Arrest - When an arrest is made, the defendant is usually taken to the detective division where they will attempt to take a statement.

Preliminary Arraignment - A preliminary arraignment is a hearing before a magistrate judge. The purpose is to determine the charges, assess the defendant’s criminal record, and set bail conditions.

Preliminary Hearing - The preliminary hearing is usually scheduled about two weeks after the preliminary arraignment. The hearing is before a Magisterial District Court Judge or a Municipal Court Judge (Philadelphia County). The purpose of the preliminary hearing is to determine whether it is more likely than not that (a) a crime was committed and (b) whether the defendant committed the crime. The Commonwealth presents witnesses at these hearings but they are also allowed to present hearsay evidence. If the judge determines that there is enough evidence then the case is bound over to the Court of Common Pleas.

Arraignment - The arraignment is the first step when the court is transferred to the Court of Common Pleas. It is where the formal charges are submitted to the Court. In most counties, you can waive the defendant’s presence.

Pretrial Conference - The pretrial conference is set about one to two months after the arraignment. The purpose of the conference is to status the case to determine if there is going to be a plea, motions, or set it for trial. The District Attorney’s Office typically conveys its lowest offer at that pretrial conference to encourage the early disposition of the case.

Motions Hearing - If any motions are filed, such as motions to suppress, there is typically a motion hearing date set to litigate those motions. If the case is still standing after the motions, a trial date will be set.

Trial - There are two types of trial: a bench trial or a jury trial. In a bench trial, the judge listens to the evidence and decides the facts and the law. The judge decides if the Commonwealth presented sufficient evidence to prove all the elements beyond a reasonable doubt. In a jury trial, the jury decides the facts and the judge decides the law. The jury determines if the Commonwealth proved all the elements beyond a reasonable doubt.