Advocacy Services

If you are a victim of crime and called as a witness to testify in court for the prosecution, you will be sent a letter from the District Attorney. The letter (called a subpoena) will tell you:

• Court date
• Which court to go to
• What time to be there
• How to get there

When a victim calls the police and alleges that a member of his or her household or an intimate partner has committed a violent act against them, the responding police will decide whether or not to make an arrest. If the police decide to make an arrest, it is up to the prosecutor whether or not to press charges. The victim in the situation cannot decide to drop charges.

If it is a problem to get to the court on the day you have been called to be a prosecution witness, let the DA's office and your DAP advocate know immediately.

If the trial cannot go ahead on the expected date, the subpoena is cancelled, and you will be sent another subpoena for another court date. You may also want to explore with the DA's office the option of being placed "on-call," if they provide that opportunity for witnesses.

The preliminary hearing, which occurs 3-10 days after the arrest, unless continued or postponed, is normally held before the Magisterial District Judge (MDJ) who works in the area where the crime took place. There are 30 Magisterial District Courts located throughout Delaware County. An elected Magisterial District Judge presides over each of the individual Magisterial District Courts.

The MDJ’s listen to all of the evidence presented by the prosecution and the defense. At the preliminary hearing, the Commonwealth must present a prima facie case, meaning they must show enough evidence that a crime has been committed and the defendant is most likely the one who committed the crime.

If you are the victim of a crime in which a suspect has been arrested, you will most likely be asked to be a witness at the preliminary hearing.  A subpoena will be sent to you by the MDJ or delivered to you by the police department investigating the crime. You will have the opportunity to speak with the police officer and/or representative from the DA's office before the start of the preliminary hearing.

As a witness for the commonwealth, you may be asked to testify at the preliminary hearing. If you are asked to testify, you will be asked to agree that you promise to tell the truth. If you are a witness for the prosecution, the DA will ask you questions about the case and what you remember. You should always say exactly what you remember. If you cannot remember, you should say that. When the lawyers have finished asking their questions, the judge or DA will let you know when you can leave.

Being asked to come to court does not always mean that you are going to have to testify. A defendant does not need to have a preliminary hearing. The defendant could enter a negotiated waiver. A negotiated waiver is when a district attorney agrees to dismiss a charge(s), if the defendant will waive on the remaining charges. The case can also go directly to Common Pleas Court, if the defendant enters a straight waiver at the preliminary hearing.

Although the arresting police officer may be the one who prosecutes the preliminary hearing before the MDJ, in most district courts in Delaware County, the DA will usually appear and present the case on behalf of the Commonwealth, especially when the charges are of a more serious nature.

The MDJ listens to the testimony or reviews whether there is probable cause to believe a crime was committed and that the person standing in front of the court is the one who committed the crime. The MDJ then decides if there is enough evidence to send the case to Common Pleas Court. If the MDJ does not agree with the evidence presented by the Commonwealth, the charges are dismissed, but it is the state’s right to re-arrest if the MDJ dismisses the case.

The next step is called the formal arraignment, which is done at the courthouse usually a month or two after the preliminary hearing.

The defendant is given a copy of the information sheet and advised of his/her rights. Although called a "formal" arraignment, the procedure is informal. This is also the time that the defendant enters their guilty or not guilty plea.

If you are the victim of a crime in which an offender was arrested, you are not required to attend the formal arraignment; but it is your right to attend all court proceedings if you wish.

Next is the pretrial conference. Generally, the defendant and his/her lawyer and the DA will appear before the judge assigned to the case.

At this time, the defendant may plead guilty, or plead not guilty and if so, ask for a jury or non-jury trial.

Sometimes a defendant and the prosecution can work out an agreement that resolves the criminal matter, called a plea bargain. Usually, the DA agrees to reduce a charge, drop some of multiple charges or recommend a lighter sentence in exchange for the defendant's guilty plea, often to a less serious offense.

If you are the victim of a crime in which an offender was arrested, you are not required to attend the pretrial conference, but it is your right to attend all court proceeds if you wish.

Should the defendant not choose to take a deal with the district attorney, a trial will be scheduled. There are two types of trials. One is a jury trial, where twelve jurors listen to testimony and then deliver a verdict.

Another type trial is a bench trial. A bench trial is when the judge listens to testimony and delivers the verdict themselves. As a witness in criminal case, you may be asked to attend the trial.

If the case goes to a trial, the trial will go like this

Opening Statements – each side will present to the jury what it expects the facts of the case will show. Each party will tell its side of the story.

Prosecution’s Case – the Commonwealth will call witnesses and present evidence to the jury. The defense may cross-examine the prosecution’s witnesses and raise questions or concerns about the evidence.

Defense’s Case – the defense may call witnesses and present evidence on its behalf. The Commonwealth may cross-examine the defense’s witnesses and question the evidence.

Closing Arguments – each side will argue the case to the jury and try to plead with the jury. In closing arguments, the parties will argue the law and the facts to the jury. The defense goes first, followed by the prosecution.

Jury Instructions – the judge will read the law to the jury. The jury takes an oath to follow this law.

Jury Deliberations – the jury will go back to a room and decide what the verdict will be for each count. The verdict can be guilty or not guilty for each count.

Verdict – The verdict will be read aloud in the courtroom.

The court’s probation department prepares a report for the judge summarizing the crime, and the defendant’s personal and criminal backgrounds.

Generally, the victim is contacted about providing a victim impact statement.

Sentencing in Pennsylvania varies with the crime and can be the most confusing part of the criminal process. Most often, sentences are at the judge’s discretion, but in Pennsylvania there are a number of mandatory minimum sentences that must be imposed if a defendant is convicted of a crime.

At the time of sentencing, the judge will consider the information in the pre-sentence report before deciding the sentence. The pre-sentence report contains background information on the defendant such as, criminal record, medical or psychiatric reports, and any time the defendant spent in custody awaiting trial.  The judge will also consult the "sentencing guidelines" to determine the minimum jail/prison sentence.

The judge may consider different alternatives, such as a fine, probation, community service, a sentence to jail or prison, or a combination. The judge must also order the defendant to make restitution to any victims who have suffered financial harm.