reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part A - Guilt and Penalty Determination Procedures › Rule 809 - Form for Trial Judge Sentencing Verdict Slip

Current through Register Vol. 54, No. 28, July 13, 2024
IN THE COURT OF COMMON PLEAS
OF _______ COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF PENNSYLVANIA
:
vs.
:
NO. _____
:
FIRST DEGREE MURDER
SENTENCING VERDICT SLIP
A. I, _________ J., sentence the defendant
				to:
________Death
________Life Imprisonment
B. The findings on which the sentence of
				death is based are:
__________
1. At
				least one aggravating circumstance and no mitigating circumstance.
The aggravating circumstance(s) (is) (are):
____________________________________________
____________________________________________.
_________
2. One or
				more aggravating circumstances which outweigh(s) any mitigating
				circumstance(s).
The aggravating circumstance(s) (is) (are):
____________________________________________
____________________________________________.
The mitigating circumstance(s) (is) (are):
____________________________________________
____________________________________________.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part A - Guilt and Penalty Determination Procedures › Rule 810 - Sentence

Current through Register Vol. 54, No. 28, July 13, 2024
In all cases in which a verdict of guilty of murder of the
				  first degree has been returned, once a sentence has been determined, the court
				  may immediately impose that sentence.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part A - Guilt and Penalty Determination Procedures › Rule 811 - Post-Sentence Motion

Current through Register Vol. 54, No. 28, July 13, 2024
In all cases in which a sentence has been imposed, the case
				  shall proceed pursuant to Rule 720, except that, in cases in which a death
				  sentence has been determined and imposed, the post-sentence motion shall be
				  decided promptly, but shall not be denied by operation of
				  law.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part B - Procedures for Seeking to Preclude Imposition of a Sentence of Death by Reason of the Defendant's Mental Retardation › Rule 840 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
The rules in Part B provide the procedure for determining if
				  imposition of the death penalty is precluded due to the defendant's mental
				  retardation.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part B - Procedures for Seeking to Preclude Imposition of a Sentence of Death by Reason of the Defendant's Mental Retardation › Rule 841 - Notice of Mental Retardation Precluding Imposition of Sentence of Death

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Notice of Mental Retardation Precluding Imposition of a Sentence of Death
A defendant who intends to offer evidence of mental
				  retardation that would preclude the imposition of a sentence of death shall
				  file with the clerk of courts not later than 90 days after arraignment, or
				  within such other time as allowed by the court upon cause shown, a notice of
				  the intention to offer the evidence and certification of service on the
				  attorney for the Commonwealth.
(1) The
				notice and certification shall be signed by the attorney for the defendant or
				the defendant if unrepresented.
(2)
				The notice shall contain specific available information as to the nature and
				extent of the alleged mental retardation and the names and addresses of
				witnesses, expert or otherwise, whom the defendant intends to call to establish
				mental retardation.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part B - Procedures for Seeking to Preclude Imposition of a Sentence of Death by Reason of the Defendant's Mental Retardation › Rule 842 - Examination of the 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, the 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 for the
				purpose of determining mental retardation that would preclude imposition of a
				sentence of death.
(b) The
				agreement shall be in writing and signed by the defendant, the 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 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part B - Procedures for Seeking to Preclude Imposition of a Sentence of Death by Reason of the Defendant's Mental Retardation › Rule 843 - Optional Pretrial Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				If the parties agree, the issue of the defendant's mental retardation
				precluding imposition of a sentence of death shall be determined by the judge
				after a pretrial evidentiary hearing.
(B) The defendant shall appear in person with
				counsel at the hearing.
(C) The
				defendant shall have the burden of going forward with the evidence.
(D) No later than the beginning of the
				evidentiary hearing, the judge shall advise the defendant that, by agreeing to
				have the issue of his or her mental retardation decided pretrial, the
				defendant, if found not mentally retarded and later convicted, will not be
				permitted to seek a preclusion of the imposition of a sentence of death due to
				mental retardation with a jury. In these cases, however, the defendant may
				introduce relevant evidence concerning his or her mental state at the guilt
				phase and the penalty phase, including evidence in support of statutory
				mitigation.
(E) The attorney for
				the Commonwealth and the defendant's attorney may introduce evidence and
				cross-examine any witness, including the examining mental health experts. The
				judge may call and interrogate witnesses as provided by law.
(F) Within 30 days of the completion of the
				evidentiary hearing, the judge shall enter an order finding either that the
				defendant is mentally retarded and therefore is precluded from receiving a
				sentence of death or that the defendant is not mentally retarded.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part B - Procedures for Seeking to Preclude Imposition of a Sentence of Death by Reason of the Defendant's Mental Retardation › Rule 844 - Sentencing Procedures in Cases in which the Defendant's Mental Retardation is Asserted

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Unless the issue is decided pretrial pursuant to Rule 843, in a case in which
				the defendant has asserted that imposition of a sentence of death is precluded
				by reason of his or her mental retardation, after a return of a verdict of
				guilty of murder in the first degree, a sentencing hearing shall be held in
				which all sentencing evidence shall be presented, including, but not limited
				to, evidence of the defendant's mental retardation and evidence of aggravating
				and mitigating circumstances.
(B)
				In cases in which the defendant has asserted his or her mental retardation as
				provided in paragraph (A) and the sentencing hearing is conducted before the
				jury, the following procedures shall apply:
(1) After presentation of the evidence, the
				judge shall determine if sufficient evidence exists for the jury to decide
				whether the imposition of a sentence of death should be precluded by reason of
				mental retardation.
(a) If the judge
				determines sufficient evidence exists for the jury to consider the issue of the
				defendant's mental retardation, the case will proceed according to the
				procedures in paragraphs (B)(2)-(6).
(b) If the judge determines that there is not
				sufficient evidence for the jury to consider the issue of the defendant's
				mental retardation, the case will proceed as any other capital case.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part B - Procedures for Seeking to Preclude Imposition of a Sentence of Death by Reason of the Defendant's Mental Retardation › Rule 845 - Form for Sentencing Verdict Slip in Cases in which the Defendant's Mental Retardation is Asserted

Current through Register Vol. 54, No. 28, July 13, 2024
IN THE COURT OF COMMON PLEAS
OF COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF PENNSYLVANIA
:
vs.
:
NO. _______
:
FIRST DEGREE MURDER
SENTENCING VERDICT SLIP
FINDINGS REGARDING MENTAL RETARDATION
INSTRUCTIONS:
Indicate whether you unanimously agree that the defendant has
				  proven that he or she is mentally retarded.
Upon completion of deliberations on the question of the
				  defendant's mental retardation, return to the courtroom for further
				  instructions from the judge.
FINDINGS:
_______ We, the jury, unanimously find that the defendant has
				  proven by a preponderance of the evidence that the defendant is mentally
				  retarded.
_______ We, the jury, unanimously find that the defendant has
				  not proven by a preponderance of the evidence that the defendant is mentally
				  retarded.
_______ We, the jury, cannot agree unanimously that the
				  defendant is mentally retarded.
_______ DATE ______________JURY FOREPERSON
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 9 - POST-CONVICTION COLLATERAL PROCEEDINGS › Rule 900 - Scope; Notice In Death Penalty Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The rules in Chapter 9 apply to capital
			 and noncapital cases under the Post Conviction Relief Act,
			 42 Pa.C.S. §§
									9541-9546, as amended by Act 1995-32
			 (SS1).
(B)
Notice in Death
			 Penalty Cases
In all death penalty cases upon the Supreme Court's affirmance
				of the judgment of a death sentence, the Prothonotary shall include in the
				mailing required by Pa.R.A.P. 2521 (Entry of Judgment or Other Order) the
				following information concerning the Post Conviction Relief Act and the
				procedures under Chapter 9 of the Rules of Criminal Procedure. "Parties" as
				used in Pa.R.A.P. 2521 shall include the defendant, the defendant's counsel,
				and the attorney for the Commonwealth for the purposes of this rule.
(1) A petition for post-conviction collateral
			 relief must be filed within one year of the date the judgment becomes final,
			 except as otherwise provided by statute.
(2) As provided in
			 42 Pa.C.S. §
										9545(b)(3), a judgment
			 becomes final at the conclusion of direct review, which includes discretionary
			 review in the Supreme Court of the United States and the Supreme Court of
			 Pennsylvania, or at the expiration of time for seeking the review.
(3)
(a) If
			 the defendant fails to file a petition within the one-year time limit, the
			 action may be barred.
See
42 Pa.C.S. §
											9545(b).
(b) Any issues that could have been raised in
			 the post-conviction proceeding, but were not, may be waived.
See
42 Pa.C.S. §
											9544(b).
(4) Pursuant to Rule 904
			 (Appointment of Counsel;
in Forma Pauperis
), the trial judge
			 will appoint new counsel for the purpose of post-conviction collateral review,
			 unless:
(a) The defendant has elected to
			 proceed
pro se
or waive post-conviction collateral
			 proceedings, and the judge finds, after a colloquy on the record, that the
			 defendant is competent and the defendant's election is knowing, intelligent,
			 and voluntary;
(b) The defendant
			 requests continued representation by original trial counsel or direct appeal
			 counsel, and the judge finds, after a colloquy on the record, that the
			 petitioner's election constitutes a knowing, intelligent, and voluntary waiver
			 of a claim that counsel was ineffective; or
(c) The judge finds, after a colloquy on the
			 record, that the defendant has engaged counsel who has entered, or will
			 promptly enter, an appearance for the collateral review proceedings.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 9 - POST-CONVICTION COLLATERAL PROCEEDINGS › Rule 901 - Initiation of Post-Conviction Collateral Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A petition for post-conviction collateral
			 relief shall be filed within one year of the date the judgment becomes final,
			 except as otherwise provided by statute.
(B) A proceeding for post-conviction
			 collateral relief shall be initiated by filing a petition and 3 copies with the
			 clerk of the court in which the defendant was convicted and sentenced. The
			 petition shall be verified by the defendant.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 9 - POST-CONVICTION COLLATERAL PROCEEDINGS › Rule 902 - Content of Petition for Post-Conviction Collateral Relief; Request for Discovery

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
			 petition for post-conviction collateral relief shall bear the caption, number,
			 and court term of the case or cases in which relief is requested and shall
			 contain substantially the following information:
(1) the name of the defendant;
(2) The place where the defendant is
			 confined, or if not confined, the defendant's current address;
(3) The offenses for which the defendant was
			 convicted and sentenced;
(4) The
			 date on which the defendant was sentenced;
(5) whether the defendant was convicted by a
			 jury, by a judge without jury, on a plea of guilty, or on a plea of nolo
			 contendere;
(6) The sentence
			 imposed and whether the defendant is now serving or waiting to serve that
			 sentence;
(7) The name of the judge
			 who presided at trial or plea and imposed sentence;
(8) The court, caption, term, and number of
			 any proceeding (including appeals, prior post-conviction collateral
			 proceedings, and federal court proceedings) instituted by the defendant to
			 obtain relief from conviction or sentence, specifying whether a proceeding is
			 pending or has been completed;
(9)
			 the name of each lawyer who represented the defendant at any time after arrest,
			 and the stage of the case at which each represented the defendant;
(10) The relief requested;
(11) The grounds for the relief
			 requested;
(12) The facts
			 supporting each such ground that:
(a) appear
			 in the record, and the place in the record where they appear; and
(b) do not appear in the record, and an
			 identification of any affidavits, documents, and other evidence showing such
			 facts;
(13) whether any
			 of the grounds for the relief requested were raised before, and if so, at what
			 stage of the case;
(14) a
			 verification by the defendant that:
(a) The
			 facts set forth in the petition are true and correct to the best of the
			 defendant's personal knowledge or information and belief and that any false
			 statements therein are made subject to the penalties of the Crimes Code,
			 18 Pa.C.S. §
											4904,
			 relating to unsworn falsification to authorities; and
(b) The attorney filing the petition is
			 authorized by the defendant to file the petition on the defendant's
			 behalf;
(15) if
			 applicable, any request for an evidentiary hearing. The request for an
			 evidentiary hearing shall include a signed certification as to each intended
			 witness, stating the witness's name, address, and date of birth, and the
			 substance of the witness's testimony. Any documents material to the witness's
			 testimony shall also be included in the petition; and
(16) if applicable, any request for
			 discovery.
The petition may, but need not, include concise argument or
				citation and discussion of authorities.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 9 - POST-CONVICTION COLLATERAL PROCEEDINGS › Rule 903 - Docketing and Assignment

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Upon receipt of a petition for
			 post-conviction collateral relief, the clerk of courts promptly shall time
			 stamp the petition with the date of receipt and make a docket entry, at the
			 same term and number as the underlying conviction and sentence, reflecting the
			 date of receipt, and promptly shall place the petition in the criminal case
			 file. The clerk shall transmit the petition and the criminal case file to the
			 trial judge, if available, or to the administrative judge, if the trial judge
			 is not available. If the defendant's confinement is by virtue of multiple
			 indictments or informations and sentences, the case shall be docketed to the
			 same term and number as the indictment or information upon which the first
			 unexpired term was imposed, but the court may take judicial notice of all
			 proceedings related to the multiple indictments or informations.
(B) When the petition is filed and the docket
			 entry is made, the clerk shall transmit a copy of the petition to the attorney
			 for the Commonwealth.
(C) The trial
			 judge, if available, shall proceed with and dispose of the petition in
			 accordance with these rules, unless the judge determines, in the interests of
			 justice, that he or she should be disqualified.
(D) When the trial judge is unavailable or
			 disqualified, the administrative judge promptly shall assign and transmit the
			 petition and the record to another judge, who shall proceed with and dispose of
			 the petition in accordance with these rules.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 9 - POST-CONVICTION COLLATERAL PROCEEDINGS › Rule 904 - Entry of Appearances and Appointment of Counsel; In Forma Pauperis

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Counsel for
			 defendant shall file a written entry of appearance with the clerk of courts
			 promptly after being retained, and serve a copy on the attorney for the
			 Commonwealth.
(1) If a firm name is entered,
			 the name of an individual lawyer shall be designated as being responsible for
			 the conduct of the case.
(2) The
			 entry of appearance shall include the attorney's address, phone number, and
			 attorney ID number.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 9 - POST-CONVICTION COLLATERAL PROCEEDINGS › Rule 905 - Amendment and Withdrawal of Petition for Post-Conviction Collateral Relief

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
			 The judge may grant leave to amend or withdraw a petition for post-conviction
			 collateral relief at any time. Amendment shall be freely allowed to achieve
			 substantial justice.
(B) When a
			 petition for post-conviction collateral relief is defective as originally
			 filed, the judge shall order amendment of the petition, indicate the nature of
			 the defects, and specify the time within which an amended petition shall be
			 filed. If the order directing amendment is not complied with, the petition may
			 be dismissed without a hearing.
(C)
			 Upon the entry of an order directing an amendment, the clerk of courts shall
			 serve a copy of the order on the defendant, the defendant's attorney, and the
			 attorney for the Commonwealth.
(D)
			 All amended petitions shall be in writing, shall comply substantially with Rule
			 902, and shall be filed and served within the time specified by the judge in
			 ordering the amendment.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 9 - POST-CONVICTION COLLATERAL PROCEEDINGS › Rule 906 - Answer to Petition for Post-Conviction Collateral Relief

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Except as
			 provided in paragraph (E), an answer to a petition for post-conviction
			 collateral relief is not required unless ordered by the judge. When the judge
			 has not ordered an answer, the attorney for the Commonwealth may elect to
			 answer, but the failure to file one shall not constitute an admission of the
			 well-pleaded facts alleged in the petition.
(B) Upon the entry of an order directing an
			 answer, the clerk of courts shall serve a copy of the order on the attorney for
			 the Commonwealth, the defendant's attorney, or the defendant if
			 unrepresented.
(C) If the judge
			 orders an answer, the answer shall be in writing and shall be filed and served
			 within the time fixed by the judge in ordering the answer. The time for filing
			 the answer may be extended by the judge for cause shown.
(D) The judge may grant leave to amend or
			 withdraw an answer at any time. Amendment shall be freely allowed to achieve
			 substantial justice. Amended answers shall be in writing and shall be filed and
			 served within the time specified by the judge in granting leave to
			 amend.
(E) Answers in Death Penalty
			 Cases
(1) First Counseled Petitions
(a) The Commonwealth shall file an answer to
			 the first counseled petition for collateral review in a death penalty
			 case.
(b) The answer shall be filed
			 within 120 days of the filing and service of the petition. For good cause
			 shown, the court may order extensions, of up to 90 days each, of the time for
			 filing the answer.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 9 - POST-CONVICTION COLLATERAL PROCEEDINGS › Rule 907 - Disposition Without Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in Rule 909 for death penalty cases,
(1) The judge shall promptly review the
			 petition, any answer by the attorney for the Commonwealth, and other matters of
			 record relating to the defendant's claim(s). If the judge is satisfied from
			 this review that there are no genuine issues concerning any material fact and
			 that the defendant is not entitled to post-conviction collateral relief, and no
			 purpose would be served by any further proceedings, the judge shall give notice
			 to the parties of the intention to dismiss the petition and shall state in the
			 notice the reasons for the dismissal. The defendant may respond to the proposed
			 dismissal within 20 days of the date of the notice. The judge thereafter shall
			 order the petition dismissed, grant leave to file an amended petition, or
			 direct that the proceedings continue.
(2) A petition for post-conviction collateral
			 relief may be granted without a hearing when the petition and answer show that
			 there is no genuine issue concerning any material fact and that the defendant
			 is entitled to relief as a matter of law.
(3) The judge may dispose of only part of a
			 petition without a hearing by ordering dismissal of or granting relief on only
			 some of the issues raised, while ordering a hearing on other issues.
(4) When the petition is dismissed without a
			 hearing, the judge promptly shall issue an order to that effect and shall
			 advise the defendant by certified mail, return receipt requested, of the right
			 to appeal from the final order disposing of the petition and of the time limits
			 within which the appeal must be filed. The order shall be filed and served as
			 provided in Rule 114.
(5) When the
			 petition is granted without a hearing, the judge promptly shall issue an order
			 granting a specific form of relief, and issue any supplementary orders
			 appropriate to the proper disposition of the case. The order shall be filed and
			 served as provided in Rule 114.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 9 - POST-CONVICTION COLLATERAL PROCEEDINGS › Rule 908 - Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Except as
			 provided in Rule 907, the judge shall order a hearing:
(1) whenever the Commonwealth files a motion
			 to dismiss due to the defendant's delay in filing the petition; or
(2) when the petition for post-conviction
			 relief or the Commonwealth's answer, if any, raises material issues of fact.
			 However, the judge may deny a hearing on a specific issue of fact when a full
			 and fair evidentiary hearing upon that issue was held at trial or at any
			 proceeding before or after trial.
The judge shall schedule the hearing for a time that will
				afford the parties a reasonable opportunity for investigation and preparation,
				and shall enter such interim orders as may be necessary in the interests of
				justice.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 9 - POST-CONVICTION COLLATERAL PROCEEDINGS › Rule 909 - Procedures for Petitions in Death Penalty Cases: Stays of Execution of Sentence; Hearing; Disposition

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
Stays of Execution
(1) In a
			 case in which the defendant has received a sentence of death, any request for a
			 stay of execution of sentence should be made in the petition for
			 post-conviction collateral relief.
(2) In all cases in which a stay of execution
			 has been properly granted, the stay shall remain in effect through the
			 conclusion of all PCRA proceedings, including review in the Supreme Court of
			 Pennsylvania, or the expiration of time for seeking such
			 review.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Rule 1000 - Scope of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
			 The rules in this chapter govern all proceedings in the Philadelphia Municipal
			 Court, including summary cases; Municipal Court cases, as defined in Rule
			 1001(A); the filing of appeals from Municipal Court cases; the filing of
			 petitions for writs of
certiorari
; and the preliminary
			 proceedings in criminal cases charging felonies, Part A, and govern proceedings
			 in summary traffic cases in Municipal Court Traffic Division, Part B.
(B) Any procedure that is governed by a
			 statewide Rule of Criminal Procedure that is not specifically covered in
			 Chapter 10 or by a Philadelphia local rule authorized by these rules and
			 adopted pursuant to Rule 105 shall be governed by the relevant statewide
			 rule.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Rule 1001 - Disposition of Criminal Cases-Philadelphia Municipal Court

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A Municipal Court case is any case in
			 which the only offense or offenses charged are misdemeanors under the Crimes
			 Code or other statutory criminal offenses for which no prison term may be
			 imposed or which is punishable by a term of imprisonment of not more than 5
			 years, including any offense under the Vehicle Code other than a summary
			 offense.
(B) When one or more such
			 offenses are charged in a single complaint or series of complaints against one
			 defendant, all shall be joined in the same Municipal Court case, regardless of
			 the length of the cumulative sentence which could be imposed on all
			 charges.
(C) A Municipal Court case
			 may be transferred from the Municipal Court to the Court of Common Pleas by
			 order of the President Judge of the Court of Common Pleas, or the President
			 Judge's designee, upon the President Judge's approval of:
(1) a certification by defense counsel that
			 trial in the Municipal Court will unduly delay defendant's access to a trial by
			 jury; or
(2) a certification by
			 both defense counsel and the attorney for the Commonwealth that the trial of
			 the case will be so time consuming as to unduly disrupt the business of the
			 Municipal Court.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part A - Philadelphia Municipal Court Procedures › Rule 1002 - Procedure in Summary Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Except as provided in this rule or by local rule authorized by this rule, or
				elsewhere in Chapter 10, all criminal proceedings in which a person is accused
				only of one or more non-traffic summary offenses or violations of municipal
				criminal ordinances shall proceed as provided in Chapter 4 of the Rules of
				Criminal Procedure.
(B) Non-traffic
				summary proceedings shall be instituted either by a citation issued to the
				defendant or arresting without a warrant when arrest is specifically authorized
				by law.
(1) Issuance of Citation
(a) The law enforcement officer shall issue
				the citation to the defendant pursuant to Rule 405 (Issuance of Citation),
				together with a notice to appear, unless required to proceed pursuant to
				paragraph (B)(1)(e). The notice to appear shall:
(i) direct the defendant to appear before a
				judge or trial commissioner on a date and at a time certain in a specified
				court room, and
(ii) shall advise
				the defendant that failure to appear shall constitute consent to a trial in the
				defendant's absence, and if the defendant is found guilty, the defendant shall
				have the right to appeal within 30 days for a trial
de
				novo
.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part A - Philadelphia Municipal Court Procedures › Rule 1003 - Procedure in Non-Summary Municipal Court Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(A) INITIATION OF CRIMINAL PROCEEDINGS
(1) Criminal proceedings in court cases shall be instituted by filing a
										written complaint, except that proceedings may be also instituted by:
(a)
										an arrest without a warrant when a felony or misdemeanor is committed in the presence of the police officer
										making the arrest; or
(b) an arrest without a warrant upon
										probable cause when the offense is a misdemeanor not committed in the presence of the police officer making
										the arrest, when the arrest without a warrant is specifically authorized by law; or
(c) an arrest without a warrant upon probable cause when the offense is a
										felony.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part A - Philadelphia Municipal Court Procedures › Rule 1003 - Procedure in Non-Summary Municipal Court Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(A) INITIATION OF CRIMINAL PROCEEDINGS
(1) Criminal proceedings in court cases shall
				be instituted by filing a written complaint, except that proceedings may be
				also instituted by:
(a) an arrest without a
				warrant when a felony or misdemeanor is committed in the presence of the police
				officer making the arrest; or
(b)
				an arrest without a warrant upon probable cause when the offense is a
				misdemeanor not committed in the presence of the police officer making the
				arrest, when the arrest without a warrant is specifically authorized by law;
				or
(c) an arrest without a warrant
				upon probable cause when the offense is a felony.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part A - Philadelphia Municipal Court Procedures › Rule 1004 - Arraignment Prior to Trial

Current through Register Vol. 54, No. 28, July 13, 2024
Arraignment, if not waived by a defendant, shall take place
				  immediately prior to trial.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part A - Philadelphia Municipal Court Procedures › Rule 1005 - Pretrial Applications for Relief

Current through Register Vol. 54, No. 28, July 13, 2024
(A) All pretrial applications for relief
				including those for suppression of evidence may be made orally or in writing.
				If in writing, a copy of the application shall be submitted prior to trial to
				the attorney for the Commonwealth.
(B) Pretrial applications shall be heard on
				the day set for trial immediately prior to the trial. If the decision is
				adverse to the Commonwealth, the Court shall grant the Commonwealth a
				continuance upon motion of the attorney for the Commonwealth to give the
				attorney for the Commonwealth the opportunity to take an appeal.
(C) The Commonwealth's appeal shall be taken
				not later than 30 days from the date of the decision on the pretrial
				application.
(D) After an appeal
				pursuant to this rule is filed, and the Commonwealth has certified in the
				notice of appeal that the order will terminate or substantially handicap the
				prosecution, the Municipal Court shall take no further action in the case,
				unless otherwise provided in these rules.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part A - Philadelphia Municipal Court Procedures › Rule 1006 - Notice of Right to Appeal or to Petition for Certiorari; Guilty Plea Challenge Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Immediately after the imposition of sentence, the judge shall inform the
				defendant:
(1) in the case of a trial and
				verdict of guilty:
(a) of the right to file a
				petition for a writ of
certiorari
within 30 days without costs
				or to appeal for trial
de novo
within 30 days without
				costs;
(b) of the right to jury
				trial on appeal; and
(c) that the
				charge on which the defendant was found guilty in the Municipal Court will be
				considered by the district attorney as the basis for the preparation of an
				information after the filing of the notice of appeal;
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part A - Philadelphia Municipal Court Procedures › Rule 1007 - Challenge to Guilty Plea

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
				motion challenging the validity of a guilty plea or the denial of a motion to
				withdraw a guilty plea shall be in writing and shall be filed with the
				sentencing judge within 10 days after imposition of sentence. The motion shall
				be disposed of promptly.
(B)
				Execution of sentence shall be stayed and the amount of bail previously
				determined shall continue until disposition of the motion.
(C) The attorney for the Commonwealth shall
				be given notice of the motion and an opportunity to respond. The judge may
				schedule a hearing on the motion.
(D) Upon entry of a final order denying the
				motion, the judge shall inform the defendant of the right to appeal the order
				to the Court of Common Pleas within 30 days after the date of the
				order.
(E) After an appeal pursuant
				to this rule is filed, the Municipal Court shall take no further action in the
				case, unless otherwise provided in these rules.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part A - Philadelphia Municipal Court Procedures › Rule 1008 - Contents of Notice of Appeal or Petition for Certiorari

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The notice shall state which method of
				review is being sought in the court of common pleas by indicating whether it is
				a notice of appeal or notice of a petition for a writ of certiorari.
(B) The notice shall contain the following
				information:
(1) The name and address of the
				defendant.
(2) The date of
				imposition of sentence.
(3) The
				charges upon which the defendant was convicted.
(4) The name of the sentencing
				judge.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part A - Philadelphia Municipal Court Procedures › Rule 1009 - Notice to Municipal Court Judge and Attorney for the Commonwealth of Appeal or of Petition for Certiorari

Current through Register Vol. 54, No. 28, July 13, 2024
The Clerk of Municipal Court shall notify the sentencing
				  judge and the attorney for the Commonwealth of the filing of the appeal or the
				  petition for a writ of certiorari.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part A - Philadelphia Municipal Court Procedures › Rule 1010 - Procedures for Trial De Novo

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				When a defendant appeals after conviction by a Municipal Court judge,
(1) in a non-traffic summary case, upon the
				filing of the transcript and other papers, the case shall be heard
de
				novo
by the judge of the Court of Common Pleas sitting without a
				jury.
(2) In a Municipal Court
				case, the attorney for the Commonwealth, upon receiving the notice of appeal,
				shall prepare an information and the matter shall thereafter be treated in the
				same manner as any other court case.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part A - Philadelphia Municipal Court Procedures › Rule 1011 - Bail

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Prior to
				verdict, an existing bail order may be modified by a Municipal Court judge in a
				Municipal Court case in the same manner as a judge of the court of common pleas
				may modify a bail order pursuant to Rule 529(c), (d), and (e).
(B) In all cases in which a sentence is
				imposed, the execution of sentence shall be stayed and the bail previously set
				shall continue, except as provided in this rule.
(1) If a notice of appeal or a petition for a
				writ of certiorari is not filed within 30 days, the judge shall direct the
				defendant to appear before the judge for the execution of sentence.
(2) If a notice of appeal is filed within 30
				days, the bail previously set shall continue.
(3) If a petition for a writ of certiorari is
				filed within 30 days, bail shall be determined as provided in Rule 521(B)(1)
				and (2).
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part A - Philadelphia Municipal Court Procedures › Rule 1012 - Recording and Transcribing Municipal Court Proceedings; Admissibility of Testimony at Trial De Novo

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Rule 115 and Pa.R.J.A. No. 4007, relating to the recording and transcribing of
				court proceedings, shall apply to Municipal Court case proceedings after the
				preliminary arraignment or, when a defendant appears pursuant to a summons,
				after the defendant's first appearance.
(B) No testimony produced at the Municipal
				Court trial or at any pretrial hearing in the Municipal Court shall be
				admissible at the trial
de novo
except in those cases in which
				the defendant was represented by counsel and had the opportunity to cross
				examine, and the witness afterwards dies, or is out of the jurisdiction so that
				the witness cannot be effectively served with a subpoena, or cannot be found,
				or becomes incompetent to testify for any legally sufficient reason properly
				proven.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part A - Philadelphia Municipal Court Procedures › Rule 1013 - Prompt Trial-Municipal Court

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
(1)
				Trial in a Municipal Court case shall commence no later than 180 days from the
				date on which the preliminary arraignment is held.
(2) Trial in a Municipal Court case in which
				the defendant appears pursuant to a summons shall commence no later than 180
				days from the date on which the complaint is filed.
(3) Trial in a case that commenced as a
				Common Pleas Court case but was later ordered to be tried in Municipal Court
				shall commence no later than 180 days from the date on which the preliminary
				arraignment is held or 60 days from the date on which the order is made,
				whichever is greater.
(4) Trial in
				a case which is transferred from the juvenile court to the Municipal Court
				shall commence no later than 180 days from the date of filing the transfer
				order.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part B - Philadelphia Municipal Court Traffic Division Procedures › Rule 1030 - Scope of Summary Municipal Court Traffic Division Rules

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in these rules or by local rule authorized
				  by these rules, or elsewhere in Chapter 10, all criminal proceedings in which a
				  person is accused of one or more summary traffic offenses only or violations of
				  municipal traffic ordinances shall proceed as provided in Chapter 4 of the
				  Rules of Criminal Procedure.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part B - Philadelphia Municipal Court Traffic Division Procedures › Rule 1031 - Institution of Proceedings in Summary Traffic Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Summary traffic cases in Philadelphia
				shall be instituted by:
(1) issuing a
				citation to the defendant as provided in Rules 405-409;
(2) filing a citation with the Philadelphia
				Municipal Court Traffic Division as provided in Rules 410-414; or
(3) arresting without a warrant when arrest
				is specifically authorized by law as provided in Rules 440 and
				441.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part B - Philadelphia Municipal Court Traffic Division Procedures › Rule 1032 - Pleas in Response to Citation

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the procedures in Rules 407 and 412 for
				  entering a plea in a summary traffic case, the defendant, by means of
				  electronic transmission as provided by local rule, may notify the Municipal
				  Court Traffic Division of his or her plea, and either pay the fine and costs or
				  post the requisite collateral.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part B - Philadelphia Municipal Court Traffic Division Procedures › Rule 1033 - Procedures When Defendant Arrested with Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When a defendant is arrested pursuant to
				a warrant issued as provided in Rule 430, the police officer without
				unnecessary delay shall take the defendant before the proper issuing authority
				and shall proceed as provided in this rule and by local rule.
(B) When the defendant appears in person or
				appears by means of two-way simultaneous audio-video equipment, the judge or
				arraignment court magistrate shall:
(1)
				inform the defendant concerning the specific citations to which the defendant
				has not entered a plea as required by Rules 407 and 412;
(2) inform the defendant concerning the
				specific citations that have been adjudicated that have outstanding fines or
				costs for which the defendant is in default of a payment order or a payment
				plan; and
(3) advise the defendant
				of the right to retain counsel, and if, in the event of a conviction, there is
				a reasonable likelihood of a sentence of imprisonment and the defendant does
				not have the financial ability to retain counsel, advise the defendant that
				counsel will be appointed by Traffic Division as provided in Rule
				1035.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part B - Philadelphia Municipal Court Traffic Division Procedures › Rule 1034 - Collateral

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Except as
				provided in this rule, the procedures for collateral shall be as provided in
				Rule 452.
(B) When determining the
				amount of collateral, if any,
(1) if the
				defendant does not have a prior history of failure to appear for scheduled
				hearings, or there are other reasonable grounds to believe that the defendant
				will appear, or the defendant is without adequate resources to deposit
				collateral, the Traffic Division judge, hearing officer or arraignment court
				magistrate shall consider releasing the defendant on his or her own
				recognizance, or sign own bail ("SOB"), or on a nominal amount of
				collateral.
(2) If the defendant
				has a prior history of failing to appear for Traffic Division scheduled
				hearings, and notice of the hearings was served personally on defendant, the
				Traffic Division judge, hearing officer or arraignment court magistrate may set
				collateral in an amount not to exceed the collateral that may be required for
				the payment of defendant's unadjudicated citations and the balance of
				outstanding fines and costs owed on adjudicated citations.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION › Part B - Philadelphia Municipal Court Traffic Division Procedures › Rule 1035 - Appointment of Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				When the Traffic Division judge or hearing officer has preliminarily determined
				that there is a likelihood that imprisonment will be imposed at the conclusion
				of a summary traffic proceeding,
(1) a hearing
				may be held if retained or appointed counsel is available; or
(2) if the defendant is without financial
				resources or is otherwise unable to employ counsel, the judge shall continue
				the proceeding, issue a scheduling order, and either appoint counsel or direct
				the defendant to report for a financial interview to determine eligibility to
				court-appointed counsel.