Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 10 - RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION
Part A - Philadelphia Municipal Court Procedures
Rule 1002 - Procedure in Summary Cases
Universal Citation: 234 PA Code ยง 1002
Current through Register Vol. 54, No. 12, March 23, 2024
(A) Except as provided in this rule or by local rule authorized by this rule, or elsewhere in Chapter 10, all criminal proceedings in which a person is accused only of one or more non-traffic summary offenses or violations of municipal criminal ordinances shall proceed as provided in Chapter 4 of the Rules of Criminal Procedure.
(B) Non-traffic summary proceedings shall be instituted either by a citation issued to the defendant or arresting without a warrant when arrest is specifically authorized by law.
(1) Issuance of Citation
(a) The law enforcement officer shall issue
the citation to the defendant pursuant to Rule 405 (Issuance of Citation),
together with a notice to appear, unless required to proceed pursuant to
paragraph (B)(1)(e). The notice to appear shall:
(i) direct the defendant to appear before a
judge or trial commissioner on a date and at a time certain in a specified
court room, and
(ii) shall advise
the defendant that failure to appear shall constitute consent to a trial in the
defendant's absence, and if the defendant is found guilty, the defendant shall
have the right to appeal within 30 days for a trial de
novo.
(b) When
authorized by local rule promulgated pursuant to Rule 105 (Local Rules), the
law enforcement officer may prepare, verify, and transmit a citation
electronically. The law enforcement officer contemporaneously shall give the
defendant a paper copy of the citation containing all the information required
by Rule 403(A) (Contents of Citation) and a notice to appear. The notice to
appear shall:
(i) direct the defendant to
appear before a judge or trial commissioner on a date and at a time certain in
a specified court room, and
(ii)
shall advise the defendant that failure to appear shall constitute consent to a
trial in the defendant's absence, and if the defendant is found guilty, the
defendant shall have the right to appeal within 30 days for a trial de
novo.
(c) Within
5 days after issuance of the citation and notice to appear, the citation shall
be filed with the clerk of Municipal Court.
(d) When the defendant appears before the
judge or trial commissioner as provided in paragraph (B)(1)(a) or (B)(1)(b),
the judge or trial commissioner shall explain the process to the defendant.
(i) If the defendant enters a guilty plea,
the judge or trial commissioner shall impose the fines and costs.
(ii) If the defendant enters a not guilty
plea, the judge or trial commissioner shall set a date for trial before a judge
and issue a subpoena to the defendant. The judge or trial commissioner shall
advise the defendant that failure to appear at the trial shall constitute
consent to a trial in the defendant's absence, and if the defendant is found
guilty, the defendant shall have the right to appeal within 30 days for a trial
de novo.
(iii) If
applicable, after paying any fee imposed, the defendant may be accepted into
the Municipal Court's summary case diversionary program, or any other
diversionary program offered pursuant to local rule promulgated pursuant to
Rule 105 (Local Rules). When the defendant successfully completes the Municipal
Court's summary case diversionary program, the defendant's arrest record
automatically will be expunged.
(e) When required by local rule promulgated
pursuant to Rule 105 (Local Rules), the law enforcement officer shall take the
defendant into custody and transport him or her to the appropriate district
police station, where, without unnecessary delay, the law enforcement officer
or a superior officer shall prepare and issue the citation to the defendant.
Thereafter, the law enforcement officer without unnecessary delay shall
transport the defendant to the Municipal Court for proceedings before a judge,
and the case shall proceed as provided by local rule promulgated pursuant to
Rule 105 (Local Rules).
(f) The
defendant shall not be slated, fingerprinted, or photographed, except as
provided by law.
(2)
Arrest Without a Warrant
(a) When an arrest
without a warrant in a non-traffic summary case is authorized by law, the
police officer shall take the defendant into custody and transport him or her
to the appropriate district police station, where, without unnecessary delay,
the police officer or a superior officer shall prepare and issue a citation to
the defendant.
(b) Except when the
police officer is required to proceed pursuant to paragraph (B)(1)(e), or as
otherwise provided in this rule, the case shall proceed as provided in Rule
441.
(c) If the defendant is to be
released pursuant to Rule 441(B), the defendant shall be released on his or her
own recognizance and given a notice to appear on a date and at a time certain
in a specified court room. The notice to appear shall advise the defendant that
failure to appear shall constitute consent to a trial in the defendant's
absence, and if the defendant is found guilty, the defendant shall have the
right to appeal within 30 days for a trial de novo.
(d) If the defendant is not released under
Rule 441(B), the defendant without unnecessary delay shall be brought before a
judge, who shall proceed as provided in Rule 441(C).
(C) If the defendant fails to appear pursuant to the notice to appear issued as required by paragraphs (B)(1)(a), (B)(1)(b) or (B)(2)(c), or a subpoena issued as required by paragraph (B)(1)(d)(ii), the case shall proceed as provided in paragraph (D).
(D) If the defendant fails to appear as required in (C), the trial shall be conducted in the defendant's absence, unless the judge determines that there is a likelihood that the sentence will be imprisonment or that there is other good cause not to conduct the trial in the defendant's absence. If the trial is not conducted in the defendant's absence, the judge shall issue a bench warrant for the defendant's arrest.
(1) At trial, the judge shall proceed
to determine the facts and render a verdict in the same manner as trials in
criminal cases are conducted in the Common Pleas Court when a jury trial has
been waived; however, the law enforcement officer observing the defendant's
alleged offense may, but shall not be required to, appear and testify against
the defendant. In no event shall the failure of the law enforcement officer to
appear, by itself, be a basis for dismissal of the charges against the
defendant. The allegations in the citation may be recited on behalf of the
observing law enforcement officer by his or her representative or designee. The
failure of the defendant to appear will be deemed to be a waiver of the right
to present defense witnesses.
(2)
If the defendant is found guilty, the judge shall impose sentence, and shall
give notice by first class mail to the defendant of the conviction and
sentence, of the right to file an appeal within 30 days for a trial de
novo, and of the consequences for failing to pay the costs and fines
imposed.
(3) In appeals from the
summary conviction, the law enforcement officer who observed the alleged
offense must appear and testify. The failure of a law enforcement officer to
appear and testify shall result in the dismissal of the charges unless:
(a) The defendant waives the presence of the
law enforcement officer in open court on the record;
(b) The defendant waives the presence of the
law enforcement officer by filing a written waiver signed by the defendant and
defense counsel, or the defendant if proceeding pro se, with
the clerk of courts; or
(c) The
trial judge determines that good cause exists for the law enforcement officer's
unavailability and grants a continuance.
(E) When the same conduct is proscribed under an Act of Assembly and a municipal criminal ordinance, the charge shall be brought under the Act of Assembly and not under the ordinance.
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
