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Lexis Nexis LexisNexis Practice Guide: Pennsylvania Criminal Law
This publication is a practical guide to the practice and procedure of Pennsylvania criminal law, primarily geared toward the defense.
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Topically organized, this practice guide covers the entire process of a criminal trial in Pennsylvania, from the initial representation of a client through sentencing and post-sentencing procedures and much more. Each chapter combines authoritative legal analysis with an expert author's practical insights, distilled from 25+ years of experience working in the Public Defender's Office of Cumberland County. Includes helpful Practice Tips that transition smoothly from legal analysis to practical application of a point of law.
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Table of contents
CHAPTER 1 JURISDICTION AND VENUE
§ 1.01 Jurisdiction: Introduction
§ 1.02 Case Law Overview
§ 1.03 Single Criminal Episode
§ 1.04 Special Situations
§ 1.05 Venue: Introduction; Pa.R.Crim.P. 130
§ 1.06 Charges in More than One Magisterial District
§ 1.07 Proceedings Before Issuing Authority: Pa.R.Crim.P. 131
§ 1.08 Objections to Venue
§ 1.09 Procedures for Transferring Charges Before the Preliminary Hearing
§ 1.10 Change of Venue or Venire
CHAPTER 2 BAIL
§ 2.01 Constitutional Foundation
§ 2.02 Statutory Right to Bail
§ 2.03 Drug Cases
§ 2.04 First and Second Degree Murder
§ 2.05 Bail Inapplicable to Post-Conviction Relief Act (PCRA)
§ 2.06 Bail Before Finding of Guilt
§ 2.07 Bail After Finding of Guilt; Pa.R.Crim.P. 521
§ 2.08 Release Criteria
§ 2.09 Types of Release
§ 2.10 Bail Bond
§ 2.11 Conditions of Bail Bond
§ 2.12 Additional Nonmonetary Conditions of Bail
§ 2.13 Monetary Conditions of Bail
§ 2.14 Modification of Bail Before Verdict
§ 2.15 Duties and Powers of Bail Agency
§ 2.16 Qualifications of Surety
§ 2.17 Substitution of Surety
§ 2.18 Increased Amount of Monetary Conditions of Bail
§ 2.19 Duration of Obligation
§ 2.20 Return or Retention of Deposit
CHAPTER 3 PRELIMINARY HEARINGS
§ 3.01 Introduction
§ 3.02 Standard of Evidence
§ 3.03 Timing
§ 3.04 Waiver of Hearing
§ 3.05 Conduct of Preliminary Hearing
§ 3.06 Continuances
§ 3.07 Summary Offenses
§ 3.08 Appearance or Non-Appearance
§ 3.09 After the Hearing
CHAPTER 4 ARRAIGNMENT
§ 4.01 Introduction
§ 4.02 Foundational Rule
§ 4.03 Requirements at Formal Arraignment
CHAPTER 5 BILL OF PARTICULARS AND DISCOVERY
§ 5.01 Key Rules
§ 5.02 Key Cases
§ 5.03 Bill of Particulars: Overview
§ 5.04 Pa.R.Crim.P. 573: Overview
§ 5.05 Brady Material
§ 5.06 Discretionary Discovery
§ 5.07 Alibi
§ 5.08 Identification
§ 5.09 Scientific Tests and Expert Opinions
§ 5.10 Tangible Objects
§ 5.11 Coroners and Autopsy Reports
§ 5.12 Criminal Records of Witnesses
§ 5.13 Experts
§ 5.14 Disclosure by Defendant
§ 5.15 Discretionary Discovery from the Defense
§ 5.16 The Continuing Duty to Disclose
§ 5.17 Remedies
§ 5.18 Pretrial Motions and Discovery
§ 5.19 Discovery of Material of Third Party
§ 5.20 Sanctions for Failure to Provide Discovery
CHAPTER 6 OMNIBUS PRETRIAL MOTIONS
§ 6.01 Introduction
§ 6.02 Timeliness and Filing the Motion
§ 6.03 Timeliness
§ 6.04 Filing and Service of Motions
§ 6.05 After the Motion Is Filed
§ 6.06 Contents of the Omnibus Motion
§ 6.07 Disposition of Motions
CHAPTER 7 SEARCH WARRANTS
§ 7.01 Background
§ 7.02 Rules Governing Search Warrants
CHAPTER 8 PRIVILEGES
§ 8.01 Introduction
§ 8.02 Rape Shield Law
§ 8.03 Spousal Competency
§ 8.04 Spouses as Witnesses Against Each Other
§ 8.05 Confidential Communications Between Spouses
§ 8.06 Drug Overdose Response Immunity
CHAPTER 9 ACCELERATED REHABILITATIVE DISPOSITION (ARD) AND OTHER
ALTERNATIVE DISPOSITIONS
§ 9.01 Key Rules
§ 9.02 Key Cases
§ 9.03 Accelerated Rehabilitative Disposition (ARD): Overview
§ 9.04 Summary Offenses and ARD
§ 9.05 Court Cases and ARD
§ 9.06 Successful Completion of the ARD Program
§ 9.07 Discretion of Prosecutor
§ 9.08 Constitutionality
§ 9.09 ARD Revocations
§ 9.10 Other Alternative Dispositions—Sections 17 and 18 of Drug Act
§ 9.11 Specialty Courts
CHAPTER 10 PLEAS
§ 10.01 Introduction
§ 10.02 Rules Regarding Guilty Pleas
§ 10.03 Withdrawal of Plea
§ 10.04 Cases in Which Courts Considered Pre Sentence Motions to Withdraw a Guilty
Plea
§ 10.05 Waiver of the Right to Withdraw a Guilty Plea is Viewed with Caution
§ 10.06 Post Sentence Withdrawal of Plea
§ 10.07 Guilty Pleas in Court Cases Before Magisterial District Judge
CHAPTER 11 SENTENCING
§ 11.01 Introduction
§ 11.02 Basic Sentencing Procedure
§ 11.03 Sentencing Guidelines
§ 11.04 Mandatory Sentences
§ 11.05 Procedures and Appeals
§ 11.06 Discretionary Aspects of Sentence: Substantial Question
§ 11.07 Legality of Sentence
§ 11.08 Credit
§ 11.09 Merger
§ 11.10 Restitution
§ 11.11 Alternatives to Total Incarceration
§ 11.12 Sexual Offender Sentencing
§ 11.13 Sexual Offender Registration
§ 11.14 Driving Under the Influence (DUI)
CHAPTER 12 PROBATION AND PAROLE
§ 12.01 Introduction
§ 12.02 Probation and Parole Revocations
§ 12.03 Requirements for Release on State Parole
§ 12.04 Violations of State Parole
§ 12.05 Obtaining Parole
§ 12.06 Parole Agent Power
§ 12.07 Searches by Parole Officers
§ 12.08 Sexual Offender and Parole Conditions
§ 12.09 Rescission of Parole
§ 12.10 County Probation Revocation
CHAPTER 13 POSTSENTENCE PROCEDURES
§ 13.01 Introduction
§ 13.02 Collateral Order
§ 13.03 Basic Postsentence Motion
§ 13.04 Bail Pending Appeal
§ 13.05 Responsibility of Counsel
§ 13.06 Postsentence Motions Filed by Both Sides
§ 13.07 Preservation of Issues
§ 13.08 Rule 1925(B) Statement of Matters Complained Of
§ 13.09 Waiver and Pa.R.Crim.P. 1925(B)
CHAPTER 14 POSTCONVICTION RELIEF ACT
§ 14.01 Introduction
§ 14.02 The Act
§ 14.03 Timeliness
§ 14.04 Jurisdiction
§ 14.05 Discovery
§ 14.06 Review of Collateral Counsel Effectiveness
§ 14.07 Juvenile Lifers
§ 14.08 Dismissal Without Hearing
§ 14.09 No Merit—Anders/Turner/Finley
§ 14.10 Proper Standards
§ 14.11 Specific Claims
§ 14.12 Postconviction DNA Testing
CHAPTER 15 INTERSTATE AGREEMENT ON DETAINERS AND EXTRADITION
§ 15.01 Introduction
§ 15.02 Interstate Agreement on Detainers
§ 15.03 Extradition
CHAPTER 16 JUVENILE LAW
§ 16.01 Introduction
§ 16.02 Jurisdiction and Definitions
§ 16.03 Delinquent Act and Delinquency
§ 16.04 Transfer to Adult Court
§ 16.05 Transfer from Adult Court to Juvenile Court
§ 16.06 Procedures in Juvenile Delinquency Proceedings
§ 16.07 Disposition
§ 16.08 Consent Decrees
§ 16.09 Notice to School
§ 16.10 Effect of Adjudication
§ 16.11 Record Dissemination
§ 16.12 Sexual Offenders and Offenses
§ 16.13 Juvenile Lifers
CHAPTER 17 FORFEITURE
§ 17.01 Overview
§ 17.02 Property Subject to Forfeiture
§ 17.03 Terrorism Forfeiture
§ 17.04 Procedure
§ 17.05 Burdens of Proof
§ 17.06 Sufficiency of Nexus Between Property and Criminal Activity
§ 17.07 Right to Jury
§ 17.08 Motion for Return of Property
APPENDIX A: FORMS
§ A.1. Checklist for Bail Hearing
§ A.2. Alication Form for the Assignment of Counsel
§ A.3. Checklist for Pretrial Discovery
§ A.4. Checklist: Probation Without Verdict
§ A.5. Disposition in Lieu of Trial (35 P.S. § 780-118)
§ A.6. Forms Pertaining to Accelerated Rehabilitative Disposition (ARD)
§ A.7. Forms Pertaining to Waiver of Counsel
§ A.8. Forms Pertaining to Petition for Expungement
§ A.9. Appearance and Waiver of Appearance at Arraignment
§ A.10. Order for Dismissal Upon Satisfaction and Agreement
§ A.11. Request for Transcript—Pa.R.J.A. 4007(A)
§ A.12. Private Criminal Complaint
§ A.13. Consent Decree Order
§ A.14. Request for Transfer from Juvenile to Adult Court
TABLE OF CASES
TABLE OF STATUTES
INDEX
