The Court Process
If you’ve been a victim of a crime, you might need to navigate the court system if the perpetrator is identified and charged. This process can be daunting for many.
This walkthrough aims to clarify what to expect during the Court Process.
The steps you will find here are not exhaustive. Some cases will be much simpler, and others will include many more steps. Please be sure to consult an attorney to better understand how (or if) the information presented here applies to your case.
The Lower Courts: Magisterial District Judge Courts (MDJC)
Magisterial District Judge Courts (MDJC) make up the first level of Pennsylvania’s court system. Additional courts include the Philadelphia and Pittsburgh Municipal Courts and Philadelphia Traffic Court.
Magisterial District Judges (MDJ) preside over MDJC in all counties but Philadelphia. They have authority to:
- conduct trials for criminal summary matters not involving acts that are considered delinquent
- conduct trials for civil claims where the amount does not exceed $8,000, in the following types of cases:
- landlord-tenant actions
- assumpsit actions unless they involve a contract where the title to real estate may be in question
- trespass actions
- fines and penalties by any government agency
- preside over preliminary arraignments and preliminary hearings
- set and accept bail. In cases involving murder of the first and second degree, which potentially carry a life sentence, there is no bail
issue arrest warrants - accept guilty pleas to the charge of Driving Under the Influence so long as:
- it is a first offense,
- no personal injury occurred to a third party other than the defendant’s immediate family,
- property damage to any third party is less than $500 and
- the defendant is not a juvenile
- preside over non-jury trials involving all offenses under Title 34 (Game Commission Laws).
Of the two minor courts in Philadelphia County (Municipal Court and Traffic Court), Municipal Court is Pennsylvania’s only court at the minor courts level. Its judges have the same jurisdiction as Magisterial District Judges with the following exceptions:
- Jurisdiction includes all criminal offenses, except summary traffic offenses, that are punishable by a term of imprisonment not exceeding five years.
- They may enter judgments in civil claims where the amount does not exceed $10,000.
Philadelphia Traffic Court’s jurisdiction covers all summary offenses under the Pennsylvania Vehicle Code as well as any related Philadelphia City ordinances.
The Pittsburgh Municipal Court has a criminal division, a traffic division and a non-traffic division. Its judges preside over preliminary hearings on all homicide cases in Allegheny County. The judges also preside over matters within the City of Pittsburgh, including non-traffic summary offenses; traffic offenses, except parking citations issued by the Pittsburgh Parking Authority; all violations of City of Pittsburgh ordinances and preliminary hearings on all misdemeanor and felony criminal cases.
The Upper Courts: Court of Common Pleas, or County Courts
Common Pleas courts are Pennsylvania’s courts for general trials. They have control over all cases not assigned to another court and can hear appeals over decisions from the MDJCs. They also hear appeals from certain state and local government agencies.
The courts are organized into 60 districts, which generally follow the boundaries of the Commonwealth’s counties; however, seven of the districts are comprised of two counties. They are Perry-Juniata, Snyder-Union, Franklin-Fulton, Wyoming-Sullivan, Columbia-Montour, Warren-Forest and Elk-Cameron. Each district has from one to 93 judges