Philadelphia Local Rules of Criminal Procedure

For proceedings relating to sentences with redress in court proceedings, see rule 705.1. For summary appeals, see Rules 460, 461 and 462. (a) The rules of this chapter govern all proceedings in the City Court of Philadelphia, including summary cases; cases brought before district courts within the meaning of Rule 1001a; the lodging of appeals in cases brought before the District Court; the filing of applications for writs of certiorari; and pre-trial proceedings in criminal cases, Part A, and regulates proceedings in summary traffic cases before the Traffic Division of the District Court, Part B. (A) Except as otherwise provided in this section or as otherwise permitted by this section or elsewhere in Chapter 10, all criminal proceedings in which a person is charged with only one or more summary offences or violations of municipal penal orders shall be conducted in accordance with Chapter 4. the Code of Criminal Procedure. (B) After an application for certiorari or a notice of appeal has been filed for the de novo proceedings, the District Court shall not take any further action on the merits, except as otherwise provided in these Rules. This rule, which replaced former Rule 1002 in 2005, was designed to take into account the procedures established by the District Court for the District of Philadelphia to resolve problems in non-traffic summary cases that occur only in Philadelphia, to deal more effectively with the large number of summary cases outside the public, and to protect defendants` rights to a fair and expeditious resolution of their cases. and, where appropriate, the provision of necessary social or rehabilitation services. The district court is required to apply the local rules under Rule 105 (Local Regulations), which sets out the details of summary proceedings following a summons or summons.

For the purposes of this rule, the local rule includes all statements of intent and administrative orders that affect summary matter proceedings that do not circulate. (iii) Where applicable, upon payment of a fee charged, the defendant may be enrolled in the District Court Summary Diversion Program or any other distraction program offered under Rule 105 (Local Regulations). If the defendant successfully completes the district court`s summary distraction program, his detention record is automatically deleted. See Rules 460, 461 and 462 for summary appeal procedures. The 1996 amendments to paragraph (A)(2) align the procedures for private actions in non-summary cases before the District Court with the national private claims procedures under Rule 506 (Authorization of Private Complaints). In all cases where the applicant is not a law enforcement officer, the complaint must be submitted to Commonwealth Counsel for approval or dismissal. The 2004 amendments clarify that, except as otherwise provided in the Regulations, Chapter 10 governs all proceedings in the Philadelphia City Court, including criminal proceedings, pre-trial conferences, and pre-trial proceedings. See 42 Pa.C.S. § 1123 (Jurisdiction and Jurisdiction). (B) The Transportation Division of the Philadelphia City Court shall determine by local by-law the qualifications and training requirements for the position of hearing officer of the Department of Transportation.

(D) Once an appeal has been made under this rule and the Commonwealth has certified in the notice of appeal that the order will terminate the proceedings or significantly impede, the Municipal Court shall not take any further action in the matter, except as otherwise provided in this Regulation. (B) Any proceeding subject to a statewide code of criminal procedure not expressly addressed in Chapter 10 or a local Philadelphia by-law authorized by such rules and adopted pursuant to Rule 105 shall be governed by the appropriate statewide rule. (c) If the defendant appears before a judge of the indictment court, the judge of the indictment court shall schedule the next trial before the Transport Division and issue a notice of hearing or summons to appear to the defendant, establish security in accordance with Rule 1034 and local regulations, and release the defendant or, if the defendant is unable to post the security: to incarcerate the defendant. For procedures for promulgating local rules, see Article 105. The procedure described in point C(3) allows the issuing authority to exercise its discretion in issuing a summons to appear or an arrest warrant, depending on the circumstances of the case. Of course, the appropriate factors for issuing a subpoena instead of a warrant vary. Factors that may be considered include the seriousness of the crime, the ongoing danger to the victim, the relationship between the accused and the victim, the defendant`s known criminal record, etc. These rules were developed in 2005 to reflect the procedures established by the Philadelphia Transportation Court to deal with issues raised in Philadelphia-specific traffic summary cases, to deal more effectively with the large volume of summary traffic cases, and to protect defendants` rights to a fair and expeditious resolution of their cases. This rule was adopted in 2009 to determine appeal procedures by the Traffic Division of the Court of Common Pleas of the First Judicial District. Except as otherwise provided in this section, the procedures set out in sections 460, 461 and 462, which govern de novo applications for interim relief, shall apply to summary appeals before the Department of Transportation.

The issuing authority shall then accept the complaint and the case shall be dealt with in accordance with the provisions of this Regulation. For non-compliance procedures in Department of Transport cases, see Rules 140, 141 and 142. This rule is intended to provide for the exclusive procedure for challenging the validity of an admission of guilt or rejecting a request for the withdrawal of a confession. For a discussion of the general principles underlying the rule, see the commentary on Article 720. (a) Except as otherwise provided in this article, the security procedures provided for in rule 452 shall apply. (B) Where local regulations so provide as an exception to the service of trial procedures under section 408 (B), the prosecutor shall also notify the defendant in writing of the specified date, time and place for summary proceedings; if an estimate is issued to the defendant in accordance with Rule 405. Final report explaining the new Philadelphia Traffic Court Appeals Rule 1037, published with the court`s order in 39 Pa.B. 6329 (31 October 2009). (E) If the same conduct is prohibited by a Assemblies Act and a Municipal Penal Ordinance, charges shall be laid under the Assembly Act and not the Ordinance.

The 2004 amendments to paragraph (A)(1) align the procedures for bringing cases before the District Court with the national procedures set out in Rule 502 (Court Procedure). (A) If an accused is arrested pursuant to an arrest warrant issued pursuant to article 430, the police officer shall immediately bring the accused before the competent issuing authority and proceed in accordance with that rule and the local rule. This rule, which defines the case of the District Court, is intended to ensure that the District Court takes decisive action, including judicial proceedings and judgment, in any criminal proceedings which do not involve an offence, with the exception of summary cases under the Vehicle Act. The latter fall under the jurisdiction of the Municipal Court Traffic Division, successor to the Philadelphia Traffic Court, see Act 17 of 2013, S.