Criminal charges can wreak havoc on your life. Depending on the charge, you could be prevented from living in certain areas, seeing your family, or even staying employed in certain fields. Moreover, these consequences can have repercussions on your mental and emotional state, affecting your physical and mental health.
If you or someone you know has been charged with a crime in Centre County, Pennsylvania, you need a strong defense. Call the LLF Law Firm today at 888-535-3686 or schedule an online consultation.
Centre County Criminal Procedures
Centre County divides the responsibility of overseeing criminal cases between the Magisterial District Courts and the Court of Common Pleas.
Magisterial District Courts
There are six Magisterial District Courts in Centre County, sometimes referred to as the Minor Judiciary of Centre County. They have jurisdiction over cases involving:
- fines and penalties for government agencies,
- summary offenses,
- issues that appear under the Landlord and Tenant Act, and
- civil claims for breach of contract and trespass that are $12,000 or less.
In addition, the Magisterial District Judges oversee:
- arraignments,
- bail issues,
- warrants,
- preliminary hearings, and
- act as the committing judges in all criminal cases.
Centre County Magisterial District Courts Criminal Procedures
When an individual is charged with a crime in Centre County, their preliminary arraignment is done by the Magisterial District Judge in their district. The judge will review the prosecution's charges, schedule the preliminary hearing date, and then determine whether bail is necessary and, if so, where to set it. Bail is usually decided by looking at:
- the alleged motivations behind the criminal offense;
- the defendant's previous convictions or court orders;
- whether the defendant poses a danger to the community;
- the defendant's ties to the Centre County community.
The progression of your case through the Municipal District court will depend on the type of crime you are accused of:
- Summary Offenses: These offenses are usually overseen by the Magisterial District Court and have a maximum sentence of 90 days in jail.
- Misdemeanors: The Magisterial District Court typically hears misdemeanor cases through third-degree misdemeanors, but most cases are transferred to the Court of Common Pleas.
- Felonies: The Court of Common Pleas will always handle felonies as they are more serious in nature than a misdemeanor.
During the preliminary hearing, both sides can present evidence, but it is up to the state to prove there is enough evidence to warrant a trial (a “prima facie” case). If they fail to do so, the judge can dismiss the case. However, if they can prove a prima facie case, it will move forward to trial.
Court of Common Pleas
In Centre County, there are four judges who serve in the Court of Common Pleas. Unlike the Magisterial District Courts, the Court of Common Pleas is responsible for:
- formal arraignments,
- judge or jury trials,
- pre-trial motions,
- post-trial motions, and
- sentencing.
Centre County Court of Common Pleas Criminal Procedures
Once a case is transferred to the Court of Common Pleas for the defendant's formal arraignment, the charges against them will officially be read. At this time, the defendant will also be notified of their pretrial rights, such as a pretrial conference, bail, and the opportunity to opt in or out of a jury trial.
During the pretrial period, your criminal defense attorney will be working on building your defense by:
- Gathering evidence and witness testimony.
- Filing motions to dismiss certain evidence the prosecution might be trying to bring forward.
- Negotiating and entering into plea agreements on your behalf.
- Filing motions for discovery.
- Seeking continuances, if necessary.
In Pennsylvania, if a misdemeanor or felony charge carries a possible sentence of more than six months in jail, the defendant is entitled to a jury trial. Your experienced attorney will discuss the pros and cons of a jury vs. a bench trial and help you determine the kind in your best interest. Whichever you agree upon, you will be able to request it during this period as well.
At the trial, both sides will have a chance to present their arguments, including evidence and witness testimony that supports their cases. The burden of proof, however, is on the prosecution. So, the state has to prove beyond a reasonable doubt that the defendant committed the alleged crime.
The judge or jury will determine whether the state has met that burden of proof. If they believe they have not, they will issue a “not guilty” verdict. But if they determine the state has met that burden of proof, the defendant will be found “guilty,” and a sentencing hearing will be scheduled.
Once the sentencing hearing is scheduled, the Centre County Probation & Parole Department will prepare a pre-sentencing investigation to help the court determine a sensible punishment for the defendant. Generally, the Probation & Parole Department will look at things like the defendant's responsibility to their community, their work and family obligations, their prior criminal convictions, any medical conditions they may have, and whether they are at risk of re-offending. This information will be included in their pre-sentencing investigation report, which is then delivered to the sentencing judge for review.
Appealing Centre County Criminal Convictions
After a defendant receives their sentencing from the Center County criminal court, they can appeal the decision. However, appeals must be made within 30 days of the sentencing date or after post-sentencing motions are resolved and can only be made on certain grounds. To learn more about the proper way to appeal criminal convictions in Centre County, Pennsylvania, contact the LLF Law Firm today.
Experienced Centre County Criminal Defense Team
Being accused of a criminal offense in Centre County can be extremely frustrating. Not only does being arrested for the crime have repercussions on your entire life, but so does being forced through the criminal proceedings funnel.
The LLF Law Firm Criminal Defense Team understands how overwhelming criminal charges in Centre County can be; as such, they will work diligently to steer you through this complex legal process unscathed. Call our offices at 888-535-3686 today for help or schedule a consultation online.
