How Are Felony Charges Prosecuted in Pennsylvania? Here’s Everything You Need to Know.

If you’re facing felony charges in Pennsylvania, you’re probably feeling overwhelmed and unsure of what comes next. The process can be complex, with multiple stages and legal jargon that may leave you scratching your head. As a defense attorney practicing in Pennsylvania, I’ve helped many clients navigate this process. Let me walk you through it step-by-step so you understand what to expect, how to prepare, and, most importantly, how to protect your rights.

What Happens After an Arrest in Pennsylvania?

Once you’re arrested, the clock starts ticking. Here’s what you can expect:

Preliminary Arraignment

The preliminary arraignment is your first appearance before a judge. During this hearing, you’ll be informed of the charges against you and your rights. Bail is also set during this stage. Depending on the nature of the felony, bail can range from relatively affordable to sky-high.

Pro Tip: If bail is set too high, don’t panic. Your lawyer can file a motion to reduce bail later. I once had a client charged with a first-degree felony whose bail was initially set at $250,000. After presenting evidence of his strong community ties, we successfully reduced it to $50,000, which made a huge difference for his family.

Preliminary Hearing

This is a critical stage. The prosecutor must show enough evidence to convince the judge that a crime was committed and that you may be responsible. Unlike what you see on TV, this isn’t a full-blown trial. The standard of proof is much lower.

Key Insight: At the preliminary hearing, it quickly became apparent that the prosecution was unable to establish that my client was the individual responsible for the crime. While they presented some testimony and evidence, none of it directly implicated my client. There were no credible witnesses or solid forensic evidence linking my client to the alleged offense. Without any clear or convincing proof, it was evident that the prosecution had not met the burden required to move the case forward.

What Are Pre-Trial Motions and Why Do They Matter?

Pre-trial motions are legal tools that can significantly impact the outcome of your case. Here’s a breakdown of common motions:

Motion to Suppress Evidence

If the police gathered evidence illegally, your lawyer can file a motion to suppress that evidence. Without key evidence, the prosecution’s case may fall apart.

For example, I once represented a client in a drug possession case. The police conducted a search without a warrant, and we successfully had the evidence suppressed. Without that evidence, the prosecutor had no choice but to drop the charges.

Motion to Dismiss Charges

If there are legal flaws in the case against you, your lawyer can file a motion to dismiss the charges outright. While not always granted, it’s worth exploring.

Motion for Change of Venue

In high-profile cases where it’s impossible to get an impartial jury, a motion for a change of venue can ensure a fair trial.

What Should You Know About Plea Bargaining?

Plea bargaining is a common part of the criminal justice process. In fact, most felony cases in Pennsylvania never go to trial because they end in a plea deal.

Pros and Cons of Plea Bargains

• Pros: You can avoid the uncertainty of a trial, reduce your charges, and potentially receive a lighter sentence.
• Cons: You’re giving up your right to a trial and accepting some level of guilt.

I always tell my clients: “A plea deal is only as good as the evidence against you.” If the prosecution’s case is weak, we may have leverage to negotiate a better deal—or even push for dismissal.

What Happens During a Felony Trial in Pennsylvania?

If your case goes to trial, it’s important to understand each phase:

Jury Selection

Jury selection is crucial. Both the defense and prosecution want jurors who will view their case favorably. Your lawyer will ask questions to identify potential biases.

Opening Statements

The prosecutor goes first, laying out their theory of the case. Your lawyer will then provide an alternative narrative.

Presentation of Evidence

This is where things get serious. The prosecution will present witnesses and evidence. Your lawyer will cross-examine witnesses and challenge the evidence.

I once had a case where the prosecution relied heavily on eyewitness testimony. During cross-examination, we highlighted inconsistencies in the witness’s story, which created enough doubt to secure an acquittal.

Closing Arguments

Both sides summarize their case. This is the last chance to persuade the jury before they deliberate.

Jury Deliberation and Verdict

The jury will deliberate and return a verdict: guilty, not guilty, or hung (meaning they couldn’t reach a decision).

Sentencing and Appeals

If you’re found guilty, the judge will set a sentencing date. Pennsylvania follows sentencing guidelines, but your lawyer can argue for mitigating factors to reduce the sentence.

If there were errors during the trial, your lawyer can file an appeal. Appeals are complex, but they can lead to a new trial or even a dismissal of charges.

FAQ: Common Questions About Felony Charges in Pennsylvania

1. How long does it take for a felony case to go to trial in Pennsylvania?

It varies, but most cases take several months to over a year. Factors include court schedules, pre-trial motions, and plea negotiations.

2. Can I get bail if I’m charged with a felony?

Yes, but it depends on the severity of the charges and your criminal history. A good attorney can help argue for lower bail.

3. What happens if I miss a court date?

Missing a court date can result in a bench warrant for your arrest. Always communicate with your lawyer if you have issues attending court.

4. Should I take a plea deal?

It depends on the specifics of your case. Your lawyer can advise you on whether a plea deal is in your best interest.

5. Can felony charges be reduced to misdemeanors?

Yes, in some cases. Your lawyer can negotiate with the prosecution to reduce charges.