Direct appeals from criminal cases are then heard by the Pennsylvania Superior Court. AppealsĪll appeals will be filed and proceed in accordance with the Pennsylvania Rules of Appellate Procedure. These issues are case-specific and need to be evaluated on a case-by-case basis. It is important to discuss any appellate issues with your appointed attorney. When a Defendant is found guilty by way of jury trial or non-jury trial, the Defendant may have further grounds to raise issues on appeal regarding potential errors occurring during the course of their trial or legal decisions regarding pre-trial motions. Negotiated Plea Agreementĭefendants who enter into a negotiated plea agreement and are sentenced by the Court in accordance with their plea significantly limit their appellate rights. It is important for a Defendant to seek the advice of counsel in this regard as to whether or not such a Post-Sentence Motion is appropriate. Under the Pennsylvania Rules of Criminal Procedure, and given the circumstances of the case, a post-sentence motion may be filed to raise defined legal issues. Also, given the nature of the criminal case, it may be necessary for the attorney to meet with their client to review discovery in person and further discuss the course of their legal defense. Following the receipt of Discovery from the Commonwealth, the assigned attorney will review it and may file any pre-trial legal motions within the timeframes provided under the rules of criminal procedure. Discover FilingĪt the same time as Formal Arrangement, the Public Defender's Office will automatically file for Discovery in your criminal case. Should the Defendant choose to enter a plea, the agreement is entered into the record and the Defendant receives a Sentence Court Notice in place of the above-mentioned dates. Defendants may have the option of entering into a plea agreement on the day of Arraignment. Often times, a Defendant receives an initial plea offer to resolve the criminal case. These dates include Status Conference, Call of the List or Judicial Conference dates, Jury Selection dates, and Trial dates. A defendant will also receive a criminal case scheduling form. At the HearingĪt this hearing, a defendant will receive formal notice of the criminal charges filed against them. In Butler County, a Common Pleas Judge will advise every defendant as to their rights and pre-trial procedures for requesting discovery and the filing of various pre-trial motions. This hearing is mandatory under the Pennsylvania Rules of Criminal Procedure and is the beginning point for all of the timelines as provided under the rules of criminal procedure. Read the general description of the major procedural events in the course of any criminal case:įormal Arraignment is essentially the formal beginning of a criminal case before the Butler County Court of Common Pleas. If an arrest warrant is issued then it is important to have such warrant lifted either by contacting your attorney to schedule proceedings or to contact Butler County Court Administration 72) to schedule an appearance before the Court. If at any point in the proceedings a defendant fails to appear for a scheduled court hearing a bench warrant will issue for their arrest. It is incumbent upon the defendant to make arrangements for this to occur and plan accordingly since the Court has priority over any other matter currently pending. A defendant is required and expected to personally appear at all scheduled court hearings and proceedings. Through any stage of the litigation, it is important for a client to listen to the advice of their appointed attorney. For individual's not otherwise familiar with the Criminal Justice system, their involvement therein can be overwhelming.
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