The Criminal Justice Process

A crime is reported to law enforcement authorities, initiating the criminal justice process.

Police conduct an investigation to gather evidence, interview witnesses, and identify suspects.

If sufficient evidence is found, law enforcement arrests the suspect and formally charges them with the crime.

The accused is brought before a judge, who sets bail and informs them of the charges.

A preliminary hearing is held to determine if there is enough evidence to proceed with the case.

Guilty Plea: If the accused pleads guilty at the preliminary hearing or before the trial, the case proceeds to sentencing. The judge will schedule a sentencing hearing, where the defendant may present any mitigating factors. Sentencing follows, and the accused may face incarceration, fines, probation, or other penalties as determined by the judge.

Not Guilty Plea: If the accused pleads not guilty, the case proceeds to further legal processes. This includes a formal arraignment where the charges are officially read, followed by pre-trial motions and discovery. The case then moves to trial, where a judge or jury evaluates the evidence and determines the accused’s guilt or innocence.

The Magisterial District Judge (MDJ) issues a verdict based on the preliminary hearing, deciding whether the case should proceed.

The case is either held for further proceedings or waived to the Court of Common Pleas for trial.

The accused is formally arraigned in the Court of Common Pleas, where they enter a plea of guilty or not guilty.

Guilty Plea: If the accused has already pleaded guilty, there is typically no trial. Instead, a sentencing hearing is scheduled. During sentencing, the judge reviews the facts of the case and any statements from victims or the defense before imposing a sentence. The sentencing phase allows for the presentation of mitigating factors or arguments for leniency.

Not Guilty Plea: If the accused pleads not guilty, the trial proceeds with a Trial by Judge/Jury.

The case goes to trial, where a judge or jury hears evidence and determines the guilt or innocence of the accused.

If found guilty, the judge imposes a sentence, which may include fines, community service, or incarceration.