Sample of pennsylvania private criminal complaint


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One example is the right to file a pretrial pleading.

Pennsylvania Bulletin and Code

Generally neither the district attorney nor the judge presiding over the court of common pleas is present at the formal arraignment. After the formal arraignment, any and all pretrial motions should be filed. Pretrial conference.

Private Criminal Complaint

The defendant can decide to take a plea or proceed to trial. The plea options available include: — Negotiated plea plea bargain — Open plea — Nolo contendere plea no contest — the defendant neither admits nor denies the charges — Not guilty. In Pennsylvania, a defendant has the right to decide what kind of trial he or she will have — a trial before a judge or a trial by jury.

Many criminal defendants decide to request a jury trial. Most trials are done within days or roughly six months. The Commonwealth must bring your case to trial within a certain period of time. For example, non-homicide felony cases must be ready to try within six months of filing the complaint, while misdemeanors must be ready to try within 90 days of filing the complaint. At the trial, the Commonwealth bears the burden of establishing the defendant committed the crime for which he or she is accused beyond a reasonable doubt. If the defendant is found guilty, sentencing could occur immediately or be deferred.

If the defendant is found not guilty, he or she will be discharged. Pennsylvania has mandatory minimum sentences for certain crimes along with sentencing guidelines and gravity scores, which makes this a more confusing part of the criminal process for defendants. The judge may also incorporate other penalties in the sentencing such as fines, probation, community service, and so on.

At this time, the judge may also require the defendant to make financial restitution to any victims who have suffered because of the offense. How do criminal appeals work?

Community Services

How is someone eligible for appeals? If you have been found guilty of a crime, you have a right to an appeal. Appeals go to a higher court, which reviews your trial and can challenge the outcome of your case. Some trial errors that could be reviewed include:. Appeals are a complicated and lengthy process and should only be handled by an experienced criminal appeals attorney. He or she can get involved right after your verdict to request the judge to review your case before sentencing, which can make a significant difference in your future. What is post-conviction relief?

In some cases, defendants can have their convictions reviewed. This stands under the Post Conviction Relief Act. This begins in the court of common pleas where the trial happens, and review goes to the Superior Court.

In re Yocolano, J-A | Casetext

Defendants can, in some instances, also request a federal review of their Pennsylvania convictions. To do this, a defendant would have to file a writ of habeas corpus in the necessary federal district court. Not all attorneys have this experience. Can a criminal record be expunged? Can I be pardoned? As you know, a criminal charge on your record can make a big — and negative — impact on your life. It could hurt your chance to get a job, maintain current employment, keep or obtain a security clearance, or cause significant increases in insurance premiums.


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In Pennsylvania, criminal charges can be expunged under certain circumstances under 18 Pa. Individuals whose complaints have been disapproved have the right to petition the Court of Common Pleas for a review of the decision. This agency will not approve any felony charges on a Private Complaint.

Private prosecution

If you want to bring any felony charges you will have to go to the police agency where the incident took place. Once you have reviewed these forms and documents you will be in a better position to understand and successfully complete the process. Once the forms are completed you can either drop them in the mail or schedule an appointment to meet with a County Detective. Skip to Main Content. Together, these laws prohibit discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from DOJ. The misconduct covered by Title VI and the OJP Office of Justice Programs Program Statute includes, for example, harassment or use of racial slurs, discriminatory arrests, discriminatory traffic stops, coercive sexual conduct, retaliation for filing a complaint with DOJ or participating in the investigation, discriminatory use of force, or refusal by the agency to respond to complaints alleging discriminatory treatment by its officers.

DOJ may seek changes in the policies and procedures of the agency to remedy violations of these laws and, if appropriate, also seek individual remedial relief for the victim s.

Individuals also have a private right of action in certain circumstances under Title VI and under the OJP Program Statute; in other words, you may file a lawsuit yourself under these laws. These laws protect all people with disabilities in the United States. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

The ADA prohibits discrimination on the basis of disability in all State and local government programs, services, and activities regardless of whether they receive DOJ financial assistance; it also protects people who are discriminated against because of their association with a person with a disability. Section prohibits discrimination by State and local law enforcement agencies that receive financial assistance from DOJ. Section also prohibits discrimination in programs and activities conducted by Federal agencies, including law enforcement agencies.


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  • Private prosecution - Wikipedia!
  • These laws prohibit discriminatory treatment, including misconduct, on the basis of disability in virtually all law enforcement services and activities. These activities include, among others, interrogating witnesses, providing emergency services, enforcing laws, addressing citizen complaints, and arresting, booking, and holding suspects. These laws also prohibit retaliation for filing a complaint with DOJ or participating in the investigation. If appropriate, DOJ may seek individual relief for the victim s , in addition to changes in the policies and procedures of the law enforcement agency.

    Individuals have a private right of action under both the ADA and Section ; you may file a private lawsuit for violations of these statutes. There is no requirement that you exhaust your administrative remedies by filing a complaint with DOJ first. If you would like to file a complaint alleging a violation of the criminal laws discussed above, you may contact the Federal Bureau of Investigation FBI , which is responsible for investigating allegations of criminal deprivations of civil rights. Washington, D. If you would like to file a complaint alleging discrimination on the basis of disability, you may send a written complaint to:.

    You may also file a complaint online at www. How do I file a complaint about the conduct of a law enforcement officer from a Federal agency? If you believe that you have been subjected by a Federal law enforcement officer to the type of misconduct discussed above concerning "Federal Civil Enforcement," you may send a complaint to the Federal Coordination and Compliance Section, at the address listed above.

    That office will forward your complaint to the appropriate agency and office. Your complaint, whether alleging violations of the criminal or civil laws listed in this document, should include the following information:. This flyer is not intended to be a final agency action, has no legally binding effect, and has no force or effect of law. This flyer does not establish legally enforceable rights or responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent.

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