When it comes to how criminal charges can affect your life, there's no such thing as a minor criminal charge. Even charges that carry lesser penalties can affect your life, your career, your relationships, and your future.
If you're facing criminal charges in Lackawanna County, you need an attorney who can help you understand your options and navigate the process. The LLF Law Firm Criminal Defense Team works with clients in Lackawanna County and throughout Pennsylvania. Call us at 888-535-3686 or fill out our online form.
Criminal Courts in Lackawanna County
Where a crime occurs generally determines what court hears a case. That you live in a different part of Pennsylvania or out of state doesn't matter. If the alleged crime occurred in Lackawanna County, that's where charges will be filed and the criminal process will proceed.
When charged with a crime in Lackawanna County, defendants will appear before either the Court of Common Pleas or a Magisterial District Court. The Lackawanna County Courthouse, which is part of the Court of Common Pleas, is located in Scranton.
Magisterial District Courts
Pennsylvania's district courts handle both criminal and civil matters. This includes traffic offenses, emergency relief under Protection from Abuse (PFA) orders, and all felony and misdemeanor criminal cases.
What district courts generally handle in regards to criminal cases:
- Arraigning defendants
- Setting bail
- Advising defendants of their rights
- Preliminary hearings
At preliminary hearings, defendants may waive their cases to the Court of Common Pleas. After a preliminary hearing, cases will be dismissed or bound over to the court if sufficient evidence exists to proceed with the case.
Magisterial District Courts in Lackawanna County
Lackawanna County has ten district courts. District judges are elected and serve six-year terms.
The office for Magisterial District 45-0-00, which is the Central Court, is located at:
Lackawanna County Criminal Justice Center
1360 Wyoming Avenue, Scranton, PA 18509
Its phone number is (570) 963-6436.
The office for Magisterial District 45-1-01, which covers the Boroughs of Old Forge, Taylor, and Moosic, is located at:
1 Maxson Drive
Old Forge, PA 18518
Its phone number is (570) 457-3320.
The office for Magisterial District 45-1-02, which covers Wards 9, 10, 16, and 17 of the City of Scranton, is located at:
130 N. Washington Ave.
Scranton, PA 18503
Its phone number is (570) 963-6518.
The office for Magisterial District 45-1-03, which covers Wards 11, 12, 19, 20, and 24 of the City of Scranton, is located at:
1629 Pittston Avenue
Scranton, PA 18505
Its phone number is (570) 963-6516.
The office for Magisterial District 45-1-05, which covers Wards 4, 5, 6, 14, 15, 18, 21, and 22 of the City of Scranton, is located at:
1600 Farr Street
Scranton, PA 18504
Its phone number is (570) 963-6503.
The office for Magisterial District 45-1-06, which covers Wards 1, 2, 3, 7, 13, and 23 of the City of Scranton, Greenridge, and the borough of Dunmore, is located at:
2012 West Pine Street
Dunmore, PA 18512
Its phone number is (570) 963-6521.
The office for Magisterial District 45-1-08, which covers the Boroughs of Dickson City, Olyphant, and Throop, is located at:
901 Enterprise St, 2nd Floor
Dickson City, PA 18519
Its phone number is (570) 383-0421.
The office for Magisterial District 45-3-01, which covers the Boroughs of Dalton, Clarks Summit, Clarks Green, LaPlume, parts of Abington, Glenburn, Waverly, Newton, and Ransom, is located at:
104 Shady Lane Rd
PO Box 427
Chinchilla, PA 18410
Its phone number is (570) 587-1909.
The office for Magisterial District 45-3-02, which covers the Boroughs of Moscow, Townships of Jefferson, Roaring Brook, Elmhurst, Madison, Spring Brook, Covington, Clifton, and Thornhurst, is located at:
113 N Main St
Moscow, PA 18444
Its phone number is (570) 842-2111.
The office for Magisterial District 45-3-03, which covers the City of Carbondale, the Borough of Vandling, and the Townships of Fell, Carbondale, Scott, and Benton, is located at:
38 N Main St
Carbondale, PA 18407
Its phone number is (570) 282-3181.
The office for Magisterial District 45-3-04, which covers the Boroughs of Archbald, Jermyn, Mayfield, Blakely, and Jessup, is located at:
Archbald Borough Building
400 Church Street – 2nd Floor
Archbald, PA 18403
Its phone number is (570) 876-0570.
For defendants, arriving on time and at the correct courthouse aren't small details but important parts of a criminal case. This is especially true when a city or town has more than one courthouse or district court, as is the case in Scranton.
Courts should provide their address and contact information. Defendants who are unsure of the time or location of a hearing should call the court to confirm.
Failure to appear can have serious implications, including arrest warrants, and may limit a defendant's options for defending and appealing the case.
Lackawanna County Court of Common Pleas
In comparison to the district courts, Lackawanna County has a single court of common pleas. This court handles both criminal and civil matters.
Some of the criminal matters that the court of common pleas handles:
- Both adult and juvenile criminal prosecutions
- DUIs
- Assault
- Drug crimes
- Burglary
- Theft and Larceny
- Motor Vehicle Theft
- Arson
- Sex crimes
- Homicide and manslaughter
Specialty courts handle some of these charges. Drug cases, for example, may go in front of the adult drug court, juvenile drug court, or family drug court.
The Lackawanna County Court of Common Pleas is located at:
Lackawanna County Criminal Justice Center
1360 Wyoming Avenue
Scranton, PA 18509
The court's phone number is (570) 963-6436.
Levels of Criminal Offenses in Lackawanna County
Lackawanna County follows Pennsylvania's three classifications for criminal charges. These classifications are based on the alleged crime's severity.
Charges are different from convictions, and individuals may be convicted of lesser offenses than what they're charged with. For example, a person may be charged with murder but convicted of manslaughter.
The three classifications of criminal charges:
- Summary offenses
- Misdemeanors
- Felonies
If a defendant is found guilty or accepts a plea bargain, their sentencing is based on the crime they were convicted of or which they pled to. This conviction, not the initial allegations or charge, is what determines the sentencing guidelines.
Summary Offenses
Summary offenses are the least serious of the three classifications. They carry a maximum period of imprisonment of ninety days, although the majority of people convicted of summary offenses will avoid jail time but will pay a fine. Summary offenses may appear on criminal background checks.
Misdemeanors
Misdemeanors are the middle child of Pennsylvania's criminal classifications. They're more serious than summary offenses but not as serious as felonies.
Within the category of misdemeanors are three degrees of misdemeanors, each with its own sentencing guidelines. For all three degrees, individuals may face prison and/or fines if convicted.
Pennsylvania's three degrees of misdemeanors are:
- Misdemeanors of the third degree, which are the least severe
- Misdemeanors of the second degree
- Misdemeanors of third degree, which are the most serious
Defendants shouldn't confuse a criminal charge being less severe with a lack of serious repercussions to their lives. Any criminal conviction can affect their lives, their careers, and their relationships, even years after the fact.
For sentencing guidelines, each degree of misdemeanor has a maximum term for imprisonment and fines. The first degree has the most serious penalties of the three.
Felonies
Felonies are the most serious classification for criminal charges in Pennsylvania. Similar to misdemeanors, felonies have degrees of severity, and each felony degree has its own sentencing guidelines.
In addition to the three degrees of felonies, there's also murder of the first or second degree. A conviction of murder in the first or second degree results in either life imprisonment or a death sentence.
Plea Bargains
Plea bargains are an increasingly common resolution to criminal cases, for good and bad. In a plea bargain, instead of a trial, a defendant agrees to plead guilty to charges, which are often a lower degree or classification than the original charges.
Plea bargains are generally resolved quicker than a trial but have a significant downside. Once a defendant agrees to a plea bargain, they generally lose their right to an appeal.
For some defendants, the advantages of plea bargains may outweigh the disadvantages. A defendant's attorneys, such as the LLF Law Firm Criminal Defense Team, can have a bigger role in deciding sentencing. Unlike a courtroom, where a judge determines sentencing, the defense can potentially negotiate with the prosecutor on sentencing.
One of the most important parts of any plea bargain is that the defendant is the one who makes the final decision to accept or reject a plea bargain. If a defendant wants their day in court, they have a right to a jury trial. No defendant should be pressured into accepting a plea deal.
Lackawanna County Criminal Procedures
Each criminal case is unique and has its own set of facts. These differences can extend to the judicial process, although criminal cases generally follow a similar series of 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
Defendants can end up off this procedural path at any point in the process. Charges may be dismissed. A defendant may decide to accept a plea deal.
In criminal courts, defendants must be found guilty beyond a reasonable doubt. All defendants are innocent until proven guilty and have a right to their day in court.
Trial Versus Plea Deal
Whether a defendant should accept a plea bargain or opt for a case to go to trial is intensely personal. A defendant's situation, the facts of the case, the evidence: these are just a few of the details that can affect a trial's outcome.
Some defendants may be best served by accepting a plea deal. Others may be better defended through a trial, or a plea deal may not be much of a bargain for a dependent.
Given the high stakes of a criminal conviction, defendants should consider their options carefully. The LLF Law Firm Criminal Defense Team helps our clients determine the best course of action for their case.
Drug Intervention Programs in Lackawanna County
In 2000, Lackawanna County began its Drug Treatment Court. The purpose of this court was to focus on treatment rather than punishment with the goal of reducing addictive behaviors. The Drug Treatment Court seems to push for a balance between holding individuals accountable for their actions and providing treatment to help individuals achieve sustainable sobriety.
The Drug Treatment Court is a diversionary program that works with individuals who, while under the influence of drugs, committed serious misdemeanors or felonies or who are suffering from mental health disorders.
The Drug Treatment Court has had significant success, but the District Attorney's office wanted to also address low-level offenders who needed similar support. The result is the Fresh Start program, which works with low-level offenders who are battling addiction.
Fresh Start
Lackawanna County has identified the following goals for its Fresh Start program:
- Connect people to treatment
- Support people through recovery
- Reduce overdose deaths
- End the pattern of criminal behavior that relates to addiction or mental health issues
The Fresh Start program is one of Lackawanna County's attempts to balance public safety and public health against reducing program participant's criminal behavior.
Lackawanna County Attorneys
All criminal charges can have serious repercussions on your life. Making a wrong mistake can have a negative impact on your life, your relationships, your career, and anything else that matters to you.
The LLF Law Firm Criminal Defense Team works with individuals in Lackawanna County and throughout Pennsylvania. We help our clients determine the best course of action for their situation and what they can do to protect their future, their loved ones, and their reputation.
When it comes to the impact a criminal charge can have on your life, there's no such thing as a minor crime. The LLF Law Firm Criminal Defense Team helps our clients understand the criminal process and be empowered to make decisions on the best way to navigate criminal charges. Call us at 888-535-3686 or fill out our online form.