reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part F - Procedures Following a Case Held for Court › Rule 564 - Amendment of Information

Current through Register Vol. 54, No. 28, July 13, 2024
The court may allow an information to be amended, provided
				  that the information as amended does not charge offenses arising from a
				  different set of events and that the amended charges are not so materially
				  different from the original charge that the defendant would be unfairly
				  prejudiced. Upon amendment, the court may grant such postponement of trial or
				  other relief as is necessary in the interests of justice.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part F - Procedures Following a Case Held for Court › Rule 565 - Presentation of Information Without Preliminary Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When the attorney for the Commonwealth
				certifies to the court of common pleas that a preliminary hearing cannot be
				held for a defendant for good cause, the court may grant leave to the attorney
				for the Commonwealth to file an information with the court without a
				preliminary hearing.
(B) When a
				juvenile has been transferred for prosecution as an adult, the attorney for the
				Commonwealth may file an information with the court without a preliminary
				hearing.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part F - Procedures Following a Case Held for Court › Rule 566 - Application of Indictment Statutes to Information

Current through Register Vol. 54, No. 28, July 13, 2024
The term "indictment" in any statute shall be construed to
				  include the term "information" unless the purpose of the statute manifestly
				  relates only to indictment by grand jury.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part F - Procedures Following a Case Held for Court › Rule 567 - Notice of Alibi Defense

Current through Register Vol. 54, No. 28, July 13, 2024
(A) NOTICE BY DEFENDANT
A defendant who intends to offer the defense of alibi at
				  trial shall file with the clerk of courts not later than the time required for
				  filing the omnibus pretrial motion provided in Rule 579 a notice specifying an
				  intention to offer an alibi defense, and shall serve a copy of the notice and a
				  certificate of service on the attorney for the Commonwealth.
(1) The notice and a certificate of service
				shall be signed by the attorney for the defendant, or the defendant if
				unrepresented.
(2) The notice shall
				contain specific information as to the place or places where the defendant
				claims to have been at the time of the alleged offense and the names and
				addresses of the witnesses whom the defendant intends to call in support of the
				claim.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part F - Procedures Following a Case Held for Court › Rule 568 - Notice of Defense of Insanity or Mental Infirmity; Notice of Expert Evidence of a Mental Condition

Current through Register Vol. 54, No. 28, July 13, 2024
(A) NOTICE BY DEFENDANT
(1) Notice of Defense of Insanity or Mental
				Infirmity
A defendant who intends to offer at trial the defense of
				  insanity or mental infirmity shall file with the clerk of courts not later than
				  the time required for filing an omnibus pretrial motion provided in Rule 579 a
				  notice of the intention to offer the defense of insanity or mental infirmity,
				  and shall serve a copy of the notice and a certificate of service on the
				  attorney for the Commonwealth.
(a) The
				notice and certificate shall be signed by the attorney for the defendant, or
				the defendant if unrepresented.
(b)
				The notice shall contain specific available information as to the nature and
				extent of the alleged insanity or mental infirmity, the period of time that the
				defendant allegedly suffered from such insanity or mental infirmity, and the
				names and addresses of witnesses, expert or otherwise, whom the defendant
				intends to call to establish such defense.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part F - Procedures Following a Case Held for Court › Rule 569 - Examination of Defendant by Mental Health Expert

Current through Register Vol. 54, No. 28, July 13, 2024
(A) EXAMINATION OF DEFENDANT
(1) BY AGREEMENT
(a) The defendant, defendant's counsel, and
				the attorney for the Commonwealth may agree to an examination of the defendant
				by the mental health expert(s) designated in the agreement.
(b) The agreement shall be in writing and
				signed by the defendant, defendant's counsel, and the attorney for the
				Commonwealth, or made orally on the record.
(c) Unless otherwise agreed, the mental
				health expert(s) promptly shall prepare a written report stating the subject
				matter, the substance of the facts relied upon, and a summary of the expert's
				opinions and the grounds for each opinion.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G - Procedures Following Filing of Information › Rule 570 - Pretrial Conference

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				At any time after the filing of an information, upon motion, or upon its own
				motion, the court may order the attorney for the Commonwealth and the defense
				attorney or the pro se defendant to appear before it for a conference in open
				court, unless agreed by the defendant to be in chambers, to consider:
(1) The terms and procedures for pretrial
				discovery and inspection;
(2) The
				simplification or stipulation of factual issues, including admissibility of
				evidence;
(3) The qualification of
				exhibits as evidence to avoid unnecessary delay;
(4) The number of witnesses who are to give
				testimony of a cumulative nature;
(5) The defenses of alibi and insanity, as to
				which appropriate rulings may be made; and
(6) such other matters as may aid in the
				disposition of the proceeding.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G - Procedures Following Filing of Information › Rule 571 - Arraignment

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Except as
				otherwise provided in paragraph (D), arraignment shall be in such form and
				manner as provided by local court rule. Notice of arraignment shall be given to
				the defendant as provided in Rule 114 or by first class mail. Unless otherwise
				provided by local court rule, or postponed by the court for cause shown,
				arraignment shall take place no later than 10 days after the information has
				been filed.
(B) In the discretion
				of the court, the arraignment of the defendant may be conducted by using
				two-way simultaneous audio-visual communication. When the counsel for the
				defendant is present, the defendant must be permitted to communicate fully and
				confidentially with defense counsel immediately prior to and during the
				arraignment.
(C) At arraignment,
				the defendant shall be advised:
(1) of the
				right to be represented by counsel;
(2) of the nature of the charges contained in
				the information;
(3) of the right
				to file motions, including a Request for a Bill of Particulars, a Motion for
				Pretrial Discovery and Inspection, a Motion Requesting Transfer from Criminal
				Proceedings to Juvenile Proceedings Pursuant to
				42 Pa.C.S. §
											6322,
				and an Omnibus Pretrial Motion, and the time limits within which the motions
				must be filed; and.
(4) if the
				defendant fails to appear without cause at any proceeding for which the
				defendant's presence is required, including trial, that the defendant's absence
				may be deemed a waiver of the right to be present, and the proceeding may be
				conducted in the defendant's absence.
If the defendant or counsel has not received a copy of the
				  information(s) pursuant to Rule 562, a copy thereof shall be provided.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G - Procedures Following Filing of Information › Rule 572 - Bill of Particulars

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
				request for a bill of particulars shall be served in writing by the defendant
				upon the attorney for the Commonwealth within 7 days following arraignment. The
				request shall promptly be filed and served as provided in Rule 576.
(B) The request shall set forth the specific
				particulars sought by the defendant, and the reasons why the particulars are
				requested.
(C) Upon failure or
				refusal of the attorney for the Commonwealth to furnish a bill of particulars
				after service of a request, the defendant may make written motion for relief to
				the court within 7 days after such failure or refusal. If further particulars
				are desired after an original bill of particulars has been furnished, a motion
				therefor may be made to the court within 5 days after the original bill is
				furnished.
(D) When a motion for
				relief is made, the court may make such order as it deems necessary in the
				interests of justice.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G - Procedures Following Filing of Information › Rule 573 - Pretrial Discovery and Inspection

Current through Register Vol. 54, No. 28, July 13, 2024
(A) INFORMAL
Before any disclosure or discovery can be sought under these
				  rules by either party, counsel for the parties shall make a good faith effort
				  to resolve all questions of discovery, and to provide information required or
				  requested under these rules as to which there is no dispute. When there are
				  items requested by one party which the other party has refused to disclose, the
				  demanding party may make appropriate motion. Such motion shall be made within
				  14 days after arraignment, unless the time for filing is extended by the court.
				  In such motion the party must set forth the fact that a good faith effort to
				  discuss the requested material has taken place and proved unsuccessful. Nothing
				  in this provision shall delay the disclosure of any items agreed upon by the
				  parties pending resolution of any motion for discovery.
(B) DISCLOSURE BY THE COMMONWEALTH
(1) MANDATORY:
In all court cases, on request by the defendant, and subject
				  to any protective order which the Commonwealth might obtain under this rule,
				  the Commonwealth shall disclose to the defendant's attorney all of the
				  following requested items or information, provided they are material to the
				  instant case. The Commonwealth shall, when applicable, permit the defendant's
				  attorney to inspect and copy or photograph such items.
(a) Any evidence favorable to the accused
				that is material either to guilt or to punishment, and is within the possession
				or control of the attorney for the Commonwealth;
(b) any written confession or inculpatory
				statement, or the substance of any oral confession or inculpatory statement,
				and the identity of the person to whom the confession or inculpatory statement
				was made that is in the possession or control of the attorney for the
				Commonwealth;
(c) The defendant's
				prior criminal record;
(d) The
				circumstances and results of any identification of the defendant by voice,
				photograph, or in-person identification;
(e) any results or reports of scientific
				tests, expert opinions, and written or recorded reports of polygraph
				examinations or other physical or mental examinations of the defendant that are
				within the possession or control of the attorney for the
				Commonwealth;
(f) any tangible
				objects, including documents, photographs, fingerprints, or other tangible
				evidence; and
(g) The transcripts
				and recordings of any electronic surveillance, and the authority by which the
				said transcripts and recordings were obtained.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G - Procedures Following Filing of Information › Rule 574 - Forensic Laboratory Report; Certification in Lieu of Expert Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				In any trial, the attorney for the Commonwealth may seek to offer into evidence
				a forensic laboratory report supported by a certification, as provided in
				paragraph (E), in lieu of testimony by the person who performed the analysis or
				examination that is the subject of the report.
(B)
Notice
(1) If the attorney for the Commonwealth
				intends to offer the forensic laboratory report and accompanying certification
				as provided in paragraph (A) as evidence at trial, the attorney for the
				Commonwealth shall file and serve, as provided in Rule 576, upon the
				defendant's attorney or, if unrepresented, the defendant a written notice of
				that fact at the time of the disclosure of the report but no later than 20 days
				prior to the start of trial.
(2)
				The notice shall include a statement informing the defendant that, as provided
				in paragraph (C)(3), if no written demand for testimony by the person who
				performed the analysis or examination that is the subject of the forensic
				laboratory report is made within 10 days of the service of the notice, the
				forensic laboratory report and accompanying certification are admissible in
				evidence without the person who performed the analysis or examination
				testifying.
(3) Except as provided
				in paragraph (C), the laboratory report and accompanying certification are
				admissible in evidence to the same effect as if the person who performed the
				analysis or examination had personally testified.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G - Procedures Following Filing of Information › Rule 574 - Forensic Laboratory Report; Certification In Lieu of Expert Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In any trial,
				the attorney for the Commonwealth may seek to offer into evidence a forensic
				laboratory report supported by a certification, as provided in subdivision (e)
				, in lieu of testimony by the person who performed the analysis or examination
				th at is the subject of the report.
(b)
Notice
.
(1) If the attorney for the Commonwealth
				intends to offer the forensic laboratory report and accompanying certification
				as provided in subdivision (a) as evidence at trial, the attorney for the
				Commonwealth shall file and serve, as provided in Rule 576, upon the
				defendant's attorney or, if unrepresented, the defendant a written notice of
				that fact at the time of the disclosure of the report but no later than 20 days
				prior to the start of trial.
(2)
				The notice shall include a statement informing the defendant that, as provided
				in subdivision (c)(3), if no written demand for testimony by the person who
				performed the analysis or examination that is the subject of the forensic
				laboratory report is made within 10 days of the service of the notice, the
				forensic laboratory report and accompanying certification are admissible in
				evidence without the person who performed the analysis or examination
				testifying.
(3) Except as provided
				in subdivision (c), the laboratory report and accompanying certification are
				admissible in evidence to the same effect as if the person who performed the
				analysis or examination had personally testified.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 575 - Motions and Answers

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				MOTIONS
(1) All motions shall be in writing,
				except as permitted by the court or when made in open court during a trial or
				hearing.
(2) A written motion shall
				comply with the following requirements:
(a)
				The motion shall be signed by the person or attorney making the motion. The
				signature of an attorney shall constitute a certification that the attorney has
				read the motion, that to the best of the attorney's knowledge, information, and
				belief there is good ground to support the motion, and that it is not
				interposed for delay. The motion also shall contain a certification that the
				motion complies with the provisions of the
Case Records Public Access
				Policy of the Unified Judicial System of Pennsylvania
regarding
				confidential information and documents.
(b) The motion shall include the court,
				caption, term, and number of the case in which relief is requested.
(c) The motion shall state with particularity
				the grounds for the motion, the facts that support each ground, and the types
				of relief or order requested.
(d)
				The motion shall be divided into consecutively numbered paragraphs, each
				containing only one material allegation as far as practicable.
(e) The motion shall include any requests for
				hearing or argument, or both.
(f)
				The motion shall include a certificate of service as required by Rule
				576(b)(4).
(g) If the motion sets
				forth facts that do not already appear of record in the case, the motion shall
				be verified by the sworn affidavit of some person having knowledge of the facts
				or by the unsworn written statement of such a person that the facts are
				verified subject to the penalties for unsworn falsification to authorities
				under the Crimes Code § 4904,
				18 Pa.C.S. §
												4904.
(3) The failure, in any motion, to state a
				type of relief or a ground therefor shall constitute a waiver of such relief or
				ground.
(4) Any motion may request
				such alternative relief as may be appropriate.
(5) Rules to Show Cause and Rules Returnable
				are abolished. Notices of hearings are to be provided pursuant to Rules 114(B)
				and 577(A)(2).
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 576 - Filing and Service by Parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Filing.
(1) All written motions and any written
				answers, and any notices or documents for which filing is required, shall be
				filed with the clerk of courts.
(2)
				Filing shall be:
(i) by personal delivery to
				the clerk of courts;
(ii) by mail
				addressed to the clerk of courts. Except as provided by law, filing by mail
				shall be timely only when actually received by the clerk of courts within the
				time fixed for filing; or,
(iii) in
				a judicial district that permits electronic filing pursuant to Rule
				576.1, as provided in Rule
				576.1 (E).
(3) The clerk of courts shall accept all
				written motions, answers, notices, or documents presented for filing. When a
				document, which is filed pursuant to subdivision (a)(1), is received by the
				clerk of courts, the clerk shall time stamp it with the date of receipt and
				make a docket entry reflecting the date of receipt, and promptly shall place
				the document in the criminal case file.
(4) In any case in which a defendant is
				represented by an attorney, if the defendant submits for filing a written
				motion, notice, or document that has not been signed by the defendant's
				attorney, the clerk of courts shall accept it for filing, time stamp it with
				the date of receipt and make a docket entry reflecting the date of receipt, and
				place the document in the criminal case file. A copy of the time stamped
				document shall be forwarded to the defendant's attorney and the attorney for
				the Commonwealth within 10 days of receipt.
(5) If a defendant submits a document
pro se
to a judge without filing it with the clerk of courts,
				and the document requests some form of cognizable legal relief, the judge
				promptly shall forward the document to the clerk of courts for filing and
				processing in accordance with this rule.
(6) Unified Practice. Any local rule that is
				inconsistent with the provisions of this rule is prohibited, including any
				local rule requiring that a document has to be presented in person before
				filing or requiring review by a court or court administrator before a document
				may be filed.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 576.1 - Electronic Filing and Service of Legal Papers

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The president judge of a judicial
				district by local rule promulgated pursuant to Rule 105 and Rule of Judicial
				Administration 103 may authorize electronic filing of legal papers with the
				clerk of courts in cases in the courts of common pleas and in the Philadelphia
				Municipal Court through the statewide electronic filing system as provided in
				this rule.
(B)
Local
				Rule
(1) The local rule required
				under this rule shall include the following provisions:
(a) subject to the provisions in paragraph
				(B)(2), a statement that the electronic filing system is permissive and specify
				the legal papers subject to the rule, but in no case shall legal papers
				prohibited from being filed electronically by this rule be permitted to be
				filed electronically;
(b) a
				provision for the procedures to ensure that any party who declines to
				participate in the system, or who is unable to electronically file or accept
				service of legal papers which were filed electronically, or who is otherwise
				unable to access the system, at a minimum, shall be able to file legal papers
				in a physical paper format and be served legal papers in a physical format
				which were electronically filed;
(c) any additional provisions as the court
				may deem necessary to provide a full and complete procedure for the use of the
				system within the judicial district; and
(d) a notation that the Administrative Office
				of Pennsylvania Courts and the judicial district have agreed upon an
				implementation plan for PACFile in the judicial district.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 577 - Procedures Following Filing of Motion

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Following the filing of a motion,
(1) if the judge determines an answer is
				necessary, the court may order a written answer, or it may order an oral
				response at the time of a hearing or argument on a motion. Any written order
				shall be filed, a docket entry made, and served by the clerk of courts pursuant
				to Rule 114(B), (C), and (D).
(2)
				If the judge determines the motion requires a hearing or argument, the court or
				the court administrator shall schedule the date and time for the hearing or
				argument. Pursuant to Rule 114(B)(2), notice of the date and time for the
				hearing or argument shall be served by the clerk of courts, unless the
				president judge has designated the court or court administrator to serve these
				notices.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 578 - Omnibus Pretrial Motion for Relief

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise required in the interests of justice, all
				  pretrial requests for relief shall be included in one omnibus
				  motion.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 579 - Time for Omnibus Pretrial Motion and Service

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Except as otherwise provided in these
				rules, the omnibus pretrial motion for relief shall be filed and served within
				30 days after arraignment, unless opportunity therefor did not exist, or the
				defendant or defense attorney, or the attorney for the Commonwealth, was not
				aware of the grounds for the motion, or unless the time for filing has been
				extended by the court for cause shown.
(B) Copies of all pretrial motions shall be
				served in accordance with Rule 576.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 580 - Disposition of Pretrial Motions

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise provided in these rules, all pretrial
				  motions shall be determined before trial. Trial shall be postponed by the court
				  for the determination of pretrial motions, if necessary.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 581 - Suppression of Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				The defendant's attorney, or the defendent if unrepresented, may make a motion
				to the court to suppress any evidence alleged to have been obtained in
				violation of the defendant's rights.
(B) Unless the opportunity did not previously
				exist, or the interests of justice otherwise require, such motion shall be made
				only after a case has been returned to court and shall be contained in the
				omnibus pretrial motion set forth in Rule 578. If timely motion is not made
				hereunder, the issue of suppression of such evidence shall be deemed to be
				waived.
(C) Such motion shall be
				made to the court of the county in which the prosecution is pending.
(D) The motion shall state specifically and
				with particularity the evidence sought to be suppressed, the grounds for
				suppression, and the facts and events in support thereof.
(E) A hearing shall be scheduled in
				accordance with Rule 577 (Procedures Following Filing of Motion). A hearing may
				be either prior to or at trial, and shall afford the attorney for the
				Commonwealth a reasonable opportunity for investigation. The judge shall enter
				such interim order as may be appropriate in the interests of justice and the
				expeditious disposition of criminal cases.
(F) The hearing, either before or at trial,
				ordinarily shall be held in open court. The hearing shall be held outside the
				presence of the jury. In all cases, the court may make such order concerning
				publicity of the proceedings as it deems appropriate under Rules 110 and
				111.
(G) A record shall be made of
				all evidence adduced at the hearing.
(H) The Commonwealth shall have the burden of
				going forward with the evidence and of establishing that the challenged
				evidence was not obtained in violation of the defendant's rights. The defendant
				may testify at such hearing, and if the defendant does testify, the defendant
				does not thereby waive the right to remain silent during trial.
(I) At the conclusion of the hearing, the
				judge shall enter on the record a statement of findings of fact and conclusions
				of law as to whether the evidence was obtained in violation of the defendant's
				rights, or in violation of these rules or any statute, and shall make an order
				granting or denying the relief sought.
(J) If the court determines that the evidence
				shall not be suppressed, such determination shall be final, conclusive, and
				binding at trial, except upon a showing of evidence which was theretofore
				unavailable, but nothing herein shall prevent a defendant from opposing such
				evidence at trial upon any ground except its suppressibility.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 582 - Joinder-Trial of Separate Indictments or Informations

Current through Register Vol. 54, No. 28, July 13, 2024
(A) STANDARDS
(1) Offenses charged in separate indictments
				or informations may be tried together if:
(a)
				The evidence of each of the offenses would be admissible in a separate trial
				for the other and is capable of separation by the jury so that there is no
				danger of confusion; or
(b) The
				offenses charged are based on the same act or transaction.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 583 - Severance of Offenses or Defendants

Current through Register Vol. 54, No. 28, July 13, 2024
The court may order separate trials of offenses or
				  defendants, or provide other appropriate relief, if it appears that any party
				  may be prejudiced by offenses or defendants being tried
				  together.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 584 - Motion for Change of Venue or Change of Venire

Current through Register Vol. 54, No. 28, July 13, 2024
(A) All motions for change of venue or for
				change of venire shall be made to the court in which the case is currently
				pending. Venue or venire may be changed by that court when it is determined
				after hearing that a fair and impartial trial cannot otherwise be had in the
				county where the case is currently pending.
(B) An order for change of venue or venire
				shall be certified forthwith to the Supreme Court. The Supreme Court shall
				designate and notify the county of transfer or the county from which the jury
				is to be impanelled. Unless otherwise ordered by the Supreme Court, a judge
				from the county in which the complaint was filed shall preside over all
				proceedings in the trial court.
(C)
				Whenever a change of venue has been ordered, the docket entries and all
				original papers in the proceedings shall be certified and transmitted to the
				clerk of courts of the county of transfer immediately prior to trial.
(D) Whenever a change of venire has been
				ordered, the jury shall be summoned, selected, and impanelled in the designated
				county of impanelment. The trial judge shall conduct the voir dire, unless
				otherwise ordered by the Supreme Court. The jury shall be transported to the
				county of the court where the case is currently pending.
(E) All costs accruing from a change of venue
				or from a change or venire shall be paid by the county in which the complaint
				was filed.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 585 - Nolle Prosequi

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Upon motion of the attorney for the Commonwealth, the court may, in open court,
				order a nolle prosequi of one or more charges notwithstanding the objection of
				any person.
(B) Upon a nolle
				prosequi, costs may be imposed as the court may direct.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 586 - Court Dismissal Upon Satisfaction or Agreement

Current through Register Vol. 54, No. 28, July 13, 2024
When a defendant is charged with an offense which is not
				  alleged to have been committed by force or violence or threat thereof, the
				  court may order the case to be dismissed upon motion and a showing that:
(1) The public interest will not be adversely
				affected; and
(2) The attorney for
				the Commonwealth consents to the dismissal; and
(3) satisfaction has been made to the
				aggrieved person or there is an agreement that satisfaction will be made to the
				aggrieved person; and
(4) There is
				an agreement as to who shall pay the costs.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 587 - Motion for Dismissal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Untimely Filing of
				Information
.
(1) Upon motion and a
				showing that an information has not been filed within a reasonable time, the
				court may order dismissal of the prosecution, or in lieu thereof, make such
				other order as shall be appropriate in the interests of justice.
(2) The attorney for the Commonwealth shall
				be afforded an opportunity to respond.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 588 - Motion for Return of Property

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A person aggrieved by a search and
				seizure, whether or not executed pursuant to a warrant, may move for the return
				of the property on the ground that he or she is entitled to lawful possession
				thereof. Such motion shall be filed in the court of common pleas for the
				judicial district in which the property was seized.
(B) The judge hearing such motion shall
				receive evidence on any issue of fact necessary to the decision thereon. If the
				motion is granted, the property shall be restored unless the court determines
				that such property is contraband, in which case the court may order the
				property to be forfeited.
(C) A
				motion to suppress evidence under Rule 581 may be joined with a motion under
				this rule.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part G(1) - Motion Procedures › Rule 589 - Pretrial Disposition of Summary Offenses Joined with Misdemeanor, Felony, or Murder Charges

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				In any case in which a summary offense is joined with a misdemeanor, felony, or
				murder charge, and therefore is part of the court case, when there is a
				dismissal of all misdemeanor, felony, and murder charges, unless the
				Commonwealth appeals the disposition, the trial judge shall dispose of the
				summary offense.
(B) In any case in
				which all the misdemeanor, felony, and murder charges are withdrawn pursuant to
				Rule 561, any remaining summary offenses shall be disposed of in the court of
				common pleas.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part H - Plea Procedures › Rule 590 - Pleas and Plea Agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(A) GENERALLY.
(1) Pleas shall be taken in open
				court.
(2) A defendant may plead
				not guilty, guilty, or, with the consent of the judge, nolo contendere. If the
				defendant refuses to plead, the judge shall enter a plea of not guilty on the
				defendant's behalf.
(3) The judge
				may refuse to accept a plea of guilty or nolo contendere, and shall not accept
				it unless the judge determines after inquiry of the defendant that the plea is
				voluntarily and understandingly tendered. Such inquiry shall appear on the
				record.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part H - Plea Procedures › Rule 591 - Withdrawal of Plea of Guilty or Nolo Contendere

Current through Register Vol. 54, No. 28, July 13, 2024
(A) At any time before the imposition of
				sentence, the court may, in its discretion, permit, upon motion of the
				defendant, or direct, sua sponte, the withdrawal of a plea of guilty or nolo
				contendere and the substitution of a plea of not guilty.
(B) When a defendant moves for the withdrawal
				of a plea of guilty or nolo contendere, the attorney for the Commonwealth shall
				be given 10 days to respond.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part I - Procedures for Transfer from Criminal Proceedings to Juvenile Proceedings › Rule 595 - Mandatory Status Conference

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				In all cases in which the defendant was under the age of 18 at the time of the
				commission of the alleged offense and charged with one of the offenses excluded
				from the definition of "delinquent act" in paragraphs (2)(i), (2)(ii), and
				(2)(iii) of
				42 Pa.C.S. §
										6302,
				the judge shall hold a status conference.
(1)
				The status conference shall be held no later than 40 days after the
				arraignment.
(2) The defendant, the
				defendant's attorney, and the attorney for the Commonwealth shall be present at
				the status conference.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part I - Procedures for Transfer from Criminal Proceedings to Juvenile Proceedings › Rule 596 - Motion Requesting Transfer from Criminal Proceedings to Juvenile Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
A request for the transfer from criminal proceedings to
				  juvenile proceedings in a case in which the defendant was under the age of 18
				  at the time of the commission of the alleged offense and charged with one of
				  the offenses excluded from the definition of "delinquent act" in paragraphs
				  (2)(i), (2)(ii), and (2)(iii) of
				  42 Pa.C.S. §
										6302
				  shall be made in the form of a motion.
(1) Any motion under this rule shall be filed
				after the preliminary hearing but not later than 30 days after
				arraignment.
(2) The motion shall
				be filed with the clerk of courts.
(3) A copy of the motion shall be served on
				the attorney for the Commonwealth concurrently with filing.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part I - Procedures for Transfer from Criminal Proceedings to Juvenile Proceedings › Rule 597 - Procedures Following the Filing of a Motion Requesting Transfer from Criminal Proceedings to Juvenile Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(A) If the judge at the status conference
				conducted pursuant to Rule 595 determines the motion for transfer is not ready
				to be heard, the judge shall schedule additional status conferences no later
				than every 60 days after the first status conference until the motion for
				transfer is ready to be heard. At the status conference, the parties shall
				advise the judge of the status of all matters pertinent to whether the motion
				for transfer is ready to be heard.
(B) When the judge determines the motion for
				transfer is ready to be heard, the judge shall schedule the hearing on the
				motion for transfer to be held no later than 30 days after the determination.
				Notice of the hearing date shall be given to the defendant, the defendant's
				attorney, and the attorney for the Commonwealth.
(C) At the conclusion of the hearing, but in
				no case longer than 20 days after the conclusion of the hearing, the judge
				shall announce the decision in open court. The judge shall enter an order
				granting or denying the motion for transfer, and set forth in writing or orally
				on the record the findings of fact and conclusions of law.
(D) If the judge does not render a decision
				within 20 days of the conclusion of the hearing, the motion for transfer shall
				be denied by operation of law. The clerk of courts immediately shall enter an
				order on behalf of the judge.
(E)
				If the judge grants the motion,
(1) The judge
				immediately shall order the transfer of the case from criminal proceedings to
				juvenile proceedings and the case shall proceed pursuant to the Rules of
				Juvenile Court Procedure and the Juvenile Act, except as provided in paragraph
				(E)(3).
(2) The judge shall order
				the defendant to be taken forthwith to the juvenile probation office, except as
				provided in paragraph (E)(3).
(3)
				If, within 30 days of the judge's order transferring the case from criminal
				proceedings to juvenile proceedings, the attorney for the Commonwealth files a
				notice of appeal from the order, the judge shall:
(a) stay the juvenile proceedings pending
				disposition of the appeal; and
(b)
				review the defendant's bail status and may release the defendant conditioned
				upon the defendant being detained in a secure detention facility pursuant to
				Rule 598.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part I - Procedures for Transfer from Criminal Proceedings to Juvenile Proceedings › Rule 598 - Place of Detention During Procedures for Transfer from Criminal Proceedings to Juvenile Proceedings Pursuant to 42 Pa.C.S. Section 6322

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Except as
				provided in paragraph (B), a defendant who is under the age of 18 at the time
				the complaint is filed and is charged with one of the offenses excluded from
				the definition of "delinquent act" in paragraphs (2)(i), (2)(ii), and (2)(iii)
				of
				42 Pa.C.S. §
										6302
				shall be detained in the county jail unless released on bail.
(B) A defendant, who may seek or is seeking
				transfer from criminal proceedings to juvenile proceedings pursuant to
				42 Pa.C.S. §
										6322 and
				has not been released on bail, may file a motion in the court of common pleas
				requesting that he or she be detained in a secure detention facility.
(1) If the attorney for the Commonwealth
				consents to the motion requesting detention in a secure detention facility, the
				judge may order that the defendant be detained in a secure detention facility
				until:
(a) The defendant is released on bail;
				or
(b) The judge determines that
				the defendant is not seeking transfer of the case pursuant to
				42 Pa.C.S. §
												6322;
				or
(c) The judge denies the motion
				for transfer filed pursuant to
				42 Pa.C.S. §
												6322.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part A - General Provisions › Rule 600 - Prompt Trial

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				COMMENCEMENT OF TRIAL; TIME FOR TRIAL
(1) For
				the purpose of this rule, trial shall be deemed to commence on the date the
				trial judge calls the case to trial, or the defendant tenders a plea of guilty
				or
nolo contendere
.
(2) Trial shall commence within the following
				time periods.
(a) Trial in a court case in
				which a written complaint is filed against the defendant shall commence within
				365 days from the date on which the complaint is filed.
(b) Trial in a court case that is transferred
				from the juvenile court to the trial or criminal division shall commence within
				365 days from the date on which the transfer order is filed.
(c) When a trial court has ordered that a
				defendant's participation in the ARD program be terminated pursuant to Rule
				318, trial shall commence within 365 days from the date on which the
				termination order is filed.
(d)
				When a trial court has granted a new trial and no appeal has been perfected,
				the new trial shall commence within 365 days from the date on which the trial
				court's order is filed.
(e) When an
				appellate court has remanded a case to the trial court, the new trial shall
				commence within 365 days from the date of the written notice from the appellate
				court to the parties that the record was remanded.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part A - General Provisions › Rule 601 - Presence of Judge

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
				judge shall be present at all stages of the trial.
(B) Any judge may preside at a pretrial
				conference, during the hearing and disposition of a pretrial application, or
				during the selection of a jury.
(C)
				The judge who is present from the time the trial commences shall be considered
				the trial judge and shall be present, except in extraordinary circumstances,
				until a verdict is recorded or the jury is discharged.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part A - General Provisions › Rule 602 - Presence of the Defendant

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				The defendant shall be present at every stage of the trial including the
				impaneling of the jury and the return of the verdict, and at the imposition of
				sentence, except as otherwise provided by this rule. The defendant's absence
				without cause at the time scheduled for the start of trial or during trial
				shall not preclude proceeding with the trial, including the return of the
				verdict and the imposition of sentence.
(B) A corporation may appear by its attorney
				for all purposes.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part A - General Provisions › Rule 603 - Exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Any ruling of
				the judge on an objection or motion made during the trial of any action or
				proceeding shall have the effect of a sealed exception in favor of the party
				adversely affected without the necessity of a formal request or notation made
				on the record.
(B) This rule shall
				not be applicable to the charge to the jury.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part A - General Provisions › Rule 604 - Opening Statements and Closing Arguments

Current through Register Vol. 54, No. 28, July 13, 2024
(A) After the jury has been sworn, the
				attorney for the Commonwealth shall make an opening statement to the jury. The
				defendant or the defendant's attorney may then make an opening statement or
				reserve it until after the Commonwealth has presented its case.
(B) When the evidence is concluded, each
				party shall be entitled to present one closing argument to the jury. Regardless
				of the number of defendants, and whether or not a defendant has presented a
				defense, the attorney for the Commonwealth shall be entitled to make one
				argument which shall be made last.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part A - General Provisions › Rule 605 - Mistrial

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Motions to
				withdraw a juror are abolished.
(B)
				When an event prejudicial to the defendant occurs during trial only the
				defendant may move for a mistrial; the motion shall be made when the event is
				disclosed. Otherwise, the trial judge may declare a mistrial only for reasons
				of manifest necessity.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part A - General Provisions › Rule 606 - Challenges to Sufficiency of Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A defendant may challenge the sufficiency
				of the evidence to sustain a conviction of one or more of the offenses charged
				in one or more of the following ways:
(1) a
				motion for judgment of acquittal at the close of the Commonwealth's
				case-in-chief;
(2) a motion for
				judgment of acquittal at the close of all the evidence;
(3) a motion for judgment of acquittal filed
				within 10 days after the jury has been discharged without agreeing upon a
				verdict;
(4) a motion for judgment
				of acquittal made orally immediately after verdict;
(5) a motion for judgment of acquittal made
				orally before sentencing pursuant to Rule 704(B);
(6) a motion for judgment of acquittal made
				after sentence is imposed pursuant to Rule 720 (B); or
(7) a challenge to the sufficiency of the
				evidence made on appeal.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part A - General Provisions › Rule 607 - Challenges to the Weight of the Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A claim that the verdict was against the
				weight of the evidence shall be raised with the trial judge in a motion for a
				new trial:
(1) orally, on the record, at any
				time before sentencing;
(2) by
				written motion at any time before sentencing; or
(3) in a post-sentence
				motion.