![]() ![]() ![]() The next proceeding is the formal arraignment. ![]() At this stage, the District Attorney may exercise discretion and terminate the prosecution by declining to file an information or by adding or deleting charges. The information will specify in particular counts the offenses charged against the defendant. The District Attorney's Office will then file a formal charging document, called an "information" with the clerk of courts. If a prima facie case is not presented, the defendant should be discharged.Īfter holding a case for court, the district justice will send notice to the county clerk of courts who in turn will notify the District Attorney. If a prima facie case is presented, the case will be held for court. The Commonwealth is represented by the District Attorney's Office. Generally, in Franklin County all preliminary hearings are held at the Courthouse during Central Court. At the preliminary hearing the Commonwealth is required to present a prima facie case or, in other words, evidence that a crime has been committed and that the defendant is probably the perpetrator of that crime. The preliminary hearing is also convened before a district justice. A preliminary hearing is scheduled not less then three days but not more than ten days following preliminary arraignment. At this proceeding the defendant is provided with a copy of the complaint and advised of his rights. If a warrant of arrest is issued, or if the process was initiated by a warrantless arrest, the defendant must appear before the district justice for a preliminary arraignment. Less serious cases proceed with the issuance of a summons which provides notice of the defendant's scheduled preliminary hearing. The district justice will issue either a summons or a warrant of arrest, depending on the seriousness of the offense alleged. Once the complaint is filed, the presence of the defendant is secured voluntarily by summons, or compelled by arrest. Once approved, the process is the same as if the complaint had been filed by a police officer. A private criminal complaint must first be approved by the District Attorney before it can proceed. If the police decline to file a complaint, a private person is permitted to file a private complaint. The complaint identifies the defendant, lists the crimes charged and contains a brief factual summary upon which the charges are based. Investigation may include interviewing the victim, witnesses and/or suspects collecting physical evidence visiting, viewing, photographing and/or measuring the crime scene identifying suspects through photo arrays or line-ups, etc.Īfter an alleged crime is investigated, the police initiate the criminal process by filing a complaint with the district justice or by making a warrantless arrest followed by the filing of a complaint. The following steps outline the procedure that occurs when a crime is committed. ![]()
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