If you've been accused of a crime in Susquehanna County, Pennsylvania, and this is your first exposure to the criminal process here, you might be wondering what the path ahead looks like.
Briefly, here are the steps, in order, that accused individuals in the county go through:
- Police make an arrest.
- The individual is charged with a crime. This could be a felony, misdemeanor, or summary offense.
- The accused has a preliminary hearing in a base-level court (Magisterial Court) to determine if the case should be brought to trial.
- The defendant pleads guilty or takes part in a trial at the next court up, the Court of Common Pleas.
- If convicted, there is a sentencing hearing. The individual can face penalties, including prison, fines, or probation.
- The defendant can appeal the conviction to the Superior Court.
- If that appeal is unsuccessful, their case can go to the Supreme Court.
The different types of courts in Pennsylvania can be confusing for someone unfamiliar with the system. Very basically, from lowest to highest level, the order of courts is:
- Magisterial District Courts (there are three in Susquehanna County)
- Courts of Common Pleas (Susquehanna County has one, and it is in Montrose)
- Commonwealth Court or Superior Court
- Supreme Court
If this is already starting to feel overwhelming, you're not alone. You're also not advised to navigate through the criminal process alone. Susquehanna County repeatedly advises the same: “The Court strongly recommends that persons obtain legal counsel.” The LLF Law Firm Criminal Defense Team is available to support and defend you. Call us at 888.535.3686 or set up a confidential consultation online to start the conversation.
Susquehanna County Magisterial District Courts
In Pennsylvania, entry-level courts are located in magisterial districts as well as in Philadelphia and Pittsburgh. The latter two are termed municipal courts. Magisterial Courts are also called Minor Courts or the people's courts. They are the first level of Pennsylvania's judicial system.
Susquehanna's three Magisterial Courts each serve a number of boroughs and townships. They are:
- The Monrose District, located in Montrose
- The Northern District, located in New Milford
- The Southern District, located in Clifford
These courts handle preliminary arraignments and hearings, set and accept bail, issue arrest and search warrants, and issue emergency protection from abuse orders. There are no juries at this level. It is in the Magisterial Court that a judge will decide whether a criminal case progresses to the Court of Common Pleas, discussed later on this page.
Susquehanna County Magisterial District Court Procedures
One's preliminary arraignment in the Magisterial District occurs either in person or virtually, through a videoconference. If the judge sets bail, the amount depends on the case. The judge will take into account the following factors when determining whether to set bail:
- The motivations behind the offense (factors of aggravation or premeditation)
- The individual's connection to Susquehanna County (work, family, community engagement)
- Whether they have previous convictions or other legal orders against them
- Whether they may pose a danger to the community
After setting bail, if necessary, the judge will look at the level of offense (summary, misdemeanor, or felony) to determine how the case will proceed and set a date for a preliminary hearing. Before that part of the process, you and your legal representation will receive a copy of any reports filed against you, such as police reports or complaints.
Summary Offense
This is considered the most minor type of crime in Pennsylvania. It is sometimes called a “non-traffic citation.” Examples include disorderly conduct, loitering, harassment, or low-level retail theft. Convictions usually result in fines. Crimes with a maximum sentence of 90 days incarceration are usually adjudicated in a Magisterial Court.
Misdemeanor
Examples of misdemeanors include giving law enforcement false identification, recklessly endangering someone else, driving under the influence, or possession of a controlled substance.
- First-degree misdemeanors carry up to five years in prison and no more than $10,000 in fines.
- Second-degree misdemeanors carry up to two years in prison and no more than $5,000 in fines.
- Third-degree misdemeanors carry up to one year in prison and no more than $2,500 in fines. Some are completed in a Magisterial District Court, but many progress to the Court of Common Pleas.
Felony
Kidnapping, rape, and murder are examples of felony crimes. Felony cases are tried at the Court of Common Pleas level, not Magisterial Court.
- First-degree felonies carry up to 20 years in prison and up to $25,000 in fines
- Second-degree felonies carry up to 10 years in prison and up to $25,000 in fines
- Third-degree felonies carry up to seven years in prison and up to $15,000 in fines.
Preliminary Hearing at the Magisterial District Court
At the preliminary hearing for a summary or misdemeanor offense at the Magisterial District Court, the Commonwealth is tasked with establishing a "prima facie" case against the accused. Although the prosecution has the burden of proof, they only have to provide a "first glance" substantiation of the charges as a measure to proceed with a trial.
If the prosecution presents sufficient evidence to confirm the charges against the defendant, the judge will refer the case to the court at the next level up, the Court of Common Pleas.
Susquehanna County Court of Common Pleas
The Susquehanna Court of Common Pleas is located in the County Courthouse at 31 Lake Avenue in Montrose. This court handles legal actions like formal arraignment, judge or jury trials, pre- and post-trial motions, appeals from the minor courts, and sentencing.
The first step for the accused at the Court of Common Pleas is formal arraignment, where there is a formal presentation of charges against the individual. Additionally, this stage is where the court advises defendants of their pretrial rights. These include:
- Requesting evidence
- Motions to dismiss evidence
- Entering into a plea agreement
- Motions for discovery
- Continuance requests
For every case in which the offense carries more than six months of incarceration (misdemeanors and felonies), the defendant has the right to a jury trial before 12 Susquehanna County residents. However, if both parties agree, the case can be tried before a judge instead.
Trial and Sentencing in the Court of Common Pleas
During the trial at the Court of Common Pleas, the defense and the prosecution can provide evidence and witnesses to support their case. In criminal cases, the prosecution bears the burden of proof. At the conclusion of the trial, the judge will render a verdict or order the jury to deliberate and reach a collective verdict.
If the defendant is found "not guilty," the trial ends, and the individual is released. Those found "guilty" will be sentenced at a forthcoming sentencing hearing.
Sentencing can be influenced by one's:
- Responsibility to the community
- Work and family duties
- Prior criminal convictions
- Probability of re-offense
- Medical conditions
The defendant may argue for lessening the period of incarceration, altering the location of imprisonment, or other conditions. Individuals impacted by the case may also be able to advocate for the maximum penalties under the law. The judge will then hand down the sentence, which begins immediately but can be postponed under certain circumstances.
Appealing Susquehanna County Criminal Convictions
If a convicted individual wishes to appeal the decision made at the Court of Common Pleas, arguing that errors were made in the hearing, their case may progress to the statewide intermediate appellate court that hears criminal cases, the Superior Court.
Convicted and sentenced individuals have 30 days after sentencing to file their appeal.
If unsuccessful, individuals may also appeal to the Pennsylvania Supreme Court, but few cases are granted a hearing at this level.
Experienced Susquehanna County Criminal Defense Team
If you're facing criminal charges in Susquehanna County, the process can easily upend your everyday life. Are you prepared to present your case with the same relentlessness that the prosecution will exercise when facing you in court? With your future at stake, having a team of professionals on your side can have a dramatic impact on how your life plays out.
Known throughout Susquehanna County, the LLF Law Firm Criminal Defense Team has proven experience protecting the rights of those accused and charged with crimes. We understand Pennsylvania's criminal laws and court procedures, and we have years of experience negotiating with prosecutors on behalf of our clients and defending clients at trial. Call the LLF Law Firm today at 888.535.3686 or set up a confidential consultation online to learn more about how we can help.
