| 1. Charging Process: | | | | your case and set up important pretrial motions |
| After the police officer decides to charge you, he | | | | for litigation later on in the process. Never agree |
| or she will prepare a criminal complaint and an | | | | to waive your preliminary hearing until after you |
| affidavit of probable cause (usually a brief | | | | have had the opportunity to speak with an |
| summary of the incident in narrative form) and | | | | attorney. |
| file it with the local District Judge in whose | | | | 3. Arraignment: |
| jurisdiction the offense is alleged to have been | | | | This is the date set after your preliminary hearing, |
| committed. This process can take anywhere from | | | | about 30 to 60 days after your hearing. You can |
| a couple of days to several weeks depending | | | | usually waive your appearance without prejudice |
| upon the officer. The District Judge mails the | | | | to your case. It is primarily an event to advise |
| complaint to you usually via certified and regular | | | | you of your of rights and deadlines for pretrial |
| mail. Beware, the District Judge will issue a | | | | motions. If you have an attorney, he or she will |
| warrant and have you physically arrested if you | | | | advise you of these rights. |
| fail to acknowledge service of this paperwork. In | | | | 4. Pretrial Conference: |
| rare circumstances, usually when a driver is from | | | | This is generally a housekeeping day in which your |
| out of state or country, an officer will actually | | | | attorney discusses your case with the District |
| prepare the paperwork while you are in custody | | | | Attorney, often in front of a Judge, and attempts |
| following the arrest and you will be taken in front | | | | to negotiate the best possible plea bargain or sets |
| of a District Judge who will set bail. This is called a | | | | a date for trial. It is also an opportunity to speak |
| preliminary arraignment. In either case, you will | | | | with the court about pending pretrial motions. It |
| receive written notice that a preliminary hearing | | | | will happen about 6 weeks after arraignment. The |
| has been scheduled and an order requiring you to | | | | date is set by the Court. |
| get fingerprinted and photographed. It is this | | | | 5. Suppression or other Pretrial Motion Hearings: |
| process that initiates a criminal history. | | | | The Court may suppress some or all of the |
| 2. Preliminary Hearing: | | | | evidence against you if your constitutional rights |
| This is a crucial hearing in your case. The | | | | have been violated. Your attorney will file motions |
| preliminary hearing is not a trial. The principal | | | | to suppress. It occurs anywhere 6 weeks to 3 |
| function of a preliminary hearing is to protect an | | | | months after the pre-trial conference. |
| individual's right against arrest and detention | | | | 6. Trial: |
| without probable cause. At this hearing, the | | | | Under the new law, you no longer have an |
| Commonwealth bears the burden of establishing a | | | | absolute right to a jury trial in first offense |
| prima facia case that a crime was committed and | | | | DUI’s and trial will occur before a Judge – |
| you are probably the one who committed it. It is | | | | known as a bench trial. In other cases, trial is to a |
| not necessary for the Commonwealth to establish | | | | jury of twelve. Trial dates are usually scheduled at |
| that your are guilty beyond a reasonable doubt at | | | | the pretrial conference and within two months of |
| this stage. The preliminary hearing is critical to a | | | | the date a jury is selected. |
| defendant because it can be used as an | | | | 7. |
| opportunity to “discover” facts about | | | | |