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Pennsylvania: how a case moves

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A Pennsylvania case moves through seven stages, from the first police contact to sentencing. Below is each stage in order, then the time limits that apply and what to avoid. The steps are the same ones our What happens next tool shows.

Current as of November 11, 2026. We re-check this page regularly and after any rule change.

Mitchell Bromberg, Mikhail Usher and Alex Susi on the courthouse steps

The stages, in order

Your case may not pass through every stage, and a lawyer who knows your charge can tell you which ones apply. Read them in order, because what you can do changes at each one. If you want to pick your stage and see only the steps that fit, use the What happens next tool.

  1. Under investigationSay clearly that you want a lawyer and will not answer questions; staying silent alone may not be enough. [1]If you are in custody and say you want a lawyer, police questioning must stop until a lawyer is present. [2]You are protected against unreasonable searches, and a search warrant needs probable cause sworn under oath. [3]If officers arrive with a warrant, stay calm, don't resist, ask for a copy and call your lawyer.Call a lawyer now, before any interview, so the lawyer can deal with the police for you.
  2. ArrestedAfter an arrest without a warrant, you must be given a preliminary arraignment without unnecessary delay. [4]At the preliminary arraignment you are told of your right to a lawyer, your right to a preliminary hearing (unless the case goes to an indicting grand jury), and any bail terms. [5]Ask for a lawyer and say nothing about the case; once you ask, police questioning must stop. [2]Police generally need a warrant to search the data on a phone taken at the arrest. [6]Family can call a lawyer now so one is ready for the first court appearance.
  3. ArraignedThe preliminary hearing must be scheduled within a set number of days after the preliminary arraignment. [7]Your lawyer prepares for the preliminary hearing and goes over the complaint with you.
  4. ChargedAfter you are held for court, the district attorney files an information in the court of common pleas. [8]Arraignment on the information follows, usually within 10 days. [9]Your lawyer asks for discovery and files the omnibus pretrial motion within the time the rules set. [10]
  5. Plea offerYour lawyer goes over the offer with you, line by line, before any decision.A plea is taken in open court, and the judge may accept it only after finding it knowing, intelligent and voluntary. [11]Ask your lawyer what the offer would mean for your record, your job and your immigration status.
  6. TrialTrial must start within 365 days from the filing of the written complaint, as the rule computes it. [12]Your lawyer prepares the defense with you and goes over how each trial day works.You have the right to a speedy and public trial by an impartial jury, to confront the witnesses and to a lawyer. [13]No one can force you to be a witness against yourself. [14]
  7. After sentencingA written post-sentence motion must be filed within 10 days after the sentence. [15]The notice of appeal is due within 30 days, counted from the sentence or from the order deciding a post-sentence motion. [16]Follow every term of the sentence or probation exactly, and keep proof that you did.

Deadlines

These are the time limits the tool shows for Pennsylvania. Some apply only if you are held in custody, and they are labeled that way. Time often runs from a date on your own paperwork, so give every paper you receive to your lawyer.

Arraigned

  • If you are not held in custody: Preliminary hearing no later than 21 days after the preliminary arraignment if you are not in custody, unless extended for cause. [7] (as of November 11, 2026)
  • If you are held in custody: Preliminary hearing no later than 14 days after the preliminary arraignment if you are held on this case only, unless extended for cause. [7] (as of November 11, 2026)
  • If you are held in custody: Preliminary hearing no later than 21 days after the preliminary arraignment if you are also held on another case, unless extended for cause. [7] (as of November 11, 2026)

Charged

  • Arraignment no later than 10 days after the information is filed, unless a local rule or the court for cause provides otherwise. [9] (as of November 11, 2026)
  • A motion for pretrial discovery must be made within 14 days after arraignment unless the court extends the time. [17] (as of November 11, 2026)
  • The omnibus pretrial motion is due within 30 days after arraignment, with limited exceptions. [10] (as of November 11, 2026)

Trial

  • Trial within 365 days from the date the written complaint is filed, as computed under the rule. [12] (as of November 11, 2026)
  • If you are held in custody: Pretrial incarceration may not exceed 180 days from the complaint, as computed under the rule; your lawyer may move for release on nominal bail. [18] (as of November 11, 2026)

After sentencing

  • Post-sentence motion: no later than 10 days after the sentence is imposed. [15] (as of November 11, 2026)
  • Notice of appeal: within 30 days of the order deciding a timely post-sentence motion, or within 30 days of the sentence if none was filed. [16] (as of November 11, 2026)

What not to do

  • Do not talk to the police or investigators about the case without a lawyer. Ask for a lawyer and then stop talking.
  • Treat every jail call as recorded. Do not discuss the case on it, and tell family not to.
  • Do not contact the person who made the accusation, directly or through anyone else.
  • Do not post about the case, the arrest or anyone involved, and do not delete messages, photos or files.
  • Do not miss a court date or ignore a paper from the court. Tell your lawyer about every date.

Keep every notice you receive from the court or the district attorney, including envelopes, and bring them all to your lawyer. A missed date is hard to undo.

Charges and first steps in Pennsylvania

If you know the charge, start with its page: Assault, DUI, Drug charges, Gun and weapon charges, Theft and larceny. The full list is on the charges page.

If the arrest just happened, read what to do right now, then arraignment and bail and release. If you are a relative of the person arrested, start with the family page. To see the steps for your exact stage, use What happens next. Other courts: all the courts we appear in.

Sources

  1. Berghuis v. Thompkins, 560 U.S. 370 (2010). Current as of November 11, 2026. Official text
  2. Miranda v. Arizona, 384 U.S. 436 (1966). Current as of November 11, 2026. Official text
  3. U.S. Const. amend. IV. Current as of November 11, 2026. Official text
  4. Pa. R. Crim. P. 519(A)(1) (amended 2013). Current as of November 11, 2026. Official text
  5. Pa. R. Crim. P. 540(F). Current as of November 11, 2026. Official text
  6. Riley v. California, 573 U.S. 373 (2014). Current as of November 11, 2026. Official text
  7. Pa. R. Crim. P. 540(G)(1) (amended May 2, 2024, eff. Oct. 1, 2024). Current as of November 11, 2026. Official text
  8. Pa. R. Crim. P. 560(A) (amended 2018). Current as of November 11, 2026. Official text
  9. Pa. R. Crim. P. 571(A). Current as of November 11, 2026. Official text
  10. Pa. R. Crim. P. 579(A). Current as of November 11, 2026. Official text
  11. Pa. R. Crim. P. 590(A). Current as of November 11, 2026. Official text
  12. Pa. R. Crim. P. 600(A)(2)(a) (amended Nov. 3, 2023, eff. Jan. 1, 2024). Current as of November 11, 2026. Official text
  13. U.S. Const. amend. VI. Current as of November 11, 2026. Official text
  14. U.S. Const. amend. V. Current as of November 11, 2026. Official text
  15. Pa. R. Crim. P. 720(A)(1) (amended Apr. 21, 2026, eff. Nov. 1, 2026). Current as of November 11, 2026. Official text
  16. Pa. R. Crim. P. 720(A)(2)(a), (A)(3). Current as of November 11, 2026. Official text
  17. Pa. R. Crim. P. 573(A), (B)(1) (amended 2022). Current as of November 11, 2026. Official text
  18. Pa. R. Crim. P. 600(B)(1), (D)(2). Current as of November 11, 2026. Official text

Arrested, or think you might be? Call before you answer any questions.

Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.

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