deliberates and reaches a unanimous verdict

Bench Trial

Proceedings follow the same structure, but the judge issues the verdict.

12. Guilty Plea Option

Defendants may waive trial and plead guilty. Judges confirm that the plea is voluntary and informed before scheduling sentencing.

13. Sentencing in Pennsylvania

If convicted, sentencing occurs after a presentence investigation report (PSI). Judges consider the Pennsylvania sentencing guidelines, though they are not binding. Some offenses carry mandatory minimums.

14. Appeals

After sentencing, defendants may appeal to the Pennsylvania Superior Court. If unsuccessful, a further discretionary appeal may be made to the Supreme Court of Pennsylvania.

Why You Need a Pennsylvania Criminal Defense Lawyer

Each stage of the criminal process has critical consequences. From bail to preliminary hearings, plea negotiations, and trial, having an experienced Pennsylvania criminal defense attorney ensures your rights are protected and your defense is presented effectively.

Contact Sklarosky Law Today

If you or a loved one are facing criminal charges in Luzerne County or anywhere in Pennsylvania, contact Sklarosky Law at (570) 283-1200 or use our online contact form. Criminal charges can have life-altering consequences — don't face them alone.