Over a century ago, in 1906, James Powell, Sr. founded a law firm to serve Northeastern Pennsylvania, primarily the growing towns of Scranton and Wilkes-Barre. With offices in Scranton, Stroudsburg, Moscow, and Taylor, today, Powell Law serves more than the Scranton/Wilkes-Barre area. As part of our services, Powell Law has a long-established criminal defense practice, […]
Generally, the procedures for taking a plea must follow Rules of Criminal Procedure Rule 590. A plea shall be taken in open Court. A Defendant may plead guilty, not guilty or with the consent of the Judge, nolo contendere. If a Defendant refuses to enter a plea, the Judge may enter a plea of not […]
The most common usage of Rule 586 is when the Motion to Dismiss is filed on double jeopardy grounds stating specifically and with particularity the basis for the claim of double jeopardy and the facts that support this claim. Double jeopardy applies, for instance, when a Defendant is charged with a summary offense. He pays […]
Rules of Criminal Procedure, Rule 583 is called the Severance of Offenses or Defendants. This is usually filed when a particular Defendant does not wish to be tried with his co-defendant. Things the defense attorney should consider are: Does the co-defendant have a record which will come into evidence at trial? Are the charges against […]
The words Omnibus Pre-Trial Motion are rarely understood. What it means is “all other motions.” So, unless otherwise required, all pre-trial requests for relief shall be included in one motion. The types of relief that are appropriate for this motion are: Motion for Continuance Severance, Joinder or Consolidation. Severance means that you wish not to […]
Rule 571 of Criminal Procedure allows for a formal arraignment. This is a date set by the Court where a Defendant is called forward and told he has a right to be represented by counsel, the nature of the charges against him, the right to file a Bill of Particulars, Discovery Motions and finally any […]
There is even a rule prior to trial in the Rules of Criminal Procedure that the Defendant must give a notice of a defense of insanity or mental infirmity in conformance with Rule 568. A Defendant who intends to offer this type of defense at trial shall file with the Clerk no later than the […]
If a Defendant has an alibi for any of the charges filed after a preliminary hearing, he must utilize Rule 567 and file with the Clerk of Courts no later than the filing of the omnibus pretrial motion specifying an intention to offer an alibi defense. He has to serve a copy of the notice […]
Under Rule 570 at any time after an information has been filed, the Court may order the District Attorney and the defense attorney to appear before it for a conference in open Court to consider the procedures for pretrial discovery and inspection, the simplification of factual issues, the pre-qualification of exhibits to avoid unnecessary delay […]
“ Once a preliminary hearing has been conducted and a Magisterial Judge has ruled that the case should go on for further Court action, the next step is for the District Attorney to file an information. The information which is an initial pleading after a preliminary hearing shall be signed by the District Attorney and […]
