Elk County Criminal Court

Being charged with a crime, even a minor one, can risk what you can do with your life and your future. Whether a misdemeanor, felony, or summary offense, how you defend yourself can have a profound and permanent effect on your life.

The LLF Law Firm Criminal Defense Team works with clients in Lycoming County and throughout Pennsylvania to defend against criminal charges. We work with our clients to understand the options and build a strong case to help them protect their lives, futures, and goals. Call us at 888-535-3686 or fill out our online form.

Levels of Criminal Offenses

Pennsylvania has three classifications for criminal charges that depend on the severity of the alleged crime. The three classifications are:

  • Summary offenses
  • Misdemeanors
  • Felonies

A person may be charged with one offense and found guilty of a lesser offense. For example, theft is both a misdemeanor and a felony, depending on the amount stolen.

When a defendant is found guilty or accepts a plea bargain, the level of the conviction or plea deal determines sentencing guidelines.

Summary Offenses

Summary offenses are the least serious of the three. If convicted, the maximum sentence is imprisonment of up to ninety days, but most of those who are convicted will pay a fine. Summary offenses may appear on criminal background checks.

Misdemeanors

Misdemeanors are the middle child of criminal classifications: more serious than summary offenses and less serious than felonies. Pennsylvania recognizes three degrees of misdemeanors:

  • Misdemeanors of the third degree, the least serious
  • Misdemeanors of the second degree
  • Misdemeanor of the first degree, the most serious

Each degree has its own sentencing guidelines. If convicted, individuals may face prison time, probation, or fines.

Felonies

Felonies cover the most serious crimes. Similar to misdemeanors, felonies also have three degrees of severity, with separate sentencing guidelines for each degree.

The exception is murder of the first or second degree. Individuals convicted of these crimes may be sentenced to either life imprisonment or a death sentence.

Criminal Courts in Elk County

If charged with a crime in Elk County, you'll go before the Court of Common Pleas or a Magisterial District Court. You shouldn't have any questions about when and where to appear.

If you do have questions, it's important to reach out to the courts and verify information as soon as possible. You may face additional problems if you fail to appear or arrive late. Making sure you show up in the right place and at the right time is one way that an attorney can help guide you through the process.

In general, where a crime occurs determines what county handles the criminal charges. A crime that occurs in Elk County will generally be tried in Elk County.

This is the case even when the defendant or anyone involved lives in a different part of Pennsylvania or even another part of the United States. If a crime occurs in multiple counties in Pennsylvania, the choice of county may be more complicated. If a crime crosses state lines, it automatically becomes a federal matter.

If you have questions or concerns about your trial occurring in Elk County, the LLF Law Firm Criminal Defense Team can help you determine if you have any options for a change of venue.

Magisterial District Courts

Pennsylvania's court system has five levels with the lowest being the minor courts. Magisterial District Courts are one of the state's minor courts. They oversee both criminal and civil matters. For criminal charges, the magisterial district courts handle:

  • For all criminal matters, it is the Court of Initial Jurisdiction
  • Setting and accepting bail
  • Issuing
    • Arrest warrants and summonses
    • Search warrants
    • Subpoenas
    • Emergency protection from abuse (PFA) orders
  • Conducting
    • Preliminary arraignments, with or without a warrant, for everyone arrested
    • Preliminary hearings
    • Trials on all summary cases
  • Arraigning anyone who violates PFAs or similar orders

Beyond the initial hearing, the Magisterial District Courts generally handle summary offenses and some misdemeanor cases.

Summary offense cases are the least serious of Pennsylvania's criminal charges. They include both traffic and non-traffic offenses, violations of local ordinances, truancy violations, and other statutory violations, such as sales tax and liquor code offenses.

That a crime is “minor” doesn't lessen the impact it can have on your life. The LLF Law Firm Criminal Defense Team assists with all levels of criminal charges.

Magisterial Districts Located in Elk County

There are two magisterial districts within Elk County. The county is part of the 59th Judicial District along with Cameron County.

The office for Magisterial District 59-3-02 is located at:

409-G Center Street

Johnsonburg, PA 15845

Its phone number is (814) 965-2663.

This district covers the boroughs of Johnsonburg and Ridgway as well as Highland, Horton, Jones, Millstone, Ridgway, and Spring Creek townships.

The office for Magisterial District 59-3-03 is located at:

808 South Michael Street

St. Marys, PA 15857

Its phone number is (814) 781-6995.

This district covers the city of St. Marys and Benezette, Fox, and Jay townships.

Elk County Court of Common Pleas

Elk County and Cameron County are both within the 59th Judicial District. Each county has its own Court of Common Pleas.

The Elk County Court of Common Pleas is located at:

250 Main Street

Ridgway, PA 15853

Its phone number is (814) 776-1161.

For criminal law, the Court of Common Pleas handles crimes such as:

  • Homicide and manslaughter
  • Sex crimes
  • Assault
  • DUIs
  • Drug crimes
  • Burglary
  • Theft and Larceny
  • Motor Vehicle Theft
  • Arson

After the initial hearing, the Court of Common Pleas handles all felony cases and some misdemeanor cases. The Magisterial District Court hears the misdemeanor cases that don't go in front of the Court of Common Pleas.

Elk County Criminal Procedures

For someone to be found guilty in a criminal case, the prosecutor must have proof beyond a reasonable doubt. Cases may also be resolved through an acquittal, a plea deal, or entrance into a diversionary program.

While defendants don't get to choose an acquittal or a prosecutor dropping the charges, they alone should make decisions on accepting a plea deal. They also make the final call, with input from their attorney, on how to defend their case.

The LLF Law Firm Criminal Defense Team doesn't make decisions for our clients. We empower our clients to have the knowledge to make the decisions that best fit their situation.

Every criminal case has its quirks, but most follow the same general steps:

  • An alleged crime occurs
  • Law enforcement investigates
  • Charges are filed
  • Preliminary arraignment, or the first appearance before a court
  • Pretrial actions, such as discovery, motions, and pleas
  • Pretrial conference
  • Trial
  • If found guilty, sentencing

Charges may be dismissed at any point. A defendant may agree to enter into a plea deal at any point before trial.

Plea bargains are a compromise between the charged individual and the county prosecutor. They often allow a defendant to plead no contest or be guilty of a lesser charge. With a plea deal, a defendant might have more input into their sentencing and see a resolution faster than if they waited for a trial.

The downside of a plea deal is that it does deprive an individual of their day in court. They also lose the right to appeal, unlike with a case that goes to trial.

Elk County Attorneys

Navigating Pennsylvania's criminal laws and court system can be overwhelming. The decisions you make can affect not only the outcome of the criminal charges but your entire life.

The LLF Law Firm Criminal Defense Team helps our clients understand the process and options. We work with our clients to assist them with all levels of charges. Call us at 888-535-3686 or fill out our online form.

Contact Us Today!

The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

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