CRAWFORD COUNTY Adoption of Local Criminal Rules of Procedure; No. AD 11 of 2006 [36 Pa.B. 6386]
[Saturday, October 21, 2006]Order And Now, October 5, 2006, pursuant to Pa.R.Crim.P. 105, effective January 1, 2007, the current Crawford County Rules of Criminal Procedure shall no longer be in effect and the following Rules of Criminal Procedure shall become effective.
The Court Administrator is ordered and directed to:
1. File seven (7) certified copies of this order with the Administrative Office of Pennsylvania Courts.
2. Send two (2) certified copies and diskette to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Send one (1) certified copy of this order to the Pennsylvania Criminal Procedural Rules Committee.
4. Send one (1) copy of this order to the Crawford County Law Library.
5. Keep continuously available for public inspection copies of this order and the rules in the Court Administrator's office and the Clerk of Courts' office.
By the Court
GORDON R. MILLER,
President JudgeCRAWFORD COUNTY LOCAL RULES OF CRIMINAL PROCEDURE Rule 100. Scope of Local Rules.
These rules are adopted in accordance with the Pennsylvania Rules of Criminal Procedure and are applicable to the Criminal Division of the Court of Common Pleas of Crawford County, Pennsylvania and to the Magisterial District Judges Courts of Crawford County, Pennsylvania to the extent appropriate.
Rule 101. Purpose and Construction.
These rules are intended and shall be construed to supplement the Pennsylvania Rules of Criminal Procedure.
Rule 102. Citing the Crawford County Procedural Rules.
These rules shall be known as the Crawford County Rules of Criminal Procedure and shall be cited as ''Cra.R.Crim.P.''
Rule 103. Definitions.
The definitions of terms used in these rules shall be the same as those set forth in Pa.R.Crim.P. 103 except:
(1) ''Court'' shall mean the Criminal Division of the Court of Common Pleas of Crawford County.
(2) ''Issuing Authority'' shall mean a Magisterial District Judge.
(3) ''Rule'' shall mean any rule of the Criminal Division of the Court of Common Pleas of Crawford County unless otherwise indicated.
(4) ''Clerk of Courts'' shall mean the Clerk of Courts of Crawford County, Pennsylvania.
Rule 104. Design of Forms.
The design of all forms mandated for use by the Court pursuant to these rules shall be determined by the Court Administrator of Crawford County in consultation with the Court.
Rule 106. Continuances.
(1) A motion for a continuance of any matter shall state the reason the continuance is requested, whether any previous continuances have been requested, and if so, the dates thereof, the name of the party making any previous motion and the results thereof.
(2) All motions for a continuance of a jury trial should be made no later than the Call of the Criminal List and shall not be made later than forty-eight hours before the time set for trial. Any motion made later than forty-eight hours before the time set for trial, shall be in compliance with Pa.R.Crim.P. 106(C).
(3) All motions for a continuance of a scheduled non-jury trial shall be made at least forty-eight hours before the time set for trial. Any motion made later than forty-eight hours before the time set for trial, shall be in compliance with Pa.R.Crim.P. 106(C).
Rule 114. Orders and Court Notices.
When entering an appearance pursuant to Pa.R.Crim.P. 120, an attorney may designate that service upon that attorney in a particular case will be permitted by methods permitted by Pa.R.Crim.P. 114(B)(3) for service of court orders and court notices, and by Pa.R.Crim.P. 576(B)(2) for service of written motions, written answers, notices and documents for which filing is required.
The designation of permitted means of service shall be made in an appearance filed in a form substantially consistent with Form 120 provided with these rules.
Rule 117. Coverage--Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail
REGULAR BUSINESS HOURS All magisterial district judge offices shall be open for regular business on Mondays through Fridays, excluding holidays, from 8:30 a.m. to 4:30 p.m. local time.
CONTINUOUS COVERAGE Continuous coverage for the issuance of search warrants and arrest warrants, for warrants issued pursuant to Pa.R.Crim.P. 430 in a summary case, for the issuance of emergency orders under the Protection from Abuse Act, and for those services set forth in Pa.R.Crim.P. 117(A)(2)(a), (b), (c) and (d) shall be in accordance with the traditional on-call system as presently established.
NON-BUSINESS HOURS At least one magisterial district judge shall be available at all times in Crawford County. The responsibility of the judge on call is to perform the services referred to in this order and any other acts of an emergency nature as required by rule or law. A magisterial district judge in a particular district may contact police officers and other law enforcement agencies to indicate that said judge shall be called first even though said judge is not the on call magisterial district judge in order to handle matters required of magisterial district judges within the district of that particular judge.
Otherwise, the magisterial district judge on call shall be contacted by all police agencies and other law enforcement agencies. Said judge must be available (able to be accessed or able to render services as required by rule or law). The magisterial district judge shall not have the option of determining when he or she will be available. The on call magisterial district judge must be available and must respond (answer or reply) in a timely fashion. In certain instances, such as under Rules 441 and 519 of the Pennsylvania Rules of Criminal Procedure, arresting officers may release a person from custody and subsequently file a citation or summons when specific conditions have been met. Police agencies and arresting officers are encouraged to familiarize themselves with these sorts of rules as those rules will be discussed by a magisterial district judge in deciding whether an arraignment is necessary in these cases.
The on call magisterial district judge will be available during non-office hours for a week at a time in rotation, with each assignment period beginning on Monday at 4:30 p.m. and ending the following Monday at 8:30 o'clock a.m. (except Monday holidays, when the assignment period ends at 4:30 p.m. on that particular Monday).
During that time the on call magisterial district judge is responsible for coverage by being available for inquiries at his or her home, through use of the beeper, or through communication with Crawford County Control. By providing continuous availability the on call magisterial district judge can then effectively receive/monitor all on call requests. If it is necessary for the on call magisterial district judge to personally act within two (2) hours of the time that judge's office will open for the next business day, the magisterial district judge may require the police officer or other law enforcement agency to bring a defendant before the appropriate magisterial district judge at or after the opening of that office.
During temporary assignments in the on call schedule the magisterial district judge assigned is authorized to call upon the services of other magisterial district judges as needed, and mutually agreed upon, particularly if the other magisterial district judges have an office that is more convenient to the parties by reason of geographical location.
The court administrator shall, annually, prepare a temporary assignment schedule to be used in Crawford County outside of normal business hours for the purposes set forth in this rule. That schedule is known as the ''Emergency Assignment Schedule.'' Modifications to this schedule may occur amongst respective magisterial district judges provided any modifications are mutually agreed upon and subsequently conveyed to Crawford County Control. Any additional compensation for subsequent modification of an existing schedule shall be waived.
MAGISTERIAL DISTRICT JUDGE TEMPORARY ASSIGNMENTS When during regular business hours for magisterial district judges, a judge who has venue over a particular matter is unavailable, any other magisterial district judge in Crawford County is hereby temporarily assigned to serve the magisterial district of the judge who is unavailable. Such an arrangement may be made between respective magisterial district judges by mutual agreement. Any additional compensation for said arrangement will be waived.
OFFICIALS DESIGNATED TO ACCEPT BAIL Magisterial district judges and the Clerk of Courts shall be authorized to accept bail in accordance with the provisions, and subject to the limitations, of the Pennsylvania Rules of Criminal Procedure.
Rule 118. Use of Two-Way Simultaneous Audio-Visual Communication in Criminal Proceeding.
A defendant may consent to a proceeding being conducted using two-way simultaneous audio-visual communication by signing a Waiver Of Courtroom Appearance, in a form substantially consistent with Form 118 of these rules, prior to or at the time of a two-way simultaneous audio-visual communication.
Additionally, a defendant may consent to a Gagnon II revocation hearing by two-way simultaneous audio-visual communication if, prior to that hearing, the defendant has indicated that intention on a Waiver Of Formal Revocation Hearing form, or an adult probation/parole officer has certified that the defendant has so consented when filing a Motion To Schedule Gagnon II Hearing, provided in either event the required document has been filed of record.
Whenever a defendant consents to a proceeding being conducted using two-way simultaneous audio-visual communication, the Court or Issuing Authority shall conduct a colloquy regarding the defendant's consent when the defendant's constitutional right to be physically present is implicated.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: : WAIVER OF COURTROOM APPEARANCE I am aware that I may have a right to appear in a courtroom for a hearing on the ____ day of ______ , 20 ____ that is scheduled for the following purpose(s):
I am willing to waive my appearance in the courtroom for said hearing on that date and consent to said hearing being conducted by two-way simultaneous audio-visual conference between the courtroom in the Crawford County Courthouse and the Crawford County Correctional Facility.
If I have counsel I understand that my counsel will be sitting beside me and that I will have the opportunity to talk to counsel privately with no one else hearing the conversation.
I understand that counsel and I will be sitting in front of a live video camera and that the participants who are assembled in the courtroom can see and hear counsel and me. I further understand participants who appear in the courtroom will be sitting in front of a video camera and that I will see them and be able to hear them.
The Judge will be able to see me and speak to me and I will be able to see and speak to the Judge by monitor.
The courtroom is open to the public and members of the public who are interested in my hearing will be able to see and hear the proceedings in the courtroom and also see and hear my attorney and me through the courtroom monitor.
I understand that by signing this waiver I will not be transferred to the courtroom for this hearing and that the hearing will be done by two-way simultaneous audio-visual conference through the use of a video camera and monitor at both the jail and courtroom.
_________________
DefendantDate: ______ , 20 ____
Form 118
Rule 120. Attorneys--Appearances.
The entry of an appearance by counsel for the defendant as required by Pa.R.Crim.P. 120 shall be done on a form substantially consistent with Form 120 of these rules.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: : ENTRY OF APPEARANCE AND NOW, _________________ , I hereby appear for _________________ , the defendant in the above-entitled case.
I hereby permit service of these matters in this case upon me by the following method(s) as indicated by checkmark:
____ By facsimile transmission to my fax number ______ .
____ By leaving a copy in my box in the Prothonotary's Office in the courthouse.
_________________
Signature_________________
Address_________________
Telephone Number_________________
Supreme Court I.D. NumberNote: The State rules covering service are at Pa.R.Crim.P. 114 and 576.
Form 120
Rule 150. Bench Warrants.
A Bench Warrant Hearing:
(1) May be held in Common Pleas Court by the Judge who issued the Bench Warrant or any other Common Pleas Judge.
(2) May be held before the Magisterial District Judge who issued the Bench Warrant or any other Magisterial District Judge within the Thirtieth Judicial District, including but not limited to the on-call Magisterial District Judge.
Rule 319. Dismissal of Charges after Successful Completion of ARD Program.
Upon the successful completion of a defendant's participation in the Accelerated Rehabilitative Disposition Program, the Probation/Parole Department or the defendant may file a Motion requesting that the Court terminate the ARD case and dismiss the defendant's charges.
Said Motion shall include a proposed Order for the Court to sign setting forth a listing of the specific charges to be expunged by the Court and an additional Order substantially in the form set forth in Form 320 of these rules shall be attached to the Motion for the Court's consideration.
Note: The second paragraph of this rule which requires that a proposed order be attached to the motion is inconsistent with Pa.R.Crim.P. 575(c). While attaching an order truly assists the Court in promptly and efficiently processing a rather standard matter given the large number of ARD cases this Court processes, the Court cannot enforce this for defendants who file their own motion. But the Court can require one of its administrative departments, such as the Adult Probation Department, to follow this Court's orders and expectations.
Rule 320. Expungement Upon Successful Completion of ARD Program.
When the Court enters an Order pursuant to Rule 319 dismissing charges against the defendant upon successful completion of the ARD Program, the Court shall, in a separate Order, in a form substantially consistent with Form 320 of these rules, also order the expungement of the defendant's arrest record.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: : Expungement Order AND NOW, _________________ , 200 __ IT IS ORDERED AS FOLLOWS: Pursuant to the Pennsylvania Rules of Criminal Procedure dealing with Accelerated Rehabilitative Disposition (ARD) (Pa.R.Crim.P. 319, 320) and the Criminal History Record Information Act (18 Pa.C.S.A. § 9101, especially § 9122), an Order has been entered in this case upon the defendant's successful completion of the ARD program and the Court has ordered the dismissal of the charges against the defendant.
Accordingly, it is Ordered as follows:
1. The defendant's arrest record shall be expunged pursuant to Pa.R.Crim.P. 320 and the Criminal History Record Information Act.
2. The Clerk of Courts shall send a certified copy of this Expungement Order to the District Attorney, Magisterial District Judge, arresting police agency, and Pennsylvania State Police Central Repository; and shall maintain the original Motion and Order that was filed in this case under Pa.R.Crim.P. 319, that is dismissal upon successful completion of the program, all as permitted and provided for in 18 Pa.C.S.A. § 9122(c).
3. Upon receipt of a certified copy of this Expungement Order, the District Attorney, Magisterial District Judge, arresting police agency, and Pennsylvania State Police Central Repository shall:
A. Expunge the criminal history record information in this case so as to:
(1) Remove the information so that there is no trace or indication that such information existed; and
(2) Eliminate all identifiers which may be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes, all pursuant to the Criminal History Record Information Act.
B. Within thirty (30) days of receipt of the Expungement Order, file with the Clerk of Courts of Crawford County a certification which states that destruction of records has taken place as Ordered.
C. The Pennsylvania State Police Central Repository shall notify all criminal justice agencies which have received the criminal history record information to be expunged of the Expungement Order as required by the Criminal History Record Information Act, 18 Pa.C.S. § 9122(d).
D. Not expunge certain records pursuant to the Expungement Order in this case. The records that would not be expunged are those set forth in: 18 Pa.C.S.A. § 9122(c), 18 Pa.C.S.A. § 9104(a), 18 Pa.C.S.A. § 9104, and any record maintained by the Department of Transportation or other entities pursuant to 75 Pa.C.S.A. § 1534(b) relating to Accelerated Rehabilitative Disposition in DUI cases.
BY THE COURT
_________________
J.This expungement order applies to the following and the following information is given pursuant to Pa.R.Crim.P. 722.
Defendant's date of birth:
Defendant's social security number:
The Magisterial District Justice docket number:
The Magisterial District number:
The specific charges, as they appear on the charging document, to be expunged:
The date of arrest:
The criminal justice agency which made the arrest:
The disposition:
The reason for expungement: successful completion of the ARD program.
The criminal justice agencies upon which certified copies of the order shall be served:
those agencies are listed in the body of the order.Form 320
Rule 502. Local Scheduling Procedures.
(1) Annually, no later than September 30th, the Court Administrator shall publish a schedule for the succeeding year setting forth the following pertinent dates that affect each criminal case with the appropriate schedule to be set in motion by the date the defendant either waives the preliminary hearing or is bound over following the preliminary hearing:
(a) The date of the court arraignment, which shall be the first available arraignment date at least twenty (20) days after the preliminary hearing is held or waived.
(b) The date for the call of the trial list, which shall be no sooner than forty-five (45) days after court arraignment nor less than six (6) days from the date trial is scheduled to commence for the case.
(c) The first day of the trial term at which the case is scheduled.
(2) The Court Administrator shall, immediately after publishing said schedule, provide copies to each of shall also be available, free of charge, at all times in the Court Administrator's Office and the Crawford County Clerk of Courts Office.
(3) At the time a defendant is bound over to court or waives a preliminary hearing, each Issuing Authority shall prepare a Criminal Case Scheduling Form with an original and five copies substantially in the form set forth as Form 502.
The Issuing Authority shall orally advise the defendant and counsel of the time, date and place of arraignment, and that the failure to appear at such arraignment or other required appearances as set forth in the Criminal Case Scheduling Form may result in the defendant's arrest and forfeiture of bond.
The Issuing Authority shall require the defendant to sign the Criminal Case Scheduling Form, indicating the defendant is aware of the time, date and place of arraignment and of the obligation to appear at arraignment and other proceedings noted thereon.
Once the Criminal Case Scheduling Form has been completed, the defendant shall be provided with a copy and the Issuing Authority shall retain a copy for the Issuing Authority's records. If they are present, the Issuing Authority shall provide a copy to the defendant's attorney and/or the District Attorney's Office. All undistributed copies, together with a copy for the Court Administrator, shall be forwarded promptly to the Court Administrator for proper distribution. The original Criminal Case Scheduling Form shall be attached to the official record when it is forwarded to the Clerk of Courts as required by Pa.R.Crim.P. 547.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : vs. : No. : OTN No.: _________________ : Defendant CRIMINAL CASE SCHEDULING FORM Charges: _____ Date Complaint Filed: ______
______ _________________
Defense Counsel Date of Preliminary hearing/waiver______ _________________
IMPORTANT NOTICE You and your attorney and/or attorney's representative are required to appear for the following proceedings. These dates may not be changed without leave of Court.
1. Arraignment: ______ 9:00 a.m., prevailing local time, in Assembly Room, basement, Crawford County Courthouse, Meadville, Pennsylvania. Arraignment may be waived, but ONLY if you have an attorney prior to your arraignment date.
2. Criminal Call of List: ______ 9:00 a.m., prevailing local time, Courtroom No. 1, Crawford County Courthouse, Meadville, Pennsylvania.
CAUTION: THE LAST DAY FOR THE COURT TO ACCEPT NEGOTIATED PLEAS (PLEA BARGAINS) IS THE DAY OF THE CALL OF THE CRIMINAL TRIAL LIST. THAT SAME DATE IS THE LAST DAY THAT YOU WILL BE PERMITTED TO WAIVE A JURY TRIAL TO BE TRIED IN A NON-JURY TRIAL BEFORE A JUDGE.
3. First day of Jury Trials: ______ 9:00 a.m.; prevailing local time; Courtroom No. 1, 2 or 3, Crawford County Courthouse, Meadville, Pennsylvania.
FAILURE TO APPEAR FOR YOUR SCHEDULED ARRAIGNMENT, CRIMINAL CALL OF THE LIST OR FIRST DAY OF JURY TRIALS MAY RESULT IN FORFEITURE OF YOUR BAIL BOND AND THE ISSUANCE OF A BENCH WARRANT FOR YOUR ARREST AS WELL AS ADDITIONAL CHARGES OF DEFAULT IN REQUIRED APPEARANCE.
The undersigned hereby acknowledge receipt of a copy of this notice.
Date: ______ ______
Signature of DefendantOriginal: Clerk of Courts [White] Court Administrator [Gold] ______ District Attorney [Green] Signature of Counsel Defense Counsel [Yellow] Defendant [Pink] ______ Issuing Authority [Blue] Signature of Issuing Authority Form 502
Rule 510. Notice To Be Sent When Case Is Initiated By Summons.
In all cases where a criminal action is commenced by summons, the Issuing Authority shall mail with the summons a notice substantially in the following form, printed on paper other than the color of the paper of the accompanying summons, in order to comply with Pa. R.Crim.P. 510(B)(1):
IMPORTANT NOTICE RIGHT to COUNSEL You have the absolute right to be represented by a lawyer. If you cannot afford a lawyer, one will be appointed to represent you free of charge.
In order to have a lawyer by the time of the preliminary hearing, you should immediately:
(1) Hire a lawyer; or
(2) If you believe you cannot afford to hire a lawyer, you should immediately apply to the Crawford County Public Defender's Office, Crawford County Courthouse, Meadville, Pennsylvania, 16335, (814) 333-7367, where a lawyer may be appointed to represent you free of charge if you qualify.
If you are currently incarcerated and unable to contact the Public Defender's Office, you should immediately request an application from the jail officials to apply for the services of a Crawford County Public Defender.
Rule 528. Requirements for Real Estate Bail.
(1) If real estate is offered as bail set for a defendant, whether before an Issuing Authority or the Court, the owner of the real estate, to qualify as surety and post real estate as bail, must file a letter from an attorney licensed in Pennsylvania which contains the following:
(a) The assessed value and fair market value of the real estate as contained among the assessment records of the county in which the real estate is located or alternatively, a real estate appraisal prepared by a certified Pennsylvania real estate appraiser establishing the fair market value for the real estate.
(b) The exact name(s) of the record title holder(s).
(c) A list of liens against the real estate together with the amount of the lien of record, the actual current payoff amount of the lien and the date the lien was entered.
(d) A list of all unpaid taxes due and owing.
(e) A certification that a lien search has been completed and the attorney finds that after subtracting any outstanding liens from the fair market value of the real estate, there remains a sufficient amount of equity to cover the amount of the bond to be posted.
(2) Upon receiving a letter containing such information, the District Attorney shall promptly review the request. If satisfied that there is adequate equity, the District Attorney shall notify the Clerk of Courts that the real estate bond may be accepted. If the District Attorney does not believe there is sufficient equity or refuses to accept the real estate bond for any reason, the District Attorney shall promptly notify the defendant's counsel so that a hearing may be requested and/or alternate bond may be posted. In all events, the District Attorney's Office shall respond in one of the ways indicated above within one business day of receiving the required letter.
Rule 540. Notice to be Given at Preliminary Arraignment.
In all cases in which a defendant does not appear with an attorney, in addition to the Issuing Authority verbally advising the defendant as set forth in Pa.R.Crim.P. 540(E)(1), the Issuing Authority shall provide to the defendant at the preliminary arraignment a written notice substantially in the form set forth in Crawford County Rule of Criminal Procedure 510, even if the defendant has previously received the same notice pursuant to Crawford County Rule of Criminal Procedure 510.
Rule 541. Notice Required Following Waiver of Preliminary Hearing.
If an Issuing Authority accepts the waiver of preliminary hearing pursuant to Pa.R.Crim.P. 541, the Issuing Authority shall schedule a court arraignment and complete a Criminal Case Scheduling Form in a form substantially consistent with that set forth as Form 502 of these rules, so that the defendant is notified of the date and place of the defendant's arraignment, as well as future important dates and places, all in compliance with Rule 502.
Rule 542. Continuances of Preliminary Hearings Before Magisterial District Judges.
All Preliminary Hearings shall be initially scheduled before Magisterial District Judges consistent with the requirements of the Pennsylvania Rules of Criminal Procedure.
Thereafter, a Magisterial District Judge may grant a continuance of the Preliminary Hearing upon request of either the Commonwealth or the defendant. However, in order to allow cases to flow as quickly as possible through the system, such continuances shall be limited to the minimum time period necessary and should not result in a Preliminary Hearing being held more than thirty (30) days from the date when the Preliminary Hearing was first scheduled.
Rule 543. Disposition of Case at Preliminary Hearing.
If, after completion of the preliminary hearing held pursuant to Pa.R.Crim.P. 543, the Issuing Authority holds the defendant for Court, the Issuing Authority shall schedule a court arraignment and complete a Criminal Case Scheduling Form so that the defendant is notified of the date and place of arraignment as well as future important dates and places all in compliance with Rule 502. The Criminal Case Scheduling Form shall be in a form substantially consistent with Form 502 of these rules.
Rule 571. Arraignment.
(1) Arraignment
(a) Arraignments shall take place before the District Attorney or an Assistant District Attorney at such times and places designated by the Court Administrator.
(b) If at arraignment a defendant wishes to plead not guilty, said plea shall be noted on the information and signed by the defendant. If the defendant wishes to plead guilty or nolo contendere, the defendant shall be given in writing a date to appear before the Court to enter a plea of guilty or nolo contendere. The writing shall also state that if the defendant pleads guilty or nolo contendere, the defendant is not required to appear at the call of the trial list nor any trial date.
(2) Waiver of Appearance at Arraignment
(a) A defendant who has counsel of record may, prior to arraignment, waive the arraignment by filing a Waiver of Appearance at Arraignment Form in the Clerk of Courts Office in a form substantially consistent with Form 571. A copy of the waiver shall be served upon the District Attorney pursuant to Pa.R.Crim.P. 576.
(b) If a written Waiver of Appearance at Arraignment is filed prior to the scheduled date of arraignment, the scheduled date of arraignment shall be deemed the day of arraignment for the purpose of computing time limitations for filing all pretrial motion and requests pursuant to Pa.R.Crim.P. 572, 573, 578 and 579 and for the purpose of scheduling further dates pursuant to these rules.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: : WAIVER OF APPEARANCE AT ARRAIGNMENT AT COMMON PLEAS COURT LEVEL I, the undersigned counsel, do hereby appear on the Defendant's behalf and do waive the arraignment provided for in Pa.R.Crim.P. 571.
I, the undersigned Defendant, understand that:
1. The Information containing the charges against me will be filed in the office of the Clerk of Courts and a copy will be mailed to my attorney and to me.
_____ (Defendant's initials)2. Any discovery must be concluded 14 days after the date that was scheduled for my arraignment.
_____ (Defendant's initials)3. If I so choose, I must file a Request for Bill of Particulars in writing within 7 days after the date that had been scheduled for my arraignment.
_____ (Defendant's initials)4. If I intend to offer the defense of alibi, insanity, mental infirmity or intend to introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant bearing on the issue of guilt or, in a capital case, on the issue of punishment, I must serve a copy of such notice or notices and a certificate of service on the attorney for the Commonwealth within thirty (30) days after the date that was scheduled for my arraignment at the Common Pleas Court level.
_____ (Defendant's initials)5. I must file any pretrial motions for relief on or before 30 days after the date that was scheduled for my arraignment.
_____ (Defendant's initials)6. If I fail to file any motions for discovery or pretrial relief within the prescribed time limits, it shall be considered a waiver of my right to file such motions.
_____ (Defendant's initials)7. I must give the Court notice no later than the scheduled plea time on the day of the call of the criminal trial list (which date has been provided to me on the Criminal Case Scheduling Form I have received) if I desire to have my case tried before a judge without a jury.
_____ (Defendant's initials)8. If I want to enter a guilty or nolo contendere (no contest) plea in this case as a result of a plea bargain, I must do so no later than the time set for the Court to take pleas on the day of the call of the criminal trial list.
_____ (Defendant's initials)Date: ______ ______
Signature of DefendantOriginal: Clerk of Courts [white] Court Administrator [gold] ______ District Attorney [green] Signature of Counsel Defense Counsel [yellow] Defendant [pink] Form 571
Rule 575. Motions and Answers.
If the party filing a motion knows that the motion is consented to by the other party, counsel for the moving party shall certify that consent within the motion so that the Court has that information in making a determination pursuant to Pa.R.Crim.P. 577 as to whether an answer and/or hearing and/or argument is necessary.
Rule 579. Time for Omnibus Pretrial Motion and Service.
Any omnibus pretrial motion not filed within thirty (30) days after arraignment must set forth the reasons why it was not filed timely, unless the late filing has been agreed to by the District Attorney or an Assistant District Attorney or already permitted by previous Order of Court. If the reasons are not stated within the motion, there has been no agreement with the District Attorney and there has been no prior Order of Court allowing the late filing, such motion may be summarily dismissed within the discretion of the Court.
Rule 590. Pleas, Plea Agreements and Written Colloquies.
(1) The Court will be available for the purpose of taking guilty or nolo contendere pleas from time to time as designated by the Court Administrator. Those times shall include each Thursday afternoon that court is in session unless otherwise rescheduled with advance notice to the District Attorney and the criminal bar. Pleas will also be taken immediately after the call of each criminal trial list.
(2) (a) After pleas have been taken on the day of the call of the criminal trial list, the Court will not accept any plea for any case on that criminal list unless that plea is a straight plea as charged and in no way is a negotiated plea, even for the purposes of a sentencing recommendation by the District Attorney's Office.
(b) The Court may waive this prohibition against late plea agreements only if both parties agree and have shown good cause to the Court. In the event the Court does find good cause shown and agrees to take the negotiated plea, the Court will determine when the plea will be entered.
(3) Plea Agreements--Whenever a guilty plea or nolo contendere plea agreement is reached between the parties, a Plea Agreement Form substantially in the form set forth in Form 590 shall be filled out. Said form shall be signed by the District Attorney or Assistant District Attorney, defense counsel, and the defendant. A copy of the form to ultimately be filed in the Court Administrator's Office shall be provided by the District Attorney's Office to the judge who is taking the plea. Copies of the Plea Agreement Form shall be supplied to defense counsel and the defendant.
(4) Written Guilty Plea and Nolo Contendere Colloquies--The Court, within the discretion of the individual judge presiding at Plea Court, will permit guilty pleas and nolo contendere pleas to be entered through the use of a written colloquy on a form substantially consistent with the form hereinafter set forth in this rule, provided that the defendant is represented by counsel.
Those entering pleas through a written colloquy will do so at the onset of Plea Court times scheduled as aforesaid. Counsel representing the defendant who will be entering a plea through the use of a written colloquy shall appear with such clients at the time set for Plea Court to actually begin rather than the time designated for the video explaining a defendant's rights which begins approximately a half hour before the scheduled Plea Court.
A judge may decide that a written plea colloquy should not be used in certain cases. The written plea colloquy shall not be used where defendants are pleading guilty or nolo contendere to first, second or third degree murder.
If the plea is to be entered through the use of a written guilty plea or nolo contendere colloquy, counsel shall review and explain to the defendant the contents of the colloquy form and shall be satisfied that the defendant understands all of the questions on the form and that the defendant is entering a knowing and voluntary plea.
The defendant's counsel's signature on the Guilty or Nolo Contendere Plea Colloquy Form shall constitute a certification by the attorney that the attorney has read, discussed and explained the elements of all offenses and all other questions on the plea form, and to the best of counsel's knowledge, information or belief the defendant understands the consequences of his entering the plea.
The Guilty or Nolo Contendere Plea Colloquy shall be prepared substantially in the form hereinafter set forth and shall be filed in open court at the time of the entry of any plea of guilty or nolo contendere.
(5) Megan's Law Supplement to Guilty Plea Colloquy--If a guilty plea or nolo contendere plea is entered by a defendant using a written plea colloquy substantially in the form hereinafter set forth in this Rule and the defendant is subject to the provisions of Megan's Law, the Megan's Law Supplement to Guilty Plea Colloquy hereinafter set forth shall be used.
Counsel shall review and explain to the defendant the contents of the Megan's Law Supplement and shall be satisfied that the defendant understands all the questions on the Megan's Law Supplement form.
The Megan's Law Supplement to Guilty Plea Colloquy shall be filed in open court at the time of the entry of any plea of guilty or nolo contendere.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: PLEA COLLOQUY DIRECTIONS CONCERNING THE ENTERING OF A GUILTY PLEA OR PLEA OF NOLO CONTENDERE (NO CONTEST) You are present before this Court because you or your lawyer have indicated your desire to plead to some or all of the criminal offenses with which you have been charged.
By pleading guilty you are agreeing and admitting that you committed each of the elements of the crimes. By pleading nolo contendere (no contest), you are stating that you do not contest the fact that the Commonwealth can prove you committed the crimes. In criminal law, a plea of nolo contendere (no contest) has the same effect for sentencing purposes as pleading guilty and, therefore, everything contained in this plea colloquy also applies to a plea of nolo contendere (no contest).
It is important that you understand, agree with and answer truthfully everything contained in this plea colloquy.
Please answer all of the questions on these papers fully. Most of the questions are to be answered either ''Yes'' or ''No.'' Where facts are requested, please fill in those facts specified in the blank space provided after the question. If you do not understand the question, indicate this by making an ''X'' in the blank space provided after the question you do not understand.
After you have completed this form and signed it, if there are any portions of it that you have stated you do not understand, tell your attorney, the attorney for the Commonwealth or the Judge so that you have a chance to have it explained.
If you are pleading Nolo Contendere (no contest) rather than Guilty, all references in this colloquy to ''your plea of guilty'' (or similar language) shall be interpreted to mean nolo contendere.
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[Continued from previous Web Page] DEFENDANT'S PERSONAL INFORMATION 1. What is your full name? __________
2. What is your address? __________
3. If you are known by any other names or aliases, list them. __________
__________4. Are you employed? __________
If so, where? __________
5. How old are you? ____ Date of Birth __________
6. How far did you go in school? (Give grade completed or equivalency) __________
7. Can you read, write and understand the English language? __________
8. Have you ever been a patient in a mental institution or have you ever been treated for a mental illness?
__________9. Are you now being treated for a mental illness? __________
10. If the answer to number 8 or 9 is yes, please explain. __________
__________11. If you are presently being treated for a mental illness, do you still feel that you can cooperate with your attorney, understand what you are doing today, understand what these questions mean and know why you must answer these questions? __________
12. Have you consumed any alcohol or taken any drugs or medicine or any other such substance within the past twenty-four (24) hours? __________
13. If the answer to number 12 is yes, please explain.
__________14. If the answer to number 12 is yes, are you presently under the influence of alcohol, drugs, medicine or any other substance to a degree that you cannot clearly understand these questions and answer them? __________
15. Do you understand that you are here to enter your plea of guilty or no contest to some or all of the charges against you? __________
PRESUMPTION OF INNOCENCE 16. Do you understand that you are presumed to be innocent and that you need not admit that you committed the offenses by pleading guilty? __________
17. Do you understand that, by pleading guilty you give up and waive your presumption of innocence?
__________RIGHT TO TRIAL 18. Do you understand that you have the absolute right to have your guilt or innocence determined in a trial before a jury, which involves the following?
(a) that jury panels in Crawford County are selected at random from the citizens of Crawford County?
__________(b) that you and your attorney and the District Attorney would participate in selecting, from this panel, the particular twelve (12) jurors who would hear the evidence and decide your guilt or innocence? __________
(c) that you cannot keep jurors off of your case for cause and can keep a limited number of people from being a juror without giving any reason? __________
(d) that only impartial, fair and unprejudiced jurors would be qualified to hear your case? __________
(e) that the Commonwealth has the burden of introducing testimony and other evidence which will convince all twelve (12) jurors unanimously of your guilt beyond a reasonable doubt? __________
(f) that proof beyond a reasonable doubt is that kind of doubt that would cause a reasonable and sensible person to pause and hesitate before acting on something that is important in that person's life? __________
(g) the Commonwealth must present witnesses who must testify under oath and that you or your lawyer can question each of those witnesses and to question their believability? __________
(h) that you can testify, call witnesses or introduce other evidence to contradict the Commonwealth's evidence and/or support your innocence, but are not required to do so? __________
(i) that, if you do not testify, call witnesses, or introduce other evidence, no adverse or negative inference may be drawn by the jury because you did not do this, and you will still be presumed innocent? __________
(j) that your right to call witnesses and present evidence includes evidence that you did not commit the crime charged; that you were at some other place when the crime was committed; that there is a mistaken identity; that an insanity defense exists; that your acts were justified under the law or there is some other lawful excuse for your acts? __________
(k) that if you cannot afford to pay proper costs, such as obtaining a witness, for example, these costs could be paid for you? __________
(l) that the jury will decide your guilt or innocence based only on the evidence that the jury hears?
__________19. Do you understand that you can be tried by a judge alone and give up your right to a trial by a jury?
__________MOTIONS BEFORE TRIAL 20. Do you understand that you can file motions with the Court before your trial to make sure that you get a fair trial? Those motions may include a motion to prevent the Commonwealth from presenting improperly obtained evidence at your trial including any statements that you may have made, tests results, identifications, and items taken from me or from some other place. If you file such a motion, the Commonwealth has the burden of proving that this evidence can be presented at your trial? __________
21. Do you understand that you can file a Motion to have these charges dismissed if your trial was not started within 365 days after the date that the Criminal Complaint was filed against you, not counting any delays caused by you or your lawyer?
__________22. Do you understand that if you plead guilty you give up your right to file any of these pretrial motions?
__________EFFECT OF PLEA 23. Do you understand that by pleading guilty you are giving up the right to confront and cross-examine witnesses? __________
24. Do you understand that, in entering your plea of guilty, you are admitting that you are properly charged and before the Court on those offenses to which you plead and that you give up and waive your right to raise, both before this Court or an appellate Court, any errors, irregularities, or violations of your Constitutional, or statutory rights by the Commonwealth in investigating, obtaining evidence, filing, proceeding with, and presenting the charges against you? __________
25. Do you understand that, if you have raised any of these matters, that your plea of guilty will end your right to be heard on them? __________
26. Do you understand that your plea of guilty or nolo contendere will have the same effect as if you had a trial and was convicted of the crimes to which you will be pleading? __________
27. Do you understand that if you are on probation, intermediate punishment or parole, at the time these crimes were committed, that your plea in this case will mean that you violated probation or intermediate punishment or parole? __________
28. Do you understand that if you violated probation, intermediate punishment or parole you can either be resentenced to jail or recommitted to jail? __________
29. Do you understand that any sentences that you will receive as a result of a probation, intermediate punishment or parole violation would be in addition to any sentence which you may receive as a result of this plea? __________
30. Do you understand that, if you are not a United States citizen, then it is possible that you may be deported if you plead guilty or no contest? __________
31. Do you know that, for a misdemeanor or felony the Court may impose a sentence in accordance with the sentencing guidelines which place a suggested length of sentence for the type of crime and increase the length of that sentence if the person sentenced had been previously convicted of other crimes, either as a juvenile or an adult, and that the maximum sentence or sentences of confinement and/or fine or fines applicable to the crime or crimes to which you are entering your pleas are as follows:
Charge Count Grade Maximum Penalty Mandatory Minimum ______ ____ ____ ______ $____ ______ $____ ______ ____ ____ ______ $____ ______ $____ ______ ____ ____ ______ $____ ______ $____ ______ ____ ____ ______ $____ ______ $____ ______ ____ ____ ______ $____ ______ $____ 32. Do you understand that, if you are being sentenced on more than one count, the sentences could be consecutive to each other? __________
33. Do you understand that ''consecutive'' means that each sentence must be served and completed before you begin the next sentence? In other words the sentences would not all be served at the same time. __________
34. Do you understand that, if you are currently serving another sentence, the sentence(s) you receive for your plea(s) today could be consecutive to any other sentences you are already serving? __________
35. Do you understand that the total possible total sentences you could receive for your plea(s)today, if all sentences were to be made consecutive, would be ______ in jail and a $____ fine? __________(specify days, months or years)
36. Have you and/or your attorney agreed with the District Attorney concerning the particular charges to which you will plead or the recommended length of sentence that will be imposed on these charges in return for your pleading guilty? __________
37. Are you aware that the judge does not have to sentence you in accordance with the terms of the sentence that you, your attorney or the District Attorney may have agreed upon? __________
38. Are you aware that the judge is not bound by the terms of any plea agreement entered into between you, your attorney and the District Attorney until the judge accepts the plea agreement? __________
39. Do you understand that if the judge does not agree with any recommended sentence or agreed upon sentence that does not automatically entitle you to withdraw your plea? __________
40. Do you understand that if there is no plea agreement the judge will determine what your sentence will be? __________
41. Do you understand that at any time prior to your sentencing, you may ask the Court for permission to withdraw your plea but you must show a fair and just reason for doing so and that the Commonwealth would not be prejudiced by your doing so?
__________RIGHT TO AN ATTORNEY 42. Do you understand that you have the right to be represented by an attorney and that, if you cannot afford an attorney, one would be appointed to represent you, from the Public Defender's office without charge, before, during and after trial and on appeal to the appellate Courts? __________
43. If you did not understand any part of this form, has your attorney advised you on such matters? __________
44. Are you satisfied with your attorney's representation of you in this case? __________
45. Have you had enough time to consult with your attorney before reading this document and entering your plea of guilty? __________
46. Have you fully discussed this case with your lawyer including the facts and possible defenses that you may have to the charges? __________
47. Are you satisfied that your lawyer knows all of the facts and law concerning this case? __________
48. Are you satisfied that your lawyer has contacted, or attempted to contact, every witness or source of evidence which you advised him of? __________
49. Are you satisfied that your attorney is ready and able to defend you in this case if you do not plead?
__________KNOWING AND VOLUNTARY PLEA 50. Have any other promises been made to you to enter a plea of guilty other than the plea agreement, if any? __________
51. Has anybody forced you, threatened you, promised you anything or coerced you directly or indirectly to enter this plea of guilty? __________
52. Are you doing this of your own free will? __________
I affirm that I have read the above document in its entirety and have reviewed it with my attorney. I affirm that I am aware of the full implications of pleading guilty/nolo contendere and nevertheless wish to plead to the specified offense(s). I further affirm that my signature on this document is true and correct.
_________________
DefendantI ______ , Esquire, Attorney for ______ , state that I have advised my client of the contents and meaning of this document; it is my beliefs/he fully comprehends the implication of pleading guilty/nolo contendere and is pleading guilty/nolo contendere of his/her own free will.
_________________ , Esquire
(Attorney for Defendant)IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: MEGAN'S LAW SUPPPLEMENT TO
GUILTY PLEA COLLOQUYOne or more of the offenses to which you are pleading guilty will make you subject to the registration and notification provisions of Megan's Law relating to sexual offenders. The purpose of the following questions is to make certain that you understand how these provisions will affect you. Please answer all questions ''Yes'' or ''No.'' If there is anything that you do not understand, you should say so in writing on this form. You should also tell your lawyer and the Judge who hears your case so that they can explain it to you fully to make sure you understand all of your rights. After you have read and filled out this form, you should sign it on the last page (on the line marked ''Defendant'').
1. Do you understand that as a result of your conviction you will be required to register with the Pennsylvania State Police and inform them of your current address and any change of address within ten (10) days of such change? __________
2. Do you understand that failure to register or to update your registration is itself a crime, which may subject you to penalties, including imprisonment? __________
3. Do you understand that your registration information will be provided by the Pennsylvania State Police to the local police department of any community in which you may live? __________
4. Do you understand that the registration requirements will continue for the time period specified: ____ ten (10) years ____ for the rest of your life? __________
5. If this line _____ is checked, do you understand that the District Attorney has the right to request the Court to hold a hearing to determine whether you are a sexually violent predator, and if you are determined to be a sexually violent predator you will be subject to additional registration and notification requirements? These will include:
Notification to your victim of your current address.
Notification to your neighbors of your name and address, the offense of which you were convicted, the fact that you have been determined to be a sexually violent predator, which notification may be accompanied by your photograph.
The notification will also be sent to the local children and youth services agency, superintendent of schools, daycare centers, and colleges and universities. It is also available to any member of the public upon request.
Do you understand all of the above information relating to registration and notification requirements of persons determined to be sexually violent predators? __________
6. Do you understand that if you are determined to be a sexually violent predator, you will be required to attend and pay for monthly counseling sessions for the period you are required to register? __________
I affirm that I have read the above document in its entirety and I understand its full meaning, and I am still nevertheless willing to enter a plea of guilty to the offenses specified. I further affirm that my signature and initials on each page of this document are true and correct.
Date: ______ __________Defendant
I, ______ , Esquire, Attorney for ______ , state that I have advised my client of the contents and meaning of this document; that it is my belief that s/he comprehends and understands what is set forth above; that I am prepared to try this case; and it is my belief that the defendant understands what s/he is doing by pleading guilty.
Date: ______ __________Attorney for the Defendant
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: : PLEA AGREEMENT FORM Counts to Plea:
__________
__________
__________Counts to nolle prosequi:
__________
__________
__________On counts for which the
Court orders a nolle prosequi:[ ] Defendant shall pay costs [ ] Defendant shall pay restitution [ ] No agreement as to sentencing
[ ] Agreement as to sentencing as follows: __________
__________
__________Special conditions of agreement: __________
__________
___________________________ __________
District Attorney or Assistant Defense Attorney
District AttorneyDate: _________________ __________Defendant
I, ______ , Defendant, understand that I must report to Courtroom No. 1, 2 or 3, Crawford County Courthouse, on ______ , 200 ____ , at _____ o'clock ____ .M. to enter my plea of guilty or nolo contendere.
_________________
DefendantOriginal: Court Administrator [white]
District Attorney [green]
Defense Counsel [yellow]
Defendant [pink]Form 590
Rule 600. Sessions of Criminal Court, Trial List and Other Procedures.
(1) Sessions of Criminal Court
(a) Regular sessions of Criminal Term of Court shall be held during the months of January, March, May, June, September and November of each year as designated on the court calendar published annually by the Court. Such sessions may be extended or other special sessions may be held at such times as will conform most conveniently to the business of the Court and the state and local criminal rules so long as at least 30 days notice of any extension of a criminal term or any addition of a term beyond a regular session of court is given. The notice shall be given by the Court Administrator to the District Attorney's Office; the Public Defender's Office; members of the Crawford County criminal defense bar and all magisterial district judges.
(b) Sentence Court and any other hearings shall be scheduled from time to time by the Court Administrator as the Court may direct and in compliance with the Pennsylvania Rules of Criminal Procedure as well as these Local Rules.
(c) Whenever Plea Court is scheduled pursuant to Cra.R.Crim.P. 590(1), the District Attorney shall notify the Court Administrator of the defendants who are scheduled to plead on a particular plea date. The Court Administrator shall keep a plea list with the pleas scheduled for specific plea dates. The list shall be available in the Court Administrator's Office and the Clerk of Courts Office at least twenty-four (24) hours prior to the scheduled plea date. The District Attorney shall not be required to comply with this provision for pleas scheduled following the call of any criminal trial list.
(2) Trial List and Other Procedures
(a) (1) The Court Administrator shall maintain a master list of criminal cases chronologically as the Court Administrator receives a copy of the Criminal Case Scheduling Form required to be provided by the Issuing Authority pursuant to Rule 502 of these rules. This list shall be known as the ''Master Criminal List.'' Each entry on this list shall include information deemed pertinent by the Court Administrator in consultation with the Court, but shall at least contain the name of the defendant, the number docketed for the case in the Clerk of Courts Office, the pertinent date pursuant to Pa.R.Crim.P. 600 and the name of any attorney who has appeared on behalf of the defendant.
(2) The Court Administrator shall prepare the Criminal Trial List for each session of the Criminal Term of Court and shall arrange the cases in chronological order based on the current status of the master criminal list beginning with case number one on said list and continuing through the last case in which a defendant has been notified by the Criminal Case Scheduling Form provided that that defendant's case may be tried during the term for which the list was prepared.
(3) All cases continued to a new trial term or not reached during the trial term due to the unavailability of the Court, shall appear chronologically on the Master Criminal List in the order in which they had previously appeared ahead of those cases chronologically listed for the next trial term so that the oldest cases will appear first on any list.
(4) The Master Criminal List shall be available for counsel and other interested persons to view in the Court Administrator's Office during normal business hours and copies of the Criminal Trial List based on that Master List for each Criminal Term of Court shall be available free of charge in the Court Administrator's Office and in the Clerk of Courts Office at least one week prior to the call of the trial list for that designated Criminal Term of Court.
(b) (1) Cases for each criminal term shall be tried in the order in which they chronologically appear on the criminal trial list for that trial term unless otherwise adjusted by the Court Administrator for proper reasons.
(2) Any party upon good cause shown may move the Court to advance a case forward from it's chronological location on the Criminal Trial List or have the case moved down further on the list to be tried either within the same term of Criminal Court or to be continued to the next term of Criminal Court. Any such motion must be filed in compliance with Pa.R.Crim.P. 106 and Cra.R.Crim.P. 106. The Court in its discretion may continue a case after that deadline if the motion to continue is consented to by the opposing party and/or the Court finds that good cause to continue the case has arisen after the call of the trial list.
(3) Upon granting a motion under Crawford County Rule of Criminal Procedure 600(2)(b)(2), the Court will designate as part of its order where such case shall be placed on the chronological criminal list for that particular term of court or what date certain the case will commence. If the Court allows the case to be continued to the next Criminal Term of Court, it shall be placed by the Court Administrator on the Master Criminal List pursuant to Cra.R.Crim.P. 600(2)(a)(3).
(4) If a case involves complex issues so that it is not amenable to the normal schedule, any party may, after formal arraignment occurs or is waived, move the Court to remove said case from the Master Criminal List so that the flow of the case through the system is handled independently of that procedure.
(5) In the event a case is removed from its designated scheduling cycle originally established on the Criminal Case Scheduling Form [i.e. ARD consideration, omnibus pretrial motion, continuance, cases not reached during a trial term] and is returned to a scheduling sequence, the Court Administrator shall prepare a new Criminal Case Scheduling Form setting the remaining appropriate dates for the defendant to appear with said assigned dates to be based on a reasonable effort to return the case into the sequence of the system at the point where the case was removed from the sequence or if the case is to be placed in a subsequent term of court, to a normal sequence for that term of court.
The Court Administrator shall distribute copies of the new Criminal Case Scheduling Form to the District Attorney's Office and defense counsel as well as to unrepresented defendants in a manner consistent with the Pennsylvania Rules of Criminal Procedure and the Crawford County Rules of Criminal Procedure.
(3) Call of the Trial List.
The call of the Criminal Trial List for a particular Criminal Term of Court shall be held by the Court on the date and time scheduled by the Court Administrator's Office pursuant to Cra.R.Crim.P. 502.
(a) All defendants and all attorneys representing defendants for cases on the schedule for that term of criminal court must attend the Call of the Criminal List unless:
(1) A date certain has been scheduled for the entry of a plea or for trial to commence; or
(2) A Motion For Continuance has been previously properly presented and granted; or
(3) The Court has excused the defendant and/or counsel based on good cause shown or defense counsel and the District Attorney's Office have agreed the defendant and/or counsel may be excused from the Call of the List.
(b) Failure to comply with the requirements of this Rule may result in the imposition of sanctions by the Court, including the issuance of a bench warrant and revocation of bail bond. Additionally, the District Attorney's Office may file a charge of Default in Required Appearance.
(c) In open court, prior to calling all the names of individuals on the Criminal Trial List, the Court shall announce that the day the list is being called is the last day to enter a negotiated plea and the last day to request a trial before a judge, rather than a jury. After the conclusion of the call of all names of individuals on the criminal trial list, the Court shall again announce in open court that the day the list is being called is the last day to enter a negotiated plea and the last day to request a trial before a judge, rather than a jury.
Rule 602. Presence of Defendants--Transportation.
(1) For incarcerated defendants, transportation orders must be obtained from the Court and served upon the Sheriff of Crawford County at least 7 days prior to the time the defendant is required to appear if the defendant is incarcerated in a facility in the county, and at least 14 days prior to the time the defendant is to appear if the defendant is incarcerated in an out-of-county facility.
(2) The responsibility for obtaining a transportation order shall be on:
(a) The District Attorney if the defendant is required to appear at trial or at a hearing set upon motion of the District Attorney or if the defendant is unrepresented by counsel.
(b) Defense counsel if the defendant is required to appear for a hearing set upon motion of the defendant. If the location of the defendant cannot reasonably be determined by defense counsel, such information may be sought from the District Attorney's Office and shall be reasonably provided to the defendant's counsel.
Rule 620. Waiver of Jury Trial.
The last day for a defendant to waive a jury trial shall be at the Call of the Criminal Trial List unless upon good cause shown the Court allows such a waiver after that date.
Rule 630. Juror Qualification Forms and Lists.
Any juror information provided to counsel pursuant to Pa.R.Crim.P. 630(A)(1)(c) or (d) is provided for use by counsel and shall be kept in counsel's possession at all times. However, counsel may, in preparation for and during jury selection, allow clients and others to see that information to aid in the jury selection process.
Rule 700. Sentencing Judge.
The judge receiving guilty or nolo contendere pleas may schedule the defendant for sentencing before another judge sitting in or assigned to the 30th Judicial District so long as the defendant is notified at the time of the entry of the plea that a different judge will be imposing the sentence.
Rule 704. Advising Defendants of Appellate Rights After Sentencing.
Prior to the sentencing hearing, a defendant who is represented by counsel shall execute Form 704 A, which is entitled ''APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING--After Trial'' or Form 704 B, which is entitled ''APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING--Guilty Plea or Nolo Contendere Plea.''
Defendant's counsel shall review and explain the form to the defendant and allow the defendant to read the form prior to the defendant and defendant's counsel signing the form. Counsel's signature on the form shall constitute certification by counsel that counsel has read, discussed and explained the form to the defendant and, to the best of counsel's knowledge, information or belief the defendant understands the form.
TO THE DEFENDANT:
PLEASE READ AND THEN REVIEW THE FOLLOWING INFORMATION WITH YOUR LAWYER. IT EXPLAINS THE RIGHTS YOU HAVE FOLLOWING SENTENCING. IF YOU DO NOT UNDERSTAND ANYTHING CONTAINED ON THIS DOCUMENT, ASK YOUR LAWYER OR THE SENTENCING JUDGE TO EXPLAIN IT TO YOU. DO NOT SIGN THIS DOCUMENT UNTIL YOU UNDERSTAND IT FULLY.IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING (After Trial) 1. After you are sentenced, you have the right to file either a Post-sentence Motion or an Appeal to the Superior Court of Pennsylvania.
2. If you wish to file a Post-sentence Motion, it must be filed with the Criminal Clerk of Courts of Crawford County no later than ten (10) days after the imposition of sentence.
3. If you wish to file an Appeal, a Notice of Appeal must be filed with the Clerk of Courts of Crawford County, within thirty (30) days of imposition of sentence. This is a right of appeal, which you may exercise without filing a Post-sentence Motion. If you file a Post-sentence Motion, you would also have a right to appeal from an Order deciding that Motion or denying the Motion by operation of law.
4. If you file a Post-sentence Motion, all requests for relief must be stated with specificity and particularity, and consolidated in the Motion, which may include:
a. a Motion challenging the validity of a plea of guilty or nolo contendere, or the denial of a Motion to Withdraw a plead of guilty or nolo contendere;
b. a Motion of Judgment of Acquittal;
c. a Motion in Arrest of Judgment;
d. a Motion for a New Trial; and/or
e. a Motion to Modify Sentence.
5. If you file a Post-sentence Motion, it and any supplemental Motion you may be permitted to file must be decided by the judge within 120 days of the filing of the original Motion. The judge may, at your request, grant one 30-day extension for deciding the Motion, if good cause is shown. If the judge fails to decide the Motion within the allowed time, the Motion will be denied by operation of law, and the clerk will enter an order denying the Motion.
6. If you file a Post-sentence Motion, and wish to appeal from the Order deciding or denying the Motion, a Notice of Appeal must be filed with the Criminal Clerk of Courts of Crawford County, within thirty (30) days of that Order.
7. Whether or not you file a Post-sentence Motion, all issues raised before or during trial are preserved for appeal except if you wish to claim the verdict was against the weight of the evidence or the Court abused it's discretion in sentencing you. Those issues must be raised in a Post-Sentence Motion before the trial judge before they can be raised on appeal to the Superior Court.
8. You have the right to assistance of counsel in the preparation of a Post-sentence Motion or any Appeal. If you are indigent, you have the right to proceed without payment of costs and with counsel appointed to represent you without charge. If you are now represented by the Public Defender's Office and continue to qualify for their services, that office would continue to represent you without cost.
9. If you qualify for bail and are released on bail after sentencing, a condition of release will be that you either file a Post-sentence Motion and perfect an Appeal, or, when no Post-sentence Motion is filed, perfect an Appeal with the time permitted by law.
I affirm that I have read the above information completely, that I understand its full meaning, and that I have been given a copy of this document for my records and review.
Date: ______ __________Signature of Defendant
I, ______ , Esquire, Attorney for ______ , state that I have advised my client of the meaning of this document and of his/her post-sentence and appeal rights as required by Pa.R.Crim.P. 704; that it is my belief that the defendant comprehends and understand those rights and what is set forth herein, and that Defendant has received a copy of this form.
Date: ______ __________Attorney for the Defendant
Form 704 A
TO THE DEFENDANT:
PLEASE READ AND THEN REVIEW THE FOLLOWING INFORMATION WITH YOUR LAWYER. IT EXPLAINS THE RIGHTS YOU HAVE FOLLOWING SENTENCING. IF YOU DO NOT UNDERSTAND ANYTHING CONTAINED ON THIS DOCUMENT, ASK YOUR LAWYER OR THE SENTENCING JUDGE TO EXPLAIN IT TO YOU. DO NOT SIGN THIS DOCUMENT UNTIL YOU UNDERSTAND IT FULLY.IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: : APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING (Guilty Plea or Nolo Contendere Plea) 1. After you are sentenced, you have the right to file either a Post-Sentence Motion in this Court or an Appeal to the Superior Court of Pennsylvania.
2. If you wish to file a Post-Sentence Motion, it must be filed with the Clerk of Courts no later than ten (10) days after the imposition of sentence.
3. If you wish to file an Appeal, a Notice of Appeal must be filed with the Clerk of Courts within thirty (30) days from when you are sentenced. You can file this Appeal without filing a Post-Sentence Motion in this Court. If you do file a Post-Sentence Motion in this Court, you also have the right to appeal from an order deciding that motion on the merits, or, if the Court does not decide that Motion within 120 days (or 150 days upon your motion to extend that time by thirty (30) days) from when it is filed. If the Court does not decide that Motion within that 120 day (or 150 day, if extended) time period, the Appeal must be filed within thirty (30) days from when the Clerk of Courts enters an Order denying the Motion by operation of law because the judge has failed to decide the Motion.
4. If you file a Post-Sentence Motion in this Court, your requests for relief must be stated with specificity and particularity in one motion, which may include:
a. a Motion challenging the validity of your plea of guilty or nolo contendere or the denial of a Motion to Withdraw a plea of Guilty or Nolo Contendere
b. a Motion to Modify Sentence
5. If you file a Post-Sentence Motion in this Court, as well as any supplemental motion that the Court allows you to file, the Motion must be decided within 120 days from when you file it, although the judge, at your request, may grant one thirty (30) day extension for deciding the Motion, if good cause is shown. If the judge does not decide the Motion within the time period allowed, the Clerk of Courts will enter an Order denying the Motion.
6. If you file a Post-Sentence Motion and wish to appeal from this Court's order, you must do so within thirty (30) days from when that Motion is decided or denied.
7. Since you have entered a guilty plea or nolo contendere plea, your Appeal to the Superior Court would be limited to the following four areas:
a. your plea of guilty or nolo contendere was unlawfully induced and was not voluntarily and understandingly made by you;
b. your sentence was illegal;
c. the lower court did not have jurisdiction in your case;
d. your attorney was ineffective in representing you.
8. Whether or not you file a Post-Sentence Motion, all issues raised before or during trial are preserved for appeal, except if you claim the Court abused it's discretion in sentencing you. That issue must be raised in a Post-Sentence Motion before the trial judge before it can be raised on appeal to the Superior Court.
9. You have the right to assistance of counsel in the preparation of a Post-Sentence Motion in the Appeal you file. If you are unable to afford an attorney, you have the right to the assistance of counsel, free of charge through the Public Defender's Office throughout the appeal process. If you challenge the effectiveness of your attorney and cannot afford a new attorney, a new attorney will be appointed to represent you.
10. If you qualify for bail and are released on bail after sentencing, a condition of release will be that you either file a Post-Sentence Motion and, if that is not successful, an appeal or, when no Post-Sentence Motion is filed, that you file an Appeal within the thirty (30) day time period permitted by law.
I affirm that I have read the above information completely, that I understand its full meaning, and that I have been given a copy of this document for my records and review.
Date: ______ __________Signature of Defendant
I, ______ , Esquire, Attorney for __________
Date: ______ __________Attorney for the Defendant
Form 704 B
Rule 708. Probation/Parole/ Intermediate Punishment General Rules and Regulations.
A. Probation/Parole/Intermediate Punishment General Rules and Regulations
The Court, whenever sentencing a defendant to probation or intermediate punishment or granting parole, shall state in its order that the general rules, regulations and conditions governing probation and parole in Crawford County shall be applicable and all of the following shall apply unless specifically deleted by the Court in its Order or in a subsequent order:
(1) The defendant will be in the legal custody of the Court until the expiration of the defendant's probation, parole or intermediate punishment or until further order of Court. The Probation or Parole Officer has the power at any time during this period, in cases of violation by the defendant of any of the conditions of the defendant's probation, intermediate punishment or parole, to detain the defendant in a county prison and thereafter make a recommendation to the Court, which may result in the further detention of the defendant and ultimately the revocation of probation or parole and commitment to a penal or correctional institution for service of the defendant's sentence.
(2) The defendant will report regularly to the Probation/Parole Department, in person or in writing, and reply to any communication from the Court or the Probation/Parole Department.
(3) The defendant will live at an address provided to the Probation/Parole Department and may not change that residence without prior permission from that department.
(4) The defendant will not travel outside of Pennsylvania or the community to which he/she has been paroled or placed on probation as defined by his/her Probation/Parole Officer without prior permission.
(5) The defendant will comply with all municipal, county, state and federal criminal laws, and will abide by any additional written instructions of his/her Probation/Parole Officer. Pursuant to this rule, any such reasonable instruction shall be considered a special condition of supervision imposed by the Court. The defendant will immediately notify his/her Probation/Parole Officer of any arrest or investigation by law enforcement agencies.
(6) If the defendant is not employed, the defendant will make every effort to obtain and maintain employment and support any dependents of the defendant. The defendant will obtain written permission prior to changing employment. If the defendant loses a job, the defendant will immediately notify the defendant's Probation/Parole Officer and cooperate in any effort the parole officer may make to obtain employment for the defendant.
(7) The defendant shall abstain completely from the use and possession of controlled substances.
(8) If the defendant has ever been convicted of a felony or a misdemeanor involving the use or possession of a weapon, the defendant shall not be permitted to own, possess or have access to any firearm nor ammunition that can be used in any firearm.
If the defendant has been convicted of a non-weapons misdemeanor, with the advance permission of the defendant's Probation/Parole Officer, the defendant may possess weapons and ammunition for those weapons to be used exclusively for hunting or other sports activities. This decision shall be solely at the discretion of the defendant's Probation/Parole Officer.
(9) The defendant may not use alcoholic beverages nor may the defendant go into places where alcoholic beverages are sold unless, at the discretion of the Probation/Parole Department, this condition is totally or partially waived in writing.
(10) All fines, costs, restitution and Offender's Supervision Fees imposed upon the defendant by the Court must be paid immediately or in accordance with any schedule set up by the Court or the Probation/Parole Department before the defendant will be released from probation/parole.
(11) The defendant will submit to random and periodic testing to determine any use of illegal controlled substances and alcoholic beverages.
(12) The defendant will attend and pay all costs and fees of any therapeutic program offered by a recognized agency when directed to do so by the defendant's Probation/Parole Officer.
(13) The defendant will not annoy or harass any victim or witnesses of the defendant's crime and shall not solicit anyone else to do so.
(14) The defendant shall obey the law and be of good behavior generally.
(15) The defendant shall report to the Crawford County Probation/Parole Department within 24 hours after being released from any institution unless directed to report sooner by the Probation/Parole Officer and/or Order of the Court.
(16) The defendant shall comply with any curfew imposed by the Probation/Parole Department.
(17) Any defendant required to comply with the provisions of 44 Pa.C.S.A. Section 2316 regarding the mandatory submission of a DNA sample, shall do so and shall further pay the mandatory costs set forth in 44 Pa.C.S.A. Section 2322 unless the Court has found that undue hardship would result and has excused the payment of that fee.
(18) Any defendant subject to the registration requirements for sexual offenders pursuant to the provisions of 42 Pa.C.S.A Section 9791 et. seq. (as amended) (known as Megan's Law) shall at all times during the period of probation/parole comply with all such registration requirements.
(19) The defendant shall always be truthful and accurate in any written or oral statements the defendant makes to a Probation/Parole Officer or member of the staff of the Probation/Parole Department.
(20) The defendant shall receive a copy of these general terms and conditions of probation/parole at or about the time supervision commences.
(21) If the defendant believes that the defendant's rights have been violated as a result probation/parole supervision, the defendant must submit a timely complaint in writing, first to the Chief Probation/Parole Officer and then to the President Judge at the Crawford County Courthouse in Meadville, Pennsylvania, if the matter is not satisfactorily resolved.
B. Electronic Monitoring/House Arrest General Rules and Regulations.
Whenever the Court shall sentence a defendant to a sentence including Electronic Monitoring/House Arrest, the defendant will be subject to all of the following rules, regulations and conditions unless specifically deleted by the Court in it's Order or any subsequent Order:
(1) The offender must remain at the indicated residence at all times except those times approved by the Crawford County Probation/Parole Department with the exception of a life threatening emergency. The offender may be required to furnish documentation to verify any emergency departures from the schedule. If an emergency situation exists, the offender is required to notify the Probation/Parole Department immediately.
(2) The offender agrees to maintain telephone service that is not equipped with the phone company's computerized answering service throughout the offender's participation in the Electronic Monitoring/House Arrest Program.
The offender may be required to provide documentation to verify this condition. Also the offender understands that ALLTEL Corporation or the equivalent service provider is not liable for any damages incurred as a result of wearing the equipment or participating in said program.
(3) No illegal drugs, alcohol, firearms or other weapons or ammunition for firearms are permitted in the residence. Additionally, the offender is prohibited from possessing or using any of these items at any time during the period of time on Electronic Monitoring/House Arrest.
(4) The Probation/Parole Department shall be permitted access to the residence during the term of this program. Additionally, the officers shall be permitted to search the residence, the offender and the offender's vehicle. The offender consents to all types of these searches and acknowledges that they may be conducted without a search warrant. Officers may restrict individuals from visiting the offender. Any non-compliance of the offender's family/friends is the offender's responsibility.
(5) The offender shall submit to drug and alcohol testing with the type of test to be selected by the supervising officer. Methods may include, but are not limited to, breath, urinalysis or blood testing.
(6) The offender will not move, disconnect or tamper with the monitoring equipment following installation.
(7) The offender will be held responsible for any damage other than normal wear to the equipment. If the equipment is not returned or it is not returned in good condition, the offender may be charged for replacement/repair and may be subject to civil and/or criminal penalties.
(8) The purpose of this monitoring equipment is to alert authorities of violations of the program. The offender agrees that the loss of a receiving signal and/or receipt of a tamper signal by the monitoring device shall constitute probable cause for a violation. It is agreed that the program's computer printout and/or a program official's and/or other sources of testimony may be used as evidence at a violation hearing to prove said violation.
(9) The Crawford County Probation/Parole Department and program associated agents are not liable for any damages incurred as a result of wearing or tampering with the equipment or any respective damages associated with the equipment that are the result of the offender's negligence.
(10) The offender must abide by all instructions, rules, regulations and directives of the Electronic Monitoring/House Arrest Officers or other officers of the Department acting for the assigned case officer.
(11) The offender shall comply with all municipal, county, state and federal laws. Any arrest, receipt of citation/summons or contact by law enforcement officials must be immediately reported to the offender's probation/parole officer.
(12) Approvals will be given for the defendant to leave the residence for employment. This employment may be full or part time, but must be a legitimate job where taxes are withheld or W-2 Forms are filed and verification is established. Other leaves will be limited to approved counseling, hospital/doctor appointments and a funeral of an immediately family member. Social leave will not be permitted, nor will leave to public or private events be permitted. All leave activity will be recorded in the daily logbook for the defendant.
(13) The offender will be assessed an installation fee and a daily use fee while enrolled in the Electronic Monitoring/House Arrest Program in amounts to be determined by administrative order entered by the President Judge.
(14) While in the Electronic Monitoring/House Arrest Program, the offender shall attend any recommended counseling and shall comply with the rules and regulations of any counseling agency, including compliance with the treatment plan.
(15) The offender shall always be truthful and accurate in any written or oral statements the offender makes to the probation/parole officer or member of the staff at the Probation/Parole Department. The offender understands that providing false information is a violation of and may result in the offender's removal from the program and return to the Crawford County Correctional Facility forthwith.
(16) The offender may be arrested with or without a warrant immediately following a violation, and that arrest will result in the offender's return to the Crawford County Correctional Facility forthwith until the matter can be brought before a judge for hearing.
(17) The offender will not leave the place of employment except to perform duties associated with employment unless otherwise permitted by the supervising probation/parole officer. The offender agrees to permit the supervising probation/parole officer to visit the place of employment to assure compliance and to permit the employer to notify the supervising probation/parole officer in the event the offender does not report to work as required or leaves work other than at the designated times in the normal workday.
(18) The offender is required to keep the supervising probation/parole officer informed of the location and directions to the place of employment or job site.
(19) The offender will provide a weekly work schedule to the supervising probation/parole officer in writing at least two working days in advance of the work schedule.
(20) If the offender believes the offender's rights have been violated as a result of the Electronic Monitoring/House Arrest supervision, the offender may submit a timely written complaint in writing, first to the Chief Probation/Parole Officer, and if the matter is not satisfactorily resolved, then to the President Judge at the Crawford County Courthouse, Meadville, Pennsylvania.
The offender shall have access to a digital pager with a number to be designated by the Adult Probation Department, to be used in EMERGENCY SITUATIONS ONLY! This pager is not to be used for schedule changes or personal requests. The offender must have a schedule change approved one day in advance during working hours. Any weekend schedule changes not requested prior to close of business on Friday will not be approved. The offender is cautioned, this pager is for EMERGENCY USE ONLY.
An EM Log will be provided to the offender at the time of the initial hook-up. The offender will be responsible for maintaining an accurate log with a detailed list of all daily events that occur outside the residence. The officer may apply the officer's own discretion in the maintenance of the log.
Religious leave may be permitted with a written and signed request from the pastor, priest, etc. and written documentation of any attendance with not more that two leaves per week permitted.
Any other purposed leave requests are subject to the approval of the Electronic Monitoring/House Arrest Department of the Probation/Parole Department.
Rule 801. Qualifications for Defense Counsel in Capital Cases.
The Court Administrator's Office shall maintain a list of Crawford County Attorneys who satisfy the educational requirements set forth in Pa.R.Crim.P. 801 and who have notified the Court Administrator they wish to be considered for appointment to representation of defendants in cases in which the death sentence is authorized.
By the Court
GORDON R. MILLER,
President Judge[Pa.B. Doc. No. 06-2057. Filed for public inspection October 20, 2006, 9:00 a.m.]
