Philadelphia Cnty. C.P. Municipal Court-Criminal Rule 102

When a defendant comm its a non-traffic summary offense the matter shall proceed according to

Pennsylvania Rule of Criminal Procedure 1002 except that:

(A) In lieu of taking the defendant into custody the law en forcement officer may prepare, verify

and transmit a citation el ectronically. The law enforcement officer contemporaneously shall

give the defendant a paper copy of the citation containing all the information re quired by

Pennsylvania Rule of Criminal Procedure 403 and a notice to appear.

(B) When a defendant commits a non-traffic summary of fense in any district that is within the

jurisdiction of Community Court the procedure shall be as follows:

(1) during the regular operating hours of Community Court, Monday through Friday, the

defendant shall be taken to the police district or an appropriate PARS processing location

where the defendant will be issued a citation. The police shall then, without unnecessary

delay, transport the defendant to Community Court for proceedings before a Municipal

Court judge.

(2) during t he hours when Community Court is closed, the defendant shall be processed as

provided in subsection (B)(1) except that the defendant will be given a notice to appear in

Community Court for proceedings before a Municipal Court judge on the next business

day.

(3) if offered by the District Attorney, the defendant may enter a conditional guilty plea or a

nolo contendere plea and the sentence imposed shall be consistent with the terms and

conditions offered by the District Attorney and accepted by the defendant as a negotiated

plea. The judge will then impose community service and/or rehabilitation conditions to

be completed by the time of the defendant’s next scheduled appearance. The defendant

shall be given notice to return to Community Court for the status of the completion of the

conditions. If at the status listing the defendant has successfully completed the conditions

imposed, prosecution shall be withdrawn. If the conditions have not been completed, it is

within the judge’s discretion to allow the defendant additional time to comply. If the

judge allows additional time and the defendant again fails to successfully complete the

conditions, the judge shall enter a guilty verdict and impose sentence.

(4) the defendant may enter a not guilty plea and receive a trial date in Community Court.

Editor’s note: Adopted by the Board of Judges on November 18, 2005; effective February 1, 2006.