reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(2) - Statewide or Regional Investigating Grand Juries › Rule 243 - Location of Statewide or Regional Investigating Grand Juries

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The location or locations of an
				investigating grand jury having statewide jurisdiction shall be designated in
				the order convening the investigating grand jury.
(B) Investigating grand juries having
				multi-county jurisdiction over specified counties shall be located within any
				county of its jurisdiction.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(2) - Statewide or Regional Investigating Grand Juries › Rule 244 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
Any presentment by a statewide or regional investigating
				  grand jury shall be returned to the supervising judge who shall, by order,
				  designate the county for filing the presentment and for further
				  proceedings.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD) › Part A - Summary Cases › Rule 300 - Accelerated Rehabilitative Disposition in Summary Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Unless the district attorney has elected,
				pursuant to paragraph(B)(1), that ARD in summary cases proceed in the court of
				common pleas, ARD in summary cases shall proceed in the office of the proper
				issuing authority as provided in Rule 301.
(B) The district attorney, by filing a
				certification with the president judge, may:
(1) elect that ARD in summary cases proceed
				in the court of common pleas pursuant to Rule 302; and/or
(2) designate certain classes of offenses or
				offenders, in addition to those statutorily excluded, that shall not be
				considered for summary case ARD.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD) › Part A - Summary Cases › Rule 301 - Procedures for Accelerated Rehabilitative Disposition in Summary Cases Before the Minor Judiciary

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Unless the district attorney has elected that ARD in summary cases proceed in
				the court of common pleas pursuant to Rule 300(B)(1), if the defendant is
				eligible for inclusion in an ARD program, the issuing authority may admit the
				defendant into an ARD program subject to the local procedures formulated by the
				president judge pursuant to Rule 300(D). If the issuing authority does not
				admit a defendant who is eligible for ARD, the issuing authority shall include
				in the monthly report required by Rule 300(D)(2)(e) a written statement of the
				reasons for not admitting the defendant.
(B) If the defendant declines to accept or
				fails to complete the program, or if the issuing authority does not admit the
				case for ARD, the case shall proceed to trial as provided in Chapter
				4.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD) › Part A - Summary Cases › Rule 302 - Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas-Local Option

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When the district attorney has filed a
				certification to proceed by local option under Rule 300, after institution of
				criminal proceedings in a summary case, the issuing authority, the defendant,
				the defendant's attorney, or any other interested person may request that the
				district attorney consider the defendant's case for inclusion in the
				Accelerated Rehabilitative Disposition Program.
(B) If the district attorney decides to move
				for the defendant's inclusion in an ARD program, the case shall proceed as
				provided in Rules 311-320, subject to the local procedures formulated by the
				president judge pursuant to Rule 300(D).
(C) If the district attorney decides not to
				move for the defendant's inclusion in an ARD program, or if the defendant
				declines to accept or fails to complete the program, or if the judge does not
				accept the case for ARD, the case shall be referred to the proper issuing
				authority and shall proceed as provided in Chapter 4.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD) › Part B - Court Cases › Rule 310 - Motion for Accelerated Rehabilitative Disposition

Current through Register Vol. 54, No. 28, July 13, 2024
After criminal proceedings in a court case have been
				  instituted, the attorney for the Commonwealth may move, before a judge
				  empowered to try court cases, that the case be considered for accelerated
				  rehabilitative disposition.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD) › Part B - Court Cases › Rule 311 - Application Process and Notice of Motion by Attorney for the Commonwealth

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When
				accelerated rehabilitative disposition proceedings are initiated, the attorney
				for the Commonwealth shall advise the defendant and the defendant's attorney of
				the attorney for the Commonwealth's intention to present the case to an
				appropriate judge. Notice of the proceedings shall be given also to any victim
				or victims of the offense charged.
(B) Information or statements supplied by the
				defendant to the attorney for the Commonwealth in an ARD application shall not
				be used against the defendant for any purpose in any criminal proceedings
				except a prosecution based on the falsity of the information or statement
				supplied.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD) › Part B - Court Cases › Rule 312 - Hearing, Explanation of Program

Current through Register Vol. 54, No. 28, July 13, 2024
Hearing on a motion for accelerated rehabilitative
				  disposition shall be in open court in the presence of the defendant, the
				  defendant's attorney, the attorney for the Commonwealth, and any victims who
				  attend. At such hearing, it shall be ascertained on the record whether the
				  defendant understands that:
(1)
				acceptance into and satisfactory completion of the accelerated rehabilitative
				disposition program offers the defendant an opportunity to earn a dismissal of
				the pending charges;
(2) should the
				defendant fail to complete the program, the defendant waives the appropriate
				statute of limitations and the defendant's right to a speedy trial under any
				applicable Federal or State constitutional provisions, statutes or rules of
				court during the period of enrollment in the program.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD) › Part B - Court Cases › Rule 313 - Hearing, Manner of Proceeding

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				When the defendant, with the advice and agreement of the defendant's attorney,
				indicates understanding of these proceedings, requests acceptance into the
				program, and agrees to the terms set forth in Rule 312, the stenographer shall
				close the record.
(B) The judge
				thereupon shall hear the facts of the case as presented by the attorney for the
				Commonwealth, and such information as the defendant or the defendant's attorney
				may present, and shall hear from any victim present. No statement presented by
				the defendant shall be used against the defendant for any purpose in any
				criminal proceeding except a prosecution based on the falsity of the
				information or statement supplied.
(C) After hearing the facts of the case, if
				the judge believes that it warrants accelerated rehabilitative disposition, the
				judge shall order the stenographer to reopen the record and shall state to the
				parties the conditions of the program. If the judge does not accept the case
				for accelerated rehabilitative disposition, the judge shall order that the case
				proceed on the charges as provided by law. No appeal shall be allowed from such
				order.
(D) After the stenographer
				reopens the record, the defendant shall thereupon state to the judge whether
				the defendant accepts the conditions and agrees to comply. If the statement is
				in the affirmative, the judge may grant the motion for accelerated
				rehabilitative disposition and shall enter an appropriate order as set forth in
				Rules 314 and 315. If the defendant answers in the negative, the judge shall
				proceed as set forth in Rule 317.
(E) Upon the judge's granting of the motion
				for accelerated rehabilitative disposition, bail shall be terminated, and any
				money or other form of security deposited shall be returned in accordance with
				the rules pertaining to bail.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD) › Part B - Court Cases › Rule 314 - Deferring Action Upon Admission to Program Before Information

Current through Register Vol. 54, No. 28, July 13, 2024
When a defendant is accepted into the program of accelerated
				  rehabilitative disposition before the filing of an information, the judge shall
				  order that no information shall be filed with the court on the charges
				  contained in the transcript during the term of the program.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD) › Part B - Court Cases › Rule 315 - Deferring Adjudication of the Charges Upon Admission to Program After Information

Current through Register Vol. 54, No. 28, July 13, 2024
When a defendant is accepted into the program of accelerated
				  rehabilitative disposition after the filing of an information, the judge shall
				  order that further proceedings on the charges shall be postponed during the
				  term of the program.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD) › Part B - Court Cases › Rule 316 - Conditions of the Program

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				The conditions of the program may be such as may be imposed with respect to
				probation after conviction of a crime, including restitution, except that a
				fine may not be imposed. In addition, the conditions of the program may include
				the imposition of costs, the imposition of a reasonable charge relating to the
				expense of administering the program, and such other conditions as may be
				agreed to by the parties.
(B) The
				period of such program for any defendant shall not exceed two years.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD) › Part B - Court Cases › Rule 317 - Procedure Upon Refusal to Accept the Conditions

Current through Register Vol. 54, No. 28, July 13, 2024
If a defendant refuses to accept the conditions required by
				  the judge, the judge shall deny the motion for accelerated rehabilitative
				  disposition. In such event, the case shall proceed in the same manner as if
				  these proceedings had not taken place.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD) › Part B - Court Cases › Rule 318 - Procedure on Charge of Violation of Conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(A) If the attorney for the Commonwealth
				files a motion alleging that the defendant during the period of the program has
				violated a condition thereof, or objects to the defendant's request for an
				order of discharge, the judge who entered the order for ARD may issue such
				process as is necessary to bring the defendant before the court.
(B) A motion alleging such violation filed
				pursuant to paragraph (A) must be filed during the period of the program or, if
				filed thereafter, must be filed within a reasonable time after the alleged
				violation was committed.
(C) When
				the defendant is brought before the court, the judge shall afford the defendant
				an opportunity to be heard. If the judge finds that the defendant has committed
				a violation of a condition of the program, the judge may order, when
				appropriate, that the program be terminated, and that the attorney for the
				Commonwealth shall proceed on the charges as provided by law. No appeal shall
				be allowed from such order.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD) › Part B - Court Cases › Rule 319 - Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program

Current through Register Vol. 54, No. 28, July 13, 2024
When the defendant shall have completed satisfactorily the
				  program prescribed and complied with its conditions, the defendant may move the
				  court for an order dismissing the charges. This motion shall be supported by
				  affidavit of the defendant and by certification of the agency or person charged
				  with supervising the defendant's program, if any. A copy of the motion shall be
				  served on the attorney for the Commonwealth who shall within 30 days after
				  service advise the judge of any objections to the motion, serving a copy of
				  such objections on the defendant or the defendant's attorney. If there are no
				  objections filed within the 30-day period, the judge shall thereafter dismiss
				  the charges against the defendant. If there are objections filed with regard to
				  the dismissal of charges, the judge shall proceed as set forth in Rule
				  318.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD) › Part B - Court Cases › Rule 320 - Procedure for Expungement Upon Successful Completion of ARD Program

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				When the judge orders the dismissal of the charges against the defendant, the
				judge also shall order the expungement of the defendant's arrest record,
				subject to the provisions of paragraph (B). The expungement order shall contain
				the same information that is required in Rule 490(C) in summary cases and Rule
				790(C) in court cases.
(B) If the attorney for the Commonwealth
				objects to the automatic expungement, the objections shall be filed with the
				judge, together with the objections to dismissal, if any, within 30 days after
				service of a motion for dismissal under Rule 319, and copies of the objections
				shall be served on the defendant or the defendant's attorney.
(C) If the objections are
				filed, the judge shall hold a hearing on the objections, affording all parties
				an opportunity to be heard.
Committee Explanatory Reports:
Final Report explaining the March 1, 2000
					 reorganization and renumbering of the rules published with the Court's Order at
					 30 Pa.B. 1478 (March 18, 2000) .
Final Report explaining the March 14, 2011
					 amendments to paragraph (A) adding the cross reference to Rules 490 and 790
					 published with the Court's Order at 41 Pa.B. 1760 (April 2, 2011) .
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part A - Instituting Proceedings › Rule 400 - Means of Instituting Proceedings in Summary Cases

Current through Register Vol. 54, No. 28, July 13, 2024
Criminal proceedings in summary cases shall be instituted
				  either by:
(1) issuing a citation to
				the defendant; or
(2) filing a
				citation; or
(3) filing a
				complaint; or
(4) arresting without
				a warrant when arrest is specifically authorized by law.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part A - Instituting Proceedings › Rule 401 - Means of Instituting Proceedings in Summary Cases Charging Parking Violations

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Political subdivisions may use parking tickets to inform defendants of parking
				violations and to offer defendants an opportunity to avoid criminal proceedings
				by paying an amount specified on the ticket within the time specified on the
				ticket.
(1) When a political subdivision does
				use parking tickets and a ticket has been handed to a defendant or placed on a
				vehicle windshield, a criminal proceeding shall be instituted only if the
				defendant fails to respond as requested on the ticket.
(2) When a defendant fails to respond to a
				parking ticket, the criminal proceeding shall be instituted either
(a) by a law enforcement officer filing a
				citation with the proper issuing authority, or
(b) by having the parking violation
				information electronically transmitted to the proper issuing authority.
Upon receipt of the citation or the electronically
				  transmitted information, the issuing authority shall proceed as provided in
				  Rule 411, and the case shall proceed in accordance with Rules 411-414.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part B - Citation Procedures › Rule 403 - Contents of Citation

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Every citation shall contain:
(1) The name and
				address of the organization, and badge number, if any, of the law enforcement
				officer;
(2) The name and address
				of the defendant;
(3) a notation if
				the defendant is under 18 years of age and whether the parents or guardians
				have been notified of the charge(s);
(4) The date and time when the offense is
				alleged to have been committed, provided however, if the day of the week is an
				essential element of the offense charged, such day must be specifically set
				forth;
(5) The place where the
				offense is alleged to have been committed;
(6) a citation of the specific section and
				subsection of the statute or ordinance allegedly violated, together with a
				summary of the facts sufficient to advise the defendant of the nature of the
				offense charged;
(7) The date of
				issuance;
(8) a notation if
				criminal laboratory services are requested in the case;
(9) a verification by the law enforcement
				officer that the facts set forth in the citation are true and correct to the
				officer'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
(10) a certification that the citation
				complies with the provisions of the
Case Records Public Access Policy
				of the Unified Judicial System of Pennsylvania
regarding confidential
				information and documents.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part B(1) - Procedures When Citation Is Issued to Defendant › Rule 405 - Issuance of Citation

Current through Register Vol. 54, No. 28, July 13, 2024
When a criminal proceeding in a summary case is instituted by
				  issuing a citation to the defendant:
(1) The law enforcement officer who issues
				the citation shall exhibit an official sign of the officer's authority;
				and
(2) The law enforcement officer
				contemporaneously shall give the defendant a paper copy of the citation
				containing all the information required by Rule 403.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part B(1) - Procedures When Citation Is Issued to Defendant › Rule 406 - Procedure Following Issuance of Citation

Current through Register Vol. 54, No. 28, July 13, 2024
Within 5 days after a citation is issued to the defendant,
				  the citation shall be filed with the proper issuing
				  authority.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part B(1) - Procedures When Citation Is Issued to Defendant › Rule 407 - Pleas in Response to Citation

Current through Register Vol. 54, No. 28, July 13, 2024
Within 10 days after issuance of a citation, the defendant
				  shall notify the issuing authority by mail or in person that the defendant
				  either pleads not guilty or pleads guilty.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part B(1) - Procedures When Citation Is Issued to Defendant › Rule 408 - Not Guilty Pleas-Notice of Trial

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A defendant may plead not guilty by:
(1) appearing before the issuing authority,
				entering the plea, and depositing such collateral for appearance at trial as
				the issuing authority shall require; or
(2) notifying the issuing authority in
				writing of the plea and forwarding as collateral for appearance at trial an
				amount equal to the fine and costs specified in the citation, plus any
				additional fee required by law. If the fine and costs are not specified, the
				defendant shall forward the sum of $50 as collateral for appearance at
				trial.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part B(1) - Procedures When Citation Is Issued to Defendant › Rule 409 - Guilty Pleas

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
				defendant may plead guilty by:
(1) notifying
				the issuing authority in writing of the plea and forwarding to the issuing
				authority an amount equal to the fine and costs specified in the citation;
				or
(2) appearing before the issuing
				authority for the entry of the plea and imposition of sentence when the fine
				and costs are not specified in the citation or after receipt of notice that a
				guilty plea by mail has not been accepted by the issuing authority pursuant to
				paragraph (B)(3).
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part B(2) - Procedures When Citation Filed › Rule 410 - Filing of Citation

Current through Register Vol. 54, No. 28, July 13, 2024
When it is not feasible to issue the citation to the
				  defendant or when evidence is discovered after the issuance of a citation that
				  gives rise to additional summary charges against the defendant resulting from
				  the same incident, a law enforcement officer shall institute a criminal
				  proceeding in a summary case by filing a citation with the proper issuing
				  authority.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part B(2) - Procedures When Citation Filed › Rule 411 - Procedures Following Filing of Citation-Issuance of Summons

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Upon the filing of the citation,
				including receipt of electronically transmitted citation or parking violation
				information, the issuing authority shall issue a summons commanding the
				defendant to respond within 10 days of receipt of the summons, unless the
				issuing authority has reasonable grounds to believe that the defendant will not
				obey a summons in which case an arrest warrant shall be issued. The summons
				shall be served as provided in these rules.
(B) A copy of the citation shall be served
				with the summons, except in cases charging parking violations when the parking
				violation information is electronically filed.
(C) In cases charging parking violations in
				which the parking violation information is electronically filed, the summons
				also shall include:
(1) The date, time, and
				location of the parking violation;
(2) a description of the vehicle and the
				license number; and
(3) a
				description of the parking violation.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part B(2) - Procedures When Citation Filed › Rule 412 - Pleas in Response to Summons

Current through Register Vol. 54, No. 28, July 13, 2024
Within 10 days after receipt of a summons, the defendant
				  shall notify the issuing authority by mail or in person that the defendant
				  either pleads not guilty or pleads guilty.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part B(2) - Procedures When Citation Filed › Rule 413 - Not Guilty Pleas-Notice of Trial

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A defendant may plead not guilty by:
(1) appearing before the issuing authority,
				entering the plea, and depositing such collateral for appearance at trial as
				the issuing authority shall require; or
(2) notifying the issuing authority in
				writing of the plea and forwarding as collateral for appearance at trial an
				amount equal to the fine and costs specified in the summons, plus any
				additional fee required by law. If the fine and costs are not specified, the
				defendant shall forward the sum of $50 as collateral for appearance at
				trial.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part B(2) - Procedures When Citation Filed › Rule 414 - Guilty Pleas

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
				defendant may plead guilty by:
(1) notifying
				the issuing authority in writing of the plea and forwarding to the issuing
				authority an amount equal to the fine and costs specified in the summons;
				or
(2) appearing before the issuing
				authority for the entry of the plea and imposition of sentence when the fine
				and costs are not specified in the summons or after receipt of notice that a
				guilty plea by mail has not been accepted by the issuing authority pursuant to
				paragraph (B)(3).
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part C - Procedures in Summary Cases When Complaint Filed › Rule 420 - Filing of Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
When the affiant is not a law enforcement officer, the
				  affiant shall institute a criminal proceeding in a summary case by filing a
				  complaint with the proper issuing authority.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part C - Procedures in Summary Cases When Complaint Filed › Rule 421 - Procedure Following Filing of Complaint-Issuance of Summons

Current through Register Vol. 54, No. 28, July 13, 2024
Upon filing of a complaint, the issuing authority shall
				  decide whether to issue process. If the issuing authority decides to issue
				  process, a summons shall be issued, unless the issuing authority has reasonable
				  grounds to believe that the defendant will not obey a summons, in which case an
				  arrest warrant shall be issued. The summons shall be served as provided in
				  these rules. A copy of the complaint shall be served with the
				  summons.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part C - Procedures in Summary Cases When Complaint Filed › Rule 422 - Pleas in Response to Summons

Current through Register Vol. 54, No. 28, July 13, 2024
Within 10 days after receipt of a summons, the defendant
				  shall notify the issuing authority by mail or in person that the defendant
				  either pleads not guilty or pleads guilty.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part C - Procedures in Summary Cases When Complaint Filed › Rule 423 - Not Guilty Pleas-Notice of Trial

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A defendant may plead not guilty by:
(1) appearing before the issuing authority,
				entering the plea, and depositing such collateral for appearance at trial as
				the issuing authority shall require; or
(2) notifying the issuing authority in
				writing of the plea and forwarding as collateral for appearance at trial an
				amount equal to the fine and costs specified in the summons, plus any
				additional fee required by law. If the fine and costs are not specified, the
				defendant shall forward the sum of $50 as collateral for appearance at
				trial.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part C - Procedures in Summary Cases When Complaint Filed › Rule 424 - Guilty Pleas

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
				defendant may plead guilty by:
(1) notifying
				the issuing authority in writing of the plea and forwarding to the issuing
				authority an amount equal to the fine and costs specified in the summons;
				or
(2) appearing before the issuing
				authority for the entry of the plea and imposition of sentence when the fine
				and costs are not specified in the summons or after receipt of notice that a
				guilty plea by mail has not been accepted by the issuing authority pursuant to
				paragraph (B)(3).
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part D(1) - Arrests With a Warrant › Rule 430 - Issuance of Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				ARREST WARRANTS INITIATING PROCEEDINGS
A warrant for the arrest of the defendant shall be issued
				  when:
(1) The citation or summons is
				returned undelivered; or
(2) The
				issuing authority has reasonable grounds to believe that the defendant will not
				obey a summons.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part D(1) - Arrests With a Warrant › Rule 431 - Procedure When Defendant Arrested With Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When a warrant is issued pursuant to Rule
				430 in a summary case, the warrant shall be executed by a police officer as
				defined in Rule 103.
(1) If the warrant is
				executed between the hours of 6 a.m. and 10 p.m., the police officer shall
				proceed as provided in paragraphs (B) or (C).
(2) If the warrant is executed outside the
				hours of 6 a.m. and 10 p.m., unless the time period is extended by the
				president judge by local rule enacted pursuant to Rule 105, the police officer
				shall call the proper issuing authority to determine when the issuing authority
				will be available pursuant to Rule 117.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part D(2) - Arrests Without a Warrant › Rule 440 - Arrest Without Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
When an arrest without a warrant in a summary case is
				  authorized by law, a police officer who exhibits some sign of authority may
				  institute proceedings by such an arrest.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part D(2) - Arrests Without a Warrant › Rule 441 - Procedure Following Arrest Without Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When a defendant has been arrested
				without a warrant, the defendant shall be either released from custody pursuant
				to paragraph (B) or taken before the proper issuing authority under paragraph
				(C).
(B) When a defendant has been
				arrested without a warrant, the arresting officer shall promptly release the
				defendant from custody when the following conditions have been met:
(1) The defendant poses no threat of
				immediate physical harm to any other person or to himself or herself;
				and
(2) The arresting officer has
				reasonable grounds to believe that the defendant will appear as required.
A citation shall be issued to the defendant at the time of
				  release and thereafter the case shall proceed in accordance with Rules 405-409
				  as if the proceedings had been instituted by issuing a citation to the
				  defendant.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part E - General Procedures in Summary Cases › Rule 451 - Service

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Citations,
				summonses, and trial notices in summary cases may be served either personally
				upon the defendant or by mail to the defendant's last known address.
(B) When service of a summons has been made
				by first class mail and the defendant fails to respond or appear within the
				time specified by these rules, the issuing authority shall cause service to be
				made upon the defendant personally or by certified mail, return receipt
				requested. Thereafter, the case shall proceed as provided in these
				rules.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part E - General Procedures in Summary Cases › Rule 452 - Collateral

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The issuing
				authority shall release the defendant on recognizance unless the issuing
				authority has reasonable grounds to believe that the defendant will not
				appear.
(B) If the issuing
				authority has reasonable grounds to believe that the defendant will not appear,
				the issuing authority may fix the amount of collateral to be deposited to
				ensure a defendant's appearance at the summary trial, which amount shall not
				exceed the full amount of the fine and costs.
(C) In determining whether it is necessary to
				set collateral and what amount of collateral should be set, the issuing
				authority shall consider the factors listed in Rule 523.
(D) If collateral is set, the issuing
				authority shall state in writing the reason(s) why any collateral other than
				release on recognizance has been set and the facts that support a determination
				that the defendant has the ability to pay monetary collateral.
(E) To be released on recognizance or to
				request a lower amount of collateral, the defendant must appear personally
				before the issuing authority to enter a plea, as provided in Rules 408, 413,
				and 423.
(F) The collateral
				deposited shall be in United States currency or a cash equivalent.
(G) The collateral deposited may be forfeited
				after conviction at the summary trial and applied to payment of the fine,
				costs, and restitution.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part E - General Procedures in Summary Cases › Rule 453 - Joinder of Offenses and Defendants

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When more than one person is alleged to
				have participated in the commission of a summary offense, the issuing authority
				shall accept one citation or complaint for each person charged. The citations
				or complaints against such persons may be consolidated for trial.
(B) When more than one summary offense is
				alleged to have been committed by one person arising from the same incident,
				the matter shall proceed as a single case and the issuing authority shall
				receive only one set of costs.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part E - General Procedures in Summary Cases › Rule 454 - Trial in Summary Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Immediately prior to trial in a summary
				case:
(1) The defendant shall be advised of
				the charges in the citation or complaint;
(2) if, in the event of a conviction, there
				is a reasonable likelihood of a sentence of imprisonment or probation, the
				defendant shall be advised of the right to counsel and
(a) upon request, the defendant shall be
				given a reasonable opportunity to secure counsel; or
(b) if the defendant is without financial
				resources or is otherwise unable to employ counsel, counsel shall be assigned
				as provided in Rule 122; and
(3) The defendant shall enter a
				plea.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part E - General Procedures in Summary Cases › Rule 455 - Trial in Defendant's Absence

Current through Register Vol. 54, No. 28, July 13, 2024
(A) If the defendant fails to appear for
				trial in a summary case, the trial shall be conducted in the defendant's
				absence, unless the issuing authority determines that there is a likelihood
				that the sentence will be imprisonment or that there is other good cause not to
				conduct the trial in the defendant's absence. If the trial is not conducted in
				the defendant's absence, the issuing authority may issue a warrant for the
				defendant's arrest.
(B) At trial,
				the issuing authority shall proceed to determine the facts and render a
				verdict.
(C) If the defendant is
				found not guilty, any collateral previously deposited shall be
				returned.
(D) If the defendant is
				found guilty, the issuing authority shall impose sentence, and shall give
				notice by first class mail to the defendant of the conviction and sentence, and
				of the right to file an appeal within 30 days for a trial
de
				novo
. In those cases in which the amount of collateral deposited does
				not satisfy the fine and costs imposed or the issuing authority imposes a
				sentence of restitution, the notice shall also state that failure within 10
				days of the date on the notice to pay the amount due or to appear for a hearing
				to determine whether the defendant is financially able to pay the amount due
				may result in the issuance of an arrest warrant.
(E) Any collateral previously deposited shall
				be forfeited and applied only to the payment of the fine, costs, and
				restitution. When the amount of collateral deposited is more than the fine,
				costs and restitution, the balance shall be returned to the
				defendant.
(F) If the defendant
				does not respond within 10 days to the notice in paragraph (D), the issuing
				authority may issue a warrant for the defendant's arrest.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part E - General Procedures in Summary Cases › Rule 456 - Default Procedures: Restitution, Fines, and Costs

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When a defendant advises the issuing
				authority that a default on a single remittance or installment payment of
				restitution, fines, or costs is imminent, the issuing authority may schedule a
				hearing on the defendant's ability to pay. If a new payment schedule is
				ordered, the order shall state the date on which each payment is due, and the
				defendant shall be given a copy of the order.
(B) If a defendant defaults on the payment of
				fines and costs, or restitution, as ordered, the issuing authority shall notify
				the defendant in person or by first class mail that, unless within 10 days of
				the date on the default notice, the defendant pays the amount due as ordered,
				or appears before the issuing authority to explain why the defendant should not
				be imprisoned for nonpayment as provided by law, a warrant for the defendant's
				arrest may be issued.
(C) If the
				defendant appears pursuant to the 10-day notice in paragraph (B) or following
				an arrest for failing to respond to the 10-day notice in paragraph (B), the
				issuing authority shall conduct a hearing immediately to determine whether the
				defendant is financially able to pay as ordered.
(1) If the hearing cannot be held
				immediately, the issuing authority shall release the defendant on recognizance
				unless the issuing authority has reasonable grounds to believe that the
				defendant will not appear, in which case, the issuing authority may set
				collateral as provided in Rule 523.
(2) If collateral is set, the issuing
				authority shall state in writing the reason(s) why any collateral other than
				release on recognizance has been set and the facts that support a determination
				that the defendant has the ability to pay monetary collateral.
(3) If collateral is set and the defendant
				does not post collateral, the defendant shall not be detained without a hearing
				longer than 72 hours or the close of the next business day if the 72 hours
				expires on a non-business day.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part E - General Procedures in Summary Cases › Rule 457 - Withdrawal of Charges in Summary Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(A) In any summary case pending before an
				issuing authority, at any time before the completion of the summary trial or
				acceptance of a guilty plea, the issuing authority may permit the affiant, or
				the affiant's designee, to withdraw one or more of the charges.
(B) When an issuing authority permits an
				affiant or the affiant's designee to withdraw one or more of the charges, the
				issuing authority shall record the withdrawal on the transcript, and promptly
				shall notify the defendant in writing.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part E - General Procedures in Summary Cases › Rule 458 - Dismissal in Summary Cases Upon Satisfaction or Agreement

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When a defendant is charged with a
				summary offense, the issuing authority may dismiss the case upon a showing
				that:
(1) The public interest will not be
				adversely affected;
(2) The
				attorney for the Commonwealth, or in cases in which no attorney for the
				Commonwealth is present at the summary proceeding, the affiant, consents to the
				dismissal;
(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 4 - PROCEDURES IN SUMMARY CASES › Part F - Procedures in Summary Cases for Appealing to Court of Common Pleas for Trial De Novo › Rule 460 - Notice of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				When an appeal is authorized by law in a summary proceeding, including an
				appeal following a prosecution for violation of a municipal ordinance that
				provides for imprisonment upon conviction or upon failure to pay a fine, an
				appeal shall be perfected by filing a notice of appeal within 30 days after the
				entry of the guilty plea, the conviction, or other final order from which the
				appeal is taken. The notice of appeal shall be filed with the clerk of
				courts.
(B) The notice of appeal
				shall contain the following information:
(1)
				The name and address of the appellant;
(2) The name and address of the issuing
				authority who accepted the guilty plea or heard the case;
(3) The magisterial district number in which
				the case was heard;
(4) The name
				and mailing address of the affiant as shown on the complaint or
				citation;
(5) The date of the entry
				of the guilty plea, the conviction, or other final order from which the appeal
				is taken;
(6) The offense(s) of
				which convicted or to which a guilty plea was entered, if any;
(7) The sentence imposed, and if the sentence
				includes a fine, costs, or restitution, whether the amount due has been
				paid;
(8) The type or amount of
				bail or collateral, if any, furnished to the issuing authority;
(9) The name and address of the attorney, if
				any, filing the notice of appeal; and
(10) except when the appeal is from a guilty
				plea or a conviction, the grounds relied upon for appeal.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part F - Procedures in Summary Cases for Appealing to Court of Common Pleas for Trial De Novo › Rule 460 - Notice of Appeal; Transmittal of Transcript and Associated Documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When an appeal is authorized by law in a
				summary proceeding, including an appeal following a prosecution for violation
				of a municipal ordinance that provides for imprisonment upon conviction or upon
				failure to pay a fine, an appeal shall be perfected by filing a notice of
				appeal within 30 days after the entry of the guilty plea, the conviction, or
				other final order from which the appeal is taken. The notice of appeal shall be
				filed with the clerk of courts.
(b)
				The notice of appeal shall contain the following information:
(1) the name and address of the
				appellant;
(2) the name and address
				of the issuing authority who accepted the guilty plea or heard the
				case;
(3) the magisterial district
				number in which the case was heard;
(4) the name and mailing address of the
				affiant as shown on the complaint or citation;
(5) the date of the entry of the guilty plea,
				the conviction, or other final order from which the appeal is taken;
(6) the offense(s) of which convicted or to
				which a guilty plea was entered, if any;
(7) the sentence imposed, and if the sentence
				includes a fine, costs, or restitution, whether the amount due has been
				paid;
(8) the type or amount of
				bail or collateral, if any, furnished to the issuing authority;
(9) the name and address of the attorney, if
				any, filing the notice of appeal; and
(10) except when the appeal is from a guilty
				plea or a conviction, the grounds relied upon for appeal.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part F - Procedures in Summary Cases for Appealing to Court of Common Pleas for Trial De Novo › Rule 461 - Stays

Current through Register Vol. 54, No. 28, July 13, 2024
(A) In all summary
				cases in which a sentence of imprisonment has been imposed, execution of
				sentence shall be stayed until the time for appeal expires.
(B) In any summary case in which a notice of
				appeal is filed, the execution of sentence shall be stayed.
(C) A defendant who is represented by
				counsel, or a defendant who has waived counsel as provided in Rule 121, may
				waive the stay. The waiver must be in writing, signed by the defendant and
				defendant's counsel, if any, and made a part of the record.
(D) Whenever the execution of sentence is
				stayed pursuant to this rule, the issuing authority shall release the defendant
				on recognizance unless the issuing authority has reasonable grounds to believe
				that the defendant will not appear, in which case, the issuing authority may
				set collateral as provided in Rule 523.
(1)
				In determining whether it is necessary to set collateral and what amount of
				collateral should be set, the issuing authority shall consider the factors
				listed in Rule 523 and the length of sentence in relation to the length of the
				stay.
(2) The issuing authority
				shall state in writing the reason(s) why any collateral other than release on
				recognizance has been set and the facts that support a determination that the
				defendant has the ability to pay monetary collateral.
(3) If the defendant is incarcerated during
				the period of a stay for failure to post collateral, in no event shall the
				defendant be incarcerated for a period greater than the period of imprisonment
				awarded in the original sentence.