Current through Register Vol. 54, No. 44, November 2, 2024
(A) When a defendant appeals after the entry
of a guilty plea or a conviction in any Traffic Division summary proceeding,
upon the filing of the transcript and other papers by the Traffic Division, the
Court of Common Pleas may schedule a status or settlement conference prior to
the de novo summary trial.
(1) In the event the attorney for the
Commonwealth or a designee and the defendant reach a negotiated plea, the plea
may be entered before a Trial Commissioner and, upon approval by a judge of the
Court of Common Pleas, the negotiated sentence will be recorded.
(2) In the event a negotiated plea is not
approved by the court, the case shall be heard de novo by a
judge of the Court of Common Pleas sitting without a jury.
(B) The attorney for the Commonwealth may
appear and assume charge of the prosecution. When no attorney appears on behalf
of the Commonwealth, the affiant may be permitted to ask questions of any
witness who testifies.
(C) In
appeals from Traffic Division summary proceedings, 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:
(1) The defendant waives the
presence of the law enforcement officer in open court on the record;
(2) 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
(3) The
trial judge determines that good cause exists for the law enforcement officer's
unavailability and grants a continuance.
(D) If the defendant fails to appear for the
trial de novo,
(1) when the
appeal is from a mandatory sentence of imprisonment, the Court of Common Pleas
judge shall dismiss the appeal, enter judgment in the Court of Common Pleas on
the judgment of the Traffic Division judge, and issue a bench warrant and a
commitment for the defendant. Execution of the sentence shall commence
immediately upon defendant's arrest; and
(2) in all other cases, the Common Pleas
Court judge shall dismiss the appeal and enter the judgment in the Court of
Common Pleas on the judgment of the Traffic Division judge or hearing
officer.
(E) If the
defendant withdraws the appeal, the Court of Common Pleas judge shall enter the
judgment in the Court of Common Pleas on the judgment of the Traffic Division
judge or hearing officer.
(F) At
the time of sentencing, the Court of Common Pleas judge shall:
(1) if the defendant's sentence includes a
fine or costs and the defendant has the financial means to pay the amount in a
single remittance, the judge shall instruct the defendant to make the payment
at the Philadelphia Municipal Court Traffic Division. If the defendant is
without the financial means to pay the amount in a single remittance, the judge
shall instruct the defendant to contact the Traffic Division to establish an
installment payment plan;
(2)
advise the defendant of the right to appeal to the Superior Court within 30
days of the imposition of sentence, and that, if an appeal is filed, the
execution of sentence will be stayed and the judge may set bail;
(3) if a sentence of imprisonment has been
imposed, direct the defendant to appear for the execution of sentence on a date
certain unless the defendant files a notice of appeal within the 30-day period;
and
(4) issue a written order
imposing sentence, signed by the judge. The order shall include the information
specified in paragraphs (F)(1)-(3), and a copy of the order shall be given to
the defendant and to the Traffic Division.
(G) After sentence is imposed by the Court of
Common Pleas judge, and either after the expiration of the time to file an
appeal to the appellate courts, or, if a sentence of imprisonment has been
imposed, after the execution of the sentence of imprisonment, the case shall be
returned to the Traffic Division for the collection of any outstanding fine and
costs and for all other appropriate action.
