Arrested in Pennsylvania — What Happens Next?
An arrest is frightening. Whether it happens during a traffic stop, after a domestic dispute, or as the result of an ongoing investigation, most people have no idea what comes next.
If you or a loved one has been arrested in Pennsylvania, here’s what you can generally expect in a Pennsylvania state criminal case—step by step.
For help protecting your rights, freedom, and future, contact us today.
Step One: How Criminal Cases Begin
Criminal cases in Pennsylvania typically begin in one of three ways.
1. Arrest Without a Warrant
Police believe they have probable cause and take someone into custody immediately — often at the scene.
This commonly occurs:
Following a domestic dispute
After an allegation of Driving Under the Influence
During certain summary arrests where an individual is taken into custody
In these situations, the arrest happens first, and the formal charging documents follow shortly after.
2. Arrest by Warrant
In other cases, law enforcement conducts an investigation before making an arrest.
Police may:
Gather statements
Review evidence
Conduct interviews
Prepare an Affidavit of Probable Cause
They then present that affidavit to a Magisterial District Judge. If the judge determines probable cause exists, an arrest warrant is issued.
You may then be taken into custody based on that warrant.
3. Citation or Summons (Summary Offenses)
For less serious offenses, you may not be taken to jail at all.
Instead, you might:
Receive a citation at the scene
Receive a summons in the mail directing you to appear in court
This is common in:
Minor retail theft cases
Certain traffic-related offenses
Hit-and-run investigations filed after the fact
Other summary-level matters
You are still formally charged, but you are not immediately detained.
A Brief Note About Indictments and Federal Charges
The explanation above applies to Pennsylvania state court cases.
In limited circumstances, a person may be arrested following a grand jury presentment or indictment. While not used as frequently in routine state prosecutions, investigating grand juries are sometimes convened in more complex or sensitive matters.
Federal cases are different.
Federal investigations often involve:
Longer-term investigative work
Larger-scale or higher-dollar allegations
Presentation of evidence to a federal grand jury
Arrest following indictment
While the overall life cycle of a federal case may look similar, the procedures, rules, and sentencing structure are distinct. The remainder of this article focuses on the Pennsylvania state process.
Step Two: Preliminary Arraignment — Bail Is Set
If you are taken into custody, you will be processed and brought before a Magisterial District Judge for a Preliminary Arraignment.
This usually occurs:
Within hours of arrest
Or, if arrested late at night or over a weekend, as soon as court is available
At the preliminary arraignment:
The charges are read to you
You are advised of your rights
Bail is addressed
A preliminary hearing date is scheduled
Types of Bail in Pennsylvania
The judge has several options:
Release on Recognizance (ROR)
You are released without posting money, based solely on your promise to appear.
Unsecured Bond
You sign paperwork agreeing to pay a specified amount only if you fail to appear. No upfront payment is required.
Secured Monetary Bail
You must post a percentage of the total bail amount in order to be released.
Additional Pretrial Conditions
The court may impose conditions such as:
Reporting requirements
House arrest
Electronic monitoring
Drug or alcohol restrictions
No-contact provisions
Denial of Bail
In certain serious cases, bail may be denied altogether.
If you were arrested by warrant, bail may already have been set. If you cannot post bail, you remain in custody until it is posted or modified.
This stage moves quickly — but it is important. Bail conditions can affect your ability to work, travel, and prepare your defense.
Step Three: The Preliminary Hearing
The preliminary hearing is not a trial.
At this stage, the Commonwealth must establish a prima facie case — meaning they must show:
A crime was committed; and
You are likely the person who committed it.
The burden is lower than at trial.
You may hear testimony from:
The arresting officer
An alleged victim
An investigator
Other witnesses
Your attorney has the opportunity to cross-examine those witnesses.
The preliminary hearing serves multiple purposes:
It tests whether the case proceeds forward
It provides an early look at the evidence
It locks in testimony that may be used later
Possible outcomes include:
Dismissal of charges
Reduction of certain charges
The case being “bound over” to the Court of Common Pleas
For some lower-level matters, cases may be resolved at the Magisterial District Court level. More serious misdemeanors and felonies move forward.
Step Four: Formal Arraignment in the Court of Common Pleas
If the case is bound over:
The District Attorney files a Criminal Information, listing the formal charges
You attend a formal arraignment
Deadlines are set for pretrial motions
This proceeding is largely procedural. No testimony is taken.
However, this starts the clock for deadlines for various pre-trial motions and challenges.
Step Five: Discovery and Pretrial Motions
After formal arraignment, the Commonwealth must provide discovery, which may include:
Police reports
Witness statements
Body camera or dash camera footage
Lab results
Expert reports
Any statements attributed to you
This stage is critical. It allows your attorney to evaluate the strength of the evidence and identify constitutional or evidentiary issues.
Omnibus Pretrial Motions
Pretrial litigation may include:
Motions to suppress evidence (illegal search, unlawful stop, improper interrogation)
Motions challenging sufficiency of the evidence
Requests to dismiss certain counts
Discovery enforcement motions
In some cases, suppression of key evidence can significantly weaken — or effectively end — the prosecution’s case.
Step Six: Case Resolution Options
Most cases resolve before trial.
Possible outcomes include:
Accelerated Rehabilitative Disposition (ARD)
Available in certain cases, often for first-time, non-violent offenders such as DUI defendants.
Successful completion may result in:
Dismissal of charges
Potential eligibility for expungement
Negotiated Plea Agreement
You may agree to:
Plead guilty to certain charges
Have others withdrawn
Receive a negotiated sentence
Each agreement depends on the strength of the case, criminal history, and litigation posture.
Withdrawal or Dismissal
Charges may be withdrawn or dismissed due to:
Evidentiary weaknesses
Suppression rulings
Witness availability issues
Strategic litigation decisions
Step Seven: Trial
If no resolution is reached, the case proceeds to trial.
You may choose:
A jury trial (12 jurors decide)
A bench trial (a judge decides)
At trial:
The Commonwealth must prove guilt beyond a reasonable doubt
Witnesses testify
Evidence is presented
Both sides make arguments
If you are found not guilty, the case ends.
If convicted, the case proceeds to sentencing.
Step Eight: Sentencing
Sentencing may occur immediately or be scheduled for a later date.
The court may order a Pre-Sentence Investigation (PSI) to examine:
Criminal history
Employment
Family background
Treatment needs
Possible sentences include:
Probation
County incarceration
State incarceration
Fines
Treatment programs
Community service
Pennsylvania sentencing guidelines apply, but advocacy and preparation matter.
Why Early Action Matters
Many people assume the most important part of a criminal case is the trial.
In reality, cases are often shaped — and sometimes resolved — long before trial through:
Bail advocacy
Strategic cross-examination at the preliminary hearing
Pretrial motion practice
Negotiation leverage
Diversion eligibility
Every stage builds toward the next.
If you or a loved one has been arrested in Pennsylvania, do not delay. Early representation can significantly affect the direction and outcome of your case. Contact us Today for a Free Consultation!
Disclaimer:
The information provided in this article is for general informational purposes only and is not intended as legal advice. Every case is fact-specific, and you should consult with a qualified criminal defense attorney regarding your particular situation.
