Criminal Case Process in Northampton County

A Crime Occurs

A criminal act—committed by an adult or juvenile—violates state laws such as the Pennsylvania Crimes Code, Motor Vehicle Code, or Drug Act.

Reporting the Crime

If officers are not on the scene when a crime takes place, they are typically alerted by a witness or the victim—often via 911.

Police Response and Investigation

Law enforcement conducts a thorough investigation, which may include collecting evidence, interviewing those involved, and identifying potential suspects through various methods like photo arrays or lineups.

Filing a Criminal Complaint

After gathering enough evidence, the police may file a criminal complaint with the local Magisterial District Judge or arrest a suspect directly (based on the nature of the offense). The complaint outlines the charges and the basic facts supporting them.

Private Complaints

If the police choose not to file charges, a citizen can submit a private complaint. However, this must first be reviewed and approved by a prosecutor in the District Attorney’s Office.

Preliminary Arraignment

At this initial court appearance, the defendant is informed of the charges and their legal rights. Bail may be set, and a date is scheduled for a preliminary hearing (typically within 3–10 days).

Preliminary Hearing

Held before a Magisterial District Judge, this hearing determines whether there’s enough evidence to move forward. If the Commonwealth establishes probable cause, the case is held for trial. If not, charges may be dismissed. Police often handle this hearing, though an Assistant District Attorney may be present in certain cases.

Formal Charges (Information)

If the case proceeds, a formal set of charges—called an “Information”—is filed by the District Attorney’s Office. This document details each offense in numbered counts.

Formal Arraignment

The defendant receives a copy of the Information and is advised of their rights, including the right to file pretrial motions (usually within 30 days).

Pretrial Status Conference

This meeting typically includes the judge, the defense attorney, and an Assistant District Attorney. A trial date may be set, or the case may be resolved through a plea agreement.

Trial or Guilty Plea

The defendant can plead guilty (with or without a plea agreement) or proceed to trial. Trials may be heard by a jury or by a judge alone. At trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. The defense may present evidence, but is not required to.

Jury Trial Steps

• Jurors are randomly selected from driver/voter rolls.
• Attorneys question jurors during “voir dire.”
• Twelve jurors (plus alternates) are chosen.
• The case is presented by both sides.
• After closing arguments and instructions from the judge, jurors deliberate privately.
• A unanimous verdict is required. If no verdict is reached, it may result in a hung jury.

Non-Jury Trial

If the case is tried before a judge alone, the process is similar, but the judge decides the verdict instead of a jury.

Guilty Pleas

A defendant may enter a guilty or “no contest” plea. The court ensures the plea is voluntary, and the judge may impose a sentence immediately or request a pre-sentence investigation.

Pre-Sentence Investigation

If needed, the Probation Department prepares a report for the judge, which may include background on the defendant and victim impact statements.

Sentencing

Judges consider many factors—including sentencing guidelines and input from both sides—when deciding penalties. These may include jail time, probation, fines, community service, or restitution.

Appeals

Defendants can appeal the conviction or sentence, beginning with the trial court or directly to the Superior Court of Pennsylvania. Further appeals may be made to the Pennsylvania Supreme Court. The District Attorney’s Office responds to all appeals filed by the defense.

Post-Conviction Relief

A defendant may also seek a separate review under the Post Conviction Relief Act or file for federal review through a habeas corpus petition. The DA’s Office responds to these filings as necessary.