This post is the first in a series explaining how the system works in Pennsylvania, and we begin with misdemeanors in Philadelphia.

A misdemeanor is historically a relatively minor offense, and include any offense punishable by up to five years in prison. The most common misdemeanors include theft, DUI, simple assault, drug possession, and disorderly conduct.

The process begins, obviously, when someone calls the police to complain about a person’s behavior and an arrest is made. The police bring the person to the police station where he or she is processed (fingerprints, mug shot, warrant check, et cetera). Then the person is taken to a bail commissioner — a quasi-judge whose only function is to set bail. In 99% of misdemeanor cases, bail will be unsecured or release on recognizances (ROR). Unsecured bail or ROR bail require no money down, but release may have conditions attached, such as “no contact with the complainant” or “stay out of the Gallery mall.” If bail is unsecured, the person will be released. The whole bail process might take 8 – 12 hours before you are released.

Misdemeanor cases then go to the Municipal Court of Philadelphia. The Municipal Court has jurisdiction to conduct bench trials in misdemeanors, but only preliminary hearings in felony cases. The two kinds of cases are handled completely differently.

The first court date after the bail hearing is usually called arraignment status. Despite the name, this is neither your arraignment, nor a status conference. In fact, it is entirely likely that you will not see a judge at all. If you have an attorney, your lawyer will receive discovery from the district attorney. Discovery is, basically, a copy of all the evidence against the defendant. For example, suppose a person is charged with simple assault following a fight — typically the discovery in this kind of case includes the complainant’s statements to the police, possibly photos of the complainant’s injuries, the statements of other witnesses, and information about the defendant such as his or her criminal history, or whatever statements the defendant made to the police. By the way, a suspect should never talk to the police! Whatever you say will be used against you — even if you deny it!

At the arraignment status, the District Attorney will sometimes make a plea offer to your defense attorney. A plea offer is a proposal — the DA can agree to a particular sentence (like probation) or to drop some charges in exchange for a guilty plea. The defendant does not need to decide right then. If the defendant does not have an attorney, the DA may not make a plea offer — the rules of ethics do not permit prosecutors to negotiate with unrepresented defendants. This is yet another reason why you should never go to court without a lawyer — if you do not have an attorney, you can either plead guilty without any promises or go to trial. With a lawyer, you can have a promise from the DA to consider and either accept or reject.

A defendant with an attorney will be told when his or her next court date is, called the trial date and be allowed to leave. Defendants without a lawyer will have to wait to see the judge before being given a court date.

Tomorrow, I will write about what happens when a misdemeanor goes to trial before the Municipal Court. If you have been arrested for a misdemeanor in Philadelphia and would to talk to an attorney, call Charles Thomas at 877-397-3003.