My son (or other family member) was just arrested. What happens next? And how does bail work?   

Once you’ve been arrested (i.e., actually taken into custody), you will attend a “preliminary arraignment” before a Magisterial District Judge generally within 24 hours. At the arraignment, the Judge will decide your bail. In cases involving relatively minor offenses and/or where the accused does not have a significant criminal record, he may receive an ROR bail (which means release on your own recognizance) or a Non-monetary bail (which usually means you don’t need to pay money before you are released, but will still need to comply with certain conditions, such as having no contact with the alleged victim). Generally speaking, and assuming there is nothing other than the new charges holding him in jail, the effect of an ROR or Non-monetary bail is that he will be released following his arraignment. 

However, if the Judge sets a monetary bail, then you will need to pay money to either the Court or a bail bondsman before he is released. In many cases, the amount you need to pay to secure his release is actually much less than the face value of the bail amount. For example, in a fairly typical situation, a person who is in jail on a $10,000 bail might be able to pay a bail bondsman $500 to effect their release. While this is a quick overview, issues involving bail can implicate fairly complex technical issues. It’s important that you speak directly with an attorney and/or the bail bondsman to get a complete understanding of the process. 

If you need to contact a bail bondsman, listed below are some bail agencies that serve Western Pennsylvania. Please note that we’re not endorsing any particular agency; rather, we are simply providing you with the agencies’ names and website links to get you started. Most county jails also provide name and contact information for local bail agencies. 

Diane Tressa Bail Bonds

Freedom Fast Bail

Liberty Bail Bonds 

Mirolli Bail Bonds

What are the important documents in a criminal case? 

When charges are first filed, the most important documents are the criminal complaint and accompanying affidavit of probable cause. During your first meeting with your attorney, you should bring these documents with you. These two documents identify the charges against you, the grading (i.e., severity) of those charges, and a brief summary of the fact allegations supporting the charges. 

If the case proceeds past the preliminary hearing, you can expect to receive additional documents around the time of the formal arraignment. This collection of documents is commonly referred to as your “Discovery.” The Discovery should include all supplemental police reports, crime lab reports, etc., that describe the evidence that the government intends to introduce against you should the case go to trial. It should also include any exculpatory evidence (meaning evidence that could actually benefit the accused at trial). It’s important that you and your counsel timely review the discovery to ensure that it’s complete. If not, your attorney may need to file a Motion requesting that the Court Order the Commonwealth to give you the requested materials. 

In addition to the documents provided by the Government, in an appropriate case, you and your counsel may want to collect additional evidence, such as 911 Transcripts, witness statements, reports written by experts, etc. 

What is the difference between a Summary, Misdemeanor, and Felony offense? 

Summary offenses are the least serious. Generally speaking, even if you’re convicted of a summary offense, you aren’t realistically looking at jail time (with the notable exception of certain Driving under a suspended license offenses). A summary conviction, however, does remain on your record for at least 5 years. Disorderly conduct (summary level) and Public drunkenness are examples of summary offenses. 

Misdemeanor offenses are a category above summary offenses. Further, there are 4 levels of Misdemeanor offenses: Misdemeanors of the First, Second, and Third Degree as well as Ungraded misdemeanors. A Misdemeanor of the First Degree is the most serious, and carries a maximum punishment of 5 years in jail. A Second Degree Misdemeanor carries a maximum sentence of 2 years, while a Third Degree Misdemeanor and many Ungraded Misdemeanors carry a maximum penalty of 1 year. Misdemeanors generally cannot be expunged from your record (though a piece of recently passed legislation does allow certain people to obtain a partial expungement of a Misdemeanor of the Second or Third Degree conviction). A Misdemeanor conviction also carries many more collateral consequences than a summary, and thus can seriously hurt future employment prospects.

Felony offenses are the most serious. Most Felonies fall within 1 of 3 categories: First Degree Felonies, which carry a maximum sentence of 20 years in prison; Second Degree Felonies, which carry a maximum sentence of 10 years; and Third Degree Felonies, which carry a maximum of 7 years. Felony convictions also generally cannot be expunged from your record. 

How long does a criminal case take from start to finish? 

If you’re charged with a Misdemeanor of Felony offense, the chart below shows the typical timeline governing an Allegheny County criminal case. Of course, if/when either side requests a postponement of a court date, this will modify the timeline.

Criminal Case Timeline 

1. Preliminary Arraignment (generally within 24 hours of arrest)
2. Preliminary Hearing (generally within 10 days of arrest if bail is set; otherwise, within a few weeks)
3. Formal Arraignment (generally within 6 weeks of the preliminary hearing)
4. Pre-trial Conference (generally within 3 weeks)
5. Trial (first listing generally within 2 months)
6. Sentencing (generally same date as the trial / hearing, but if not, then within 90 days) CASE OVER!

From beginning to end, then, the process generally takes at least 3-4 months.  And depending on the courtroom, your attorney, and the case's complexity, it can take much longer.  

 While cases in other counties follow a similar path, the processes in other counties have their own unique wrinkles as well. For example, in many counties, you don’t need to attend the formal arraignment; rather, you may waive your right to an arraignment at the preliminary hearing, and your next court date will then be a step further along in the process. Also, some Counties – such as Washington County – fast-track relatively minor cases, meaning that, following your preliminary hearing, your next hearing date will be the plea hearing, where your case will resolve. To offer one additional example of a different procedure, many Counties also initially schedule plea hearings instead of a trial date, so that, if you wish, you may resolve your case ahead of the trial date.

 Do I have a right to a speedy trial? 

Yes, albeit a limited one. Pennsylvania law limits the amount of time within which you must be tried. While there are many exceptions, the general rule is that you must be tried within 365 days of the date the criminal complaint was filed against you. If you aren’t timely tried, you may be able to move for dismissal of the charges. Further, if you are incarcerated on the charges, the government must try you within 180 days of the complaint filing date; failing that, you may be entitled to be released on bail. While it’s important to understand these rights, it’s also important to understand that, given the number of exceptions to this rule, very few cases are actually dismissed based on a violation of an accused’s right to a speedy trial. 

I just received my charges in the mail. What happens next? 

If you’re charged with a summary offense(s) only and you want to contest the charge, you must follow the instructions and notify the Magisterial District Judge’s office that you wish to enter a plea of not guilty. After that, you will generally have only one court hearing, which will be your actual trial. If you are unhappy with the result at your summary trial, you then have a right to file an appeal to the Court of Common Pleas. If you are charged with a Misdemeanor offense, on the other hand, you should also receive notice of your preliminary hearing date. You should immediately retain counsel and plan to attend the hearing. 

As a person accused of a crime, what are my rights? 

Under the United States and Pennsylvania Constitutions, a person accused of a crime has several critically important rights. These rights have been recognized and defined by American courts over a period of centuries. An experienced criminal defense attorney can ensure that these rights are properly protected. Here is a list of some of the most important rights:

Right to Privacy

If the Police ask for your consent to search your person, car, or home without a warrant, you do not have to provide it. 

Right Against Self-incrimination

If the Police ask you to come in for an interview or attempt to question you after you are placed under arrest, you can decline or refuse to answer the Police questions.

Right to Counsel

Once you are arrested and/or once criminal charges have been filed, if the Police try to ask you for an interview or question you, you can invoke your Right To Counsel; once you do, the Police must respect your request and refrain from questioning you further. 

Right to confront the Witnesses Against You

You and your counsel generally have the right to fully cross-examine the government’s witnesses at trial. 

How much time will I get if I’m convicted of this charge?

The answer to this question depends on many, many inter-related factors, including the strength and seriousness of the charges as well as your prior criminal history. You need to speak with counsel to get an informed opinion. 

What happens at a preliminary hearing? And do I need a lawyer for the preliminary hearing?

A preliminary hearing can serve many important goals for the defense. And, yes, you absolutely should retain a lawyer. 

Before the hearing, for example, your counsel can meet with the police officers and/or assistant district attorney to try and negotiate a reduction or even complete withdrawal of the charges. If that’s not an option, however, you can exercise your right to a hearing. 

At the hearing, you have the opportunity to cross-examine the government’s witnesses. This can not only help you to better understand the evidence against you, but can also help to expose an untruthful witness who tells an inconsistent story, or perhaps has a strong motive to lie. In fact, in a serious case, effective cross-examination at the preliminary hearing is an invaluable trial-preparation tool. 

Following the hearing, your counsel can argue for dismissal of some or all of the charges if appropriate. If incarcerated, your counsel may also have the opportunity to argue for a reduction of bail at that time. 

How does ARD work?

The procedures governing the ARD program differ from county to county. This is so because each County District Attorney’s Office generally has the discretion to determine what applicants they want to admit or deny entry into the ARD program, and certain Offices may exercise that discretion differently than others. For instance, while some counties may regularly accept people charged with assault or theft charges into the ARD program, others may not. It also bears mention that every case gets reviewed individually. This means that the offense charged, itself, is not necessarily determinative. For example, certain charges that might not typically qualify for ARD consideration may nevertheless be accepted into the ARD program under unique circumstances (likely as a result of effective advocacy from your attorney). Conversely, while most people with no criminal history facing a DUI charge will be offered entry into the ARD program, the presence of aggravating circumstances – such as having a child in the car, or a severe accident – may cause the District Attorney’s Office to refuse a person entry into ARD.

The typical ARD case timeline is significantly shortened. For example, in Allegheny County, you will still have your preliminary hearing followed by a formal arraignment. However, rather than have your case proceed with a pre-trial conference and trial, your case will be diverted following the formal arraignment and move straight to the ARD hearing. At the hearing, the prosecution will officially request that the Court admit you into the program, and, assuming the Court grants the request (which almost always happens), you will officially enter the program that day. In other counties, in contrast, you may even skip the formal arraignment and proceed directly to the ARD hearing, thus shortening the process even further. 

The ARD program’s conditions generally include a 6 to 12 month probation period, payment of fines and costs, community service, and, in DUI cases, alcohol and safe driving classes. 

How do I get into the ARD Program? 

To be frank, in many cases, assuming you are eligible, the Commonwealth may offer you the program automatically. That said, the wise choice is still to retain experienced counsel. For one thing, not every ARD resolution is equal. Even if you are granted ARD, you may still face a license suspension. In an appropriate case, with counsel on your side, you may be able to negotiate a shorter license suspension, or even eliminate the suspension entirely. Moreover, in many cases, the prosecutor may not initially offer ARD. If you think you might be eligible, and you want to gain access into the program, you need effective counsel to advocate your position. Finally, even if ARD is offered from the get-go, having competent counsel on your side can ensure that the process runs smoothly, and help alleviate the fear and anxiety associated with having a criminal case hanging over your head as it slowly runs its course.