Lehigh Cnty. C.P. Criminal Court Local Rules (introduction)

THIS PDF ONLY PERTAINS TO CRIMINAL RULES FOR ALL OTHER COURT RULES SEE https://www.lccpa.org/rules.nex

LEHIGH COUNTY CRIMINAL RULES

Leh.R.Cr.P. 101.1. CONSTRUCTION OF RULES; CONSISTENCY WITH

STATEWIDE RULES.

(a) All rules of construction adopted by the Supreme Court of Pennsylvania

shall apply to local rules adopted by the Court of Common Pleas of Lehigh County that govern the

practice and procedure in criminal matters.

(b) Any requirement imposed by these rules is in addition to, and not in lieu of,

the requirements under the Pennsylvania Rules of Criminal Procedure.

(c) No pleading or other legal paper shall be refused for filing by the clerk of

courts based upon a failure to comply with a requirement imposed by these rules. No case shall be

dismissed nor request for relief granted or denied because of a failure to comply with such a

requirement. If a party fails to comply with such a requirement, the court shall notify the party of

the failure and provide a reasonable time for the party to comply with the requirement.

Leh.R.Cr.P. 102. CITATION OF RULES.

All criminal rules of procedure adopted by the Court of Common Pleas of Lehigh

County shall be cited as Lehigh Rules of Criminal Procedure ("Leh.R.Cr.P."). Rule 1901 shall be

cited as Lehigh Rule of Judicial Administration (“Leh.Cr.R.J.A. 1901").

Note: The language of this Rule was derived from Leh.R.C.P. 51.

Leh.R.Cr.P. 103. DEFINITIONS.

Unless the context clearly indicates otherwise, the words and phrases used in any

criminal rule adopted by the Court of Common Pleas of Lehigh County shall be given the same

meaning as is given those words and phrases in the Pennsylvania Rules of Criminal Procedure with

the following exceptions and additions: (1) "Court", means the Court of Common Pleas of Lehigh

County; (2) "Rule", means any rule of criminal court adopted by the Court of Common Pleas of

Lehigh County; (3) "Clerk of Courts–Criminal" means the Clerk of Courts–Criminal of the Court

of Common Pleas of Lehigh County; and (4) "except as otherwise provided", means except as

provided by statute, by the Pennsylvania Rules of Criminal Procedure, or by specific local criminal

court rule.

Note: The language of this Rule was derived from Leh.R.C.P. 76.

Leh.R.Cr.P. 103.1. DEFINITIONS.

(a) Definitions contained in Pa.R.Crim.P. 103 shall apply to all local rules

heretofore and hereafter adopted which govern practice and procedure in criminal matters.

(b) The following words and phrases, when used in any Lehigh County Rule of

Criminal Procedure, shall have the following meanings:

Bail Bondsman is as defined at 42 Pa.C.S.A. § 5741.

Bail Enforcement Agent is an individual who performs services or takes action for

the purpose of enforcing the terms and conditions of a defendant's release from custody on bail,

including locating, apprehending and surrendering a defendant released from custody on bail

who has failed to appear at a specified time and place pursuant to Order of Court. The term does

not include police officers, sheriffs, court officers or law enforcement personnel who execute

warrants of arrest for bail forfeitures pursuant to their official duties.

Clerk is the Lehigh County Clerk of Judicial Records, Criminal Division.

Department is as defined at 42 Pa.C.S.A. § 5741.

Insurer is as defined at 42 Pa.C.S.A. § 5741.

Surety is as defined at 42 Pa.C.S.A. § 5741.

Department of Law is the Lehigh County Department of Law.

Pretrial Services is Lehigh Valley Pretrial Services, Inc.

President Judge is the President Judge of the Court of Common Pleas of Lehigh

County.

Leh.R.Cr.P. 105. EFFECTIVE DATES OF RULES.

(a) A Rule or amendment to a Rule shall become effective upon the date

specified by the court in adopting or amending such rule, but in no case until after the requirements

of Pa.R.Crim.P. 105(C) and (D) are met.

(b) If no effective date is specified, the Rule or amendment to the Rule shall

become effective on the first day of January or July, whichever is earlier, following the thirtieth

day after its adoption, filing and publication in the Pennsylvania Bulletin (Pa.B.).

Note: The language of this Rule was derived from Leh.R.C.P.52.

Leh.R.Cr.P. 114. SERVICE OF ORDERS AND COURT NOTICES

(a) Except as otherwise provided in Paragraph (B) of this local rule, the Clerk

of Courts-Criminal shall serve copies of all orders and court notices filed with the Clerk.

(b) Copies of orders and court notices generated by the Court Administrator

shall be served by the Court Administrator, who shall indicate on the original transmitted to the

Clerk for filing, each attorney or party served, including their names, as well as addresses, dates,

and methods of service.

Leh.R.Cr.P. 117. COVERAGE: ISSUING WARRANTS; PRELIMINARY

ARRAIGNMENTS AND SUMMARY TRIALS; AND

SETTING AND ACCEPTING BAIL.

1. Magisterial District Judge Offices shall be open for regular business on

Mondays through Fridays, excluding holidays, during such hours as established by Order of the

President Judge, and as may be modified with the approval of the President Judge to meet the

needs of the public and the court.

2. Continuous coverage for the issuance of warrants, the holding of

preliminary arraignments and summary trials, and the setting and accepting of bail and collateral

shall be by the traditional on-call system as presently established. The President Judge shall

establish the schedule of assignment of Magisterial District Judges to on-call duty.

3. An on-call Magisterial District Judge, while on-call, and the Clerk of

Courts– Criminal, on any day and at any time, are authorized to accept bail in accordance with

the provisions, and subject to the limitations, of the Pennsylvania Rules of Criminal Procedure.

Leh.R.Cr.P. 202. APPROVAL OF SEARCH WARRANT

APPLICATIONS BY ATTORNEY FOR THE

COMMONWEALTH.

The District Attorney of Lehigh County having filed a certification pursuant to

Pa.R.Crim.P. 202, search warrants, in all circumstances, shall not be issued by any judicial officer

unless the search warrant application has the approval of an attorney for the Commonwealth prior

to filing.

Note: This Rule, previously and most recently numbered 2002A, and prior to that

707, has been in effect since July 1, 1982, and has required approval of all search warrant

applications since that date by the attorney for the Commonwealth prior to filing with an issuing

authority. The original Rule 707 was published at 12 Pa.B. 2278 (July 17, 1982).

Leh.R.Cr.P. 300. ACCELERATED REHABILITATIVE DISPOSITION

IN SUMMARY CASES.

The District Attorney of Lehigh County has filed a certification pursuant to

Pa.R.Crim.P. 300, and has elected that no summary offenses or offenders, including those which

are statutorily excluded, are eligible for summary case A.R.D. before the minor judi ciary except

for Underage Drinking offenses under 18 Pa.C.S. §§6307, 6308 and 6310.3.

Note: This Rule was originally adopted August 23, 1994; and “corrected” August

30, 1994, with an accompanying Administrative Order filed to No. 338 - M-1994. The Rule

conforms to the last election made by the District Attorney and prohibits a District Justice from

granting ARD except in cases charging violations of 18 Pa.C.S. §§6307, 6308 and 6310.3. The

Administrative Order of August 30, 1994, was published at 24 Pa.B. 4672 (September 1, 1994),

Leh.R.Cr.P. 320. EXPUNGEMENT UPON SUCCESSFUL

COMPLETION OF ARD

1. The following procedure is to be effective for both DUI and Non-DUI

criminal cases;

2. Criminal defendants accepted into the ARD Program will be charged

appropriate fees to cover expungement which shall take place upon successful completion of the

Program;

3. Expungement fees collected are in addition to any and all other applicable

costs, fees and restitution assessed as part of the ARD Program;

4. At the expiration of the designated supervision period, the Adult Probation

department will determine all those defendants who have successfully completed the ARD Program

and whose cases shall be closed for supervision;

5. Successful completion includes full payment of all costs and

restitution;

6. All ARD case closures will be reported to the Clerk of Judicial Records

- Criminal Division who will forward a list of the successful completions to the Office of the

District Attorney;

7. The District Attorney shall review the list of successful completions and

may object to the expungement of the records of any particular defendant;

8. Such objection must be filed in a petition with proper service to all parties

and a hearing shall be scheduled before the Court;

9. Once reviewed and approved by the District Attorney, the Clerk of

Judicial Records - Criminal Division shall prepare Orders of Dismissal and Expungement to be

signed by the Court;

10. Records will not be expunged for those defendants whose cases have been

closed for supervision but who have not successfully completed all conditions;

11. Expungement fees collected from those defendants who do not

successfully complete the ARD Program and, therefore, are not entitled to expungement will be

refunded; Upon satisfactory completion of all outstanding conditions subsequent to case closure,

a defendant may petition the Court for dismissal of charges and expungement upon payment of

the appropriate filing fee; pro se petitions may be obtained online at lccpa.org or in the office of

the Court Administrator and the Clerk of Judicial Records - Criminal Division;

12. Expungement after successful completion of ARD is expressly

prohibited for certain offenses specifically delineated in 18 Pa.C.S.A. §9122(b.1) and will not

be granted.

Note: This Rule was adopted by an Administrative Order dated May 22, 2012

and published in the Pennsylvania Bulletin, and became effective 30 days from the date of

publication.

Leh.R.Cr.P. 506. PRIVATE CRIMINAL COMPLAINTS.

(a) If the attorney for the Commonwealth disapproves a private criminal

complaint, the affiant may file a Petition with the Clerk of Courts –Criminal captioned with the

name of the affiant, and not the name of the alleged Defendant, for review by the Court..

(b) Such filing shall consist solely of the Petition, a copy of the disapproved

criminal complaint and the affidavit(s) of probable cause previously submitted to the attorney for

the Commonwealth, together with a copy of the attorney for the Commonwealth’s sta tement of

reasons for disapproval if such statement is not contained on the face of the complaint.

(c) Upon the receipt of such filing, the Clerk of Courts–Criminal shall forthwith

notify the attorney for the Commonwealth in writing of the filing and that he has ten (10) days

from the date of said notification within which to present to the Judge assigned t o review the

Petition, for the latter’s confidential review, any investigative reports which the attorney for the

Commonwealth may deem relevant to approval or disapproval of the complaint. The Court shall

thereafter review the filing and any material submitted by the attorney for the Commonwealth and

enter an order approving or disapproving the private criminal complaint.

(d) If the private criminal complaint is approved, the Clerk of Courts–Criminal

shall give written notice to the attorney for the Commonwealth and the affiant of the decision and

transmit the complaint to the appropriate issuing authority. If the private crimi nal complaint is

disapproved written notice thereof shall be given as aforesaid and the complaint shall be returned

to the affiant.

Comment: This Rule is intended to supplement Pa.R.Crim P. 506(B)(2) by

providing a procedure for filing and review of disapproved private criminal complaints. The

affiant or the affiant’s attorney must file a Petition with the Clerk of Courts –Criminal

accompanied by the complaint and affidavits previously acted upon by the attorney for the

Commonwealth, as well as a copy of the reasons for disapproval if those reasons are contained

on a document other than the complaint itself. The Caption of the Case shall read: “In re: Private

Criminal Complaint filed by (Affiant’s Name).” The name of the alleged Defendant shall not

appear in that caption. The Clerk of Courts –Criminal shall advise the attorney for the

Commonwealth of the filing of these documents with the Court. Reference on that notice should

be made to the attorney for th e Commonwealth’s case number (such as “D.A. 04-101") which

appears on the complaint form in the incident number block. The attorney for the

Commonwealth is allowed ten (10) days after receipt of this notice to file a copy of any

investigative material gene rated by or for the Office of the Attorney for the Commonwealth, if

desired. The Rule contemplates that this investigative material remain confidential, and that the

attorney for the Commonwealth will notify the Court if nothing is to be filed by his office. “...

the trial court may review all evidence that the district attorney considered in making her

decision and is not limited to reviewing the four corners of the p rivate criminal complaint.” In

re: Private Complaint of Adams, 764 A.2d 577, 578 (Pa. Super. 2000). No hearing is provided

for by this Rule, nor is one legally required. Piscanio Appeal, 344 A.2d 658, 661, n.5 (Pa.

Super.1975).

The standard for review is not the existence of probable cause, but rather whether

there has been a gross abuse of discretion. Commonwealth v. Eisemann, 419 A.2d 591, 593 (Pa.

Super. 1980). “[A] trial court should not interfere with a prosecutor’s policy-based decision to

disapprove a private complaint absent a showing of bad faith, fraud, or unconstitutionality.”

Commonwealth v. Brown, 708 A.2d 81, 84 (Pa. 1998).

“Where the district attorney's denial is based on a legal evaluation of the evidence,

the trial court undertakes a de novo review of the matter. Commonwealth v. Cooper, 710 A.2d

76 (Pa.Super.1998). Where the district attorney's disapproval is based on policy considerations,

the trial court accords deference to the decision and will not interfere with it in the absence of

bad faith, fraud or unconstitutionality. Id. at 79. In the event the district attorney offers a hybrid

of legal and policy reasons for d isapproval, deference to the district attorney's decision, rather

than de novo review, is the appropriate standard to be employed.” In re: Private Complaint of

Adams, 764 A.2d 577, 579 (Pa. Super. 2000)

Note: This Rule in its basic form was adopted in 1981 and published in 11 Pa.B.

1316 (April 18, 1981). The Comment has been expanded based upon more recent case law.

Leh.R.Cr.P. 507. APPROVAL OF POLICE COMPLAINTS AND

ARREST WARRANT AFFIDAVITS BY ATTORNEY

FOR THE COMMONWEALTH.

The District Attorney of Lehigh County having filed a certification pursuant to

Pa.R.Crim.P. 507:

1. Enumerated Offenses.

Criminal complaints and arrest warrant affidavits by police officers, as defined in

the Rules of Criminal Procedure, charging one or more of the following offenses shall not hereafter

be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney

for the Commonwealth prior to filing:

a. Criminal Homicide -18 Pa.C.S. §2501

Murder of any degree – 18 Pa.C.S. §2502

Voluntary Manslaughter – 18 Pa.C.S. §2503

Involuntary Manslaughter – 18 Pa.C.S. §2504

Drug Delivery Resulting in Death -18 Pa.C.S. §2506

Criminal Homicide of Law Enforcement Officer – 18 Pa.C.S. §2507

Criminal Homicide of Unborn Child - 18 Pa.C.S §2604

Voluntary Manslaughter of Unborn Child - 18 Pa.C.S. §2605

b. Aggravated Assault - 18 Pa.C.S. §2702

Assault by Prisoner - 18 Pa.C.S. §2703

Assault by Life Prisoner - 18 Pa.C.S. §2704

Recklessly Endangering Another Person - 18 Pa.C.S. §2705

Discharge of a Firearm into an Occupied Structure - 18 Pa.C.S. §2707.1

Stalking – 18 Pa.C.S. §2709.1

Ethnic Intimidation - 18 Pa.C.S. §2710

Neglect of Care-Dependent Person - 18 Pa.C.S. §2713

Abuse of Care-Dependent Person – 18 Pa.C.S. §2713.1

Weapons of Mass Destruction – 18 Pa.C.S. §2716

Strangulation – 18 Pa.C.S. §2718

c. Aggravated Hazing – 18 Pa.C.S. §2803

d. Kidnapping - 18 Pa.C.S. §2901

e. Trafficking in Individuals – 18 Pa.C.S. §3011

f. Rape 18 Pa.C.S. - §3121

Statutory Sexual Assault – 18 Pa.C.S. §3122

Involuntary Deviate Sexual Intercourse – 18 Pa.C.S. §3123

Sexual Assault - 18 Pa.C.S. §3124.1

Institutional Sexual Assault - 18 Pa.C.S. §3124.2

Sexual Assault by Sports Official, Volunteer or Employee of Non-Profit

Association – 18 Pa.C.S. §3124.3

Aggravated Indecent Assault - 18 Pa.C.S. §3125

g. Arson - 18 Pa.C.S. §3301

Causing or Risking a Catastrophe - 18 Pa.C.S. §3302

h. Burglary - 18 Pa.C.S. §3502

i. Robbery - 18 Pa.C.S. §3701

Robbery of Motor Vehicle 18 Pa.C.S. §3702

j. Theft and Receiving Stolen Property (firearms) - 18 Pa.C.S. §3903(a)(2)

and (a.1)

k. Endangering Welfare of Children – 18 Pa.C.S. §4304

l. Bribery in Official and Political Matters - 18 Pa.C.S. §4701

Threats and Other Improper Influences in Official and Political Matters -

18 Pa.C.S. §4702

m. Perjury - 18 Pa.C.S. §4902

n. Hindering Apprehension or Prosecution – 18 Pa.C.S. §5105

o. Abuse of Corpse – 18 Pa.C.S. §5510

Aggravated Cruelty to Animal – 18 Pa.C.S. §5534

p. Interception, Disclosure or Use of Wire, Electronic or Oral

Communications - 18 Pa.C.S. §5703

q. Person Not to Possess Firearm - 18 Pa.C.S. §6105

Firearms Not to be Carried Without a License - 18 Pa.C.S. §6106

Possession of Firearm by a Minor - 18 Pa.C.S. §6110.1

Possession of Firearm with Altered Manufacturer’s Number – 18 Pa.C.S.

§6110.2

Possession of Firearm with Altered Serial Number - 18 Pa.C.S. §6110.2

Certain Bullets Prohibited - 18 Pa.C.S. §6121

r. Corruption of Minors – 18 Pa.C.S. §6301

Sexual abuse of children - 18 Pa.C.S. §6312

Unlawful Contact with Minor – 18 Pa.C.S. §6318

Sexual Exploitation of Children – 18 Pa.C.S. §6320

Transmission of Sexually Explicit Images by Minor – 18 Pa.C.S. §6321

s. Election code violations 25 Pa.C.S. (all offenses)

t. Controlled substance, drug device and cosmetic act 35 P. S. §780-113 (all

felonies)

u. Homicide by vehicle - 75 Pa.C.S. §3732

Aggravated Assault by Vehicle – 75 Pa.C.S. §3732.1

Homicide by vehicle while driving under influence - 75 Pa.C.S §3735

Aggravated Assault by Vehicle while driving under the influence – 75

Pa.C.S. §3735.1

Accidents involving death or serious bodily injury - 75 Pa.C.S.

§3742(b)(2) and (3)

v. Criminal attempt to commit any of the above offenses - 18 Pa.C.S. §901

Criminal solicitation to commit any of the above offenses - 18 Pa.C.S.

§902

Criminal conspiracy to commit any of the above offenses - 18 Pa.C.S.

§903

w. Any offense which is not a “delinquent act” as defined in Section

6302(2)(i), (ii) and (iii) of the Juvenile Act, 42 Pa.C.S. §6302(2) (i), (ii)

and (iii)1.

1 The term [“delinquent act”] shall not include:(i) The crime of murder.(ii) Any of the following prohibited

conduct where the child was 15 years of age or older at the time of the alleged conduct, and a deadly weapon

as defined in 18 Pa.C.S. §2301 (relatin g to definitions) was used during the commission of the offense,

which, if committed by an adult, would be classified as: (A) Rape as defined in 18 Pa.C.S. §3121 (relating

to rape). (B) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. §3123 (relating to involuntary

deviate sexual intercourse.(C) Aggravated assault as defined in 18. Pa.C.S. §2702(a)(1) or (2) (r elating to

aggravated assault).(D) Robbery as defined in 18. Pa.C.S. §3701(a)(1)(I), (ii) or (iii) (relating to robbery).

(E) Robbery of motor vehicle as defined in 18. Pa.C.S. §3702 (relating to robbery of motor vehicle). (F)

Aggravated indecent assault a s defined in 18. Pa.C.S. §3125 (relating to aggravated indecent assault).(G)

Kidnapping as defined in 18. Pa.C.S. §2901 (relating to kidnapping). (H) Involuntary manslaughter. (I) An

attempt, conspiracy or solicitation to commit murder or any of these crim es, as provided in 18. Pa.C.S.

§§901 (relating to criminal attempt), 902 (relating to criminal Rev. 7/2018 solicitation) and 903 (relating to

criminal conspiracy). (iii) Any of the following prohibited conduct where the child was 15 years of age or

older a t the time of the alleged conduct, and has been previously adjudicated delinquent of any of the

following prohibited conduct, which, if committed by an adult, would be classified as:(A) Rape as defined

in 18 Pa.C.S. §3121. (B) Involuntary deviate sexual intercourse as defined in 18. Pa.C.S. §3123. (C) Robbery

2. Re-Arrests and Refilling’s

Police criminal complaints or arrest warrant affidavits shall not hereafter be

accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney

for the Commonwealth prior to filing where the complaint or arrest warrant ar e for the rearrest of

a defendant previously discharged, or to reinstitute a charge or charges previously dismissed by an

issuing authority for failure to prove a prima facie case, provided the current and the former cases

arise out of the same criminal episode.

3. Arrest Warrant Affidavits Requiring Sealing.

Arrest warrant affidavits shall not hereafter be accepted by any judicial officer

unless the arrest warrant affidavit has the approval of an attorney for the Commonwealth prior to

filing in any case where the affidavit contains information, the disclosure of which, in the opinion

of the police, would endanger the safety of an informant, jeopardize the integrity of an ongoing

criminal investigation, or which for any other reason should not be disclosed at or about the time

of the execution of the warrants. T he judicial officer shall ask the police, prior to accepting an

affidavit, whether it contains any such information, and if the police indicate it does, the judicial

officer shall require that it be submitted to an attorney for the Commonwealth for approva l in

accordance with this Rule. If the police indicate it does not, the judicial officer shall accept the

affidavit.

Leh.R.Cr.P. 528. PERCENTAGE CASH BAIL SYSTEM.