Venango Cnty. C.P. Local Criminal Rules Promulgation 2

resources or who are otherwise unable to employ counsel when there

is a likelihood that imprisonment may be imposed in the future for a

violation of a condition of the sentence or non-compliance with the

sentence imposed.

(B) The Magisterial District Judge shall provide notice to all defendants of their

right to counsel on all summary cases as required under subsection (A)(1)

and (A)(2) of this Rule and shall include reference to the Public Defender’s

Office and all necessary information on how to contact them.

(C) This Rule is not to be construed as requiring appointment of counsel when a

defendant desires to waive his right to counsel pursuant to Pa.R.Crim.P.

121.

Comment: No defendant may be sentenced to imprisonment or probation if

the right to counsel was not afforded at trial. Alabama v. Shelton, 535 U.S.

654 (2002).

V.C.R.Crim.P. 131. Locations of Proceedings Before an Issuing Authority

(A) In addition to the issuing authority’s office, preliminary arraignments may

be held at the Venango County Courthouse, any Pennsylvania State Police

barracks, any municipal police department, the Venango County Prison, and

any other location approved by the President Judge.

(B) Preliminary arraignments may be conducted using advanced communication

technology pursuant to Pa.R.Crim.P. 540. Approved advanced

communications technology sites shall include each Magisterial District

Judge’s office and home, PSP barracks, all municipal police departments,

the Venango County Prison, the Venango County Courthouse, and all

approved sites in other counties throughout the Commonwealth.

(C) Preliminary Hearings are to be conducted at the Venango County

Courthouse, hereinafter Central Court. Each of the District Court Judges

shall preside over cases at Central Court pursuant to a rotating schedule to

be distributed prior to the beginning of each calendar year. Preliminary

Hearings shall be scheduled for Wednesdays at 8:30 am and 1:30 pm,

pursuant to a schedule of police departments as established by the Central

Court Administrator. Central Court shall be conducted according to the

procedures set forth at V.C.R.Crim.P. 131.1.

V.C.R.Crim.P. 131.1. General Procedures Governing Central Court

(A) The Sheriff’s Deputy assigned to each courtroom shall call the courtroom to

order when necessary to maintain proper courtroom decorum. When a

Sheriff’s Deputy is not available, a member of the Central Court staff shall

call court to order at 8:30 a.m., for cases scheduled to commence at that

time, and at 1:30 p.m. for cases scheduled to commence at that time, for

roll call and at such other times as may be necessary to maintain order.

The Sheriff’s Deputy assigned to Central Court shall not be responsible for

guarding prisoners unless assigned that duty by the Sheriff of Venango

County or his designee.

(B) All defendants shall be present for roll call at 8:30 a.m. and 1:30 p.m. as

scheduled, including defendants who are in pre-trial confinement except by

prior arrangement with the court.

All defendants who are in pre-trial confinement shall be secured in the

designated area by the arresting officer or an officer from the arresting

officer’s department.

(C) During roll call, all persons shall be quiet and shall remain seated until

asked to respond by the presiding Magisterial District Judge. When a

defendant’s name is called, the defendant shall stand and state the name of

his/her attorney and whether they have decided to waive the preliminary

hearing, enter a guilty plea or proceed to a preliminary hearing.

(D) Attorneys representing defendants shall be present at roll call at 8:30 a.m.

or 1:30 p.m. respectively.

(E) All persons present in the Central Courtroom shall act in a proper manner,

which includes prohibition of the following: loud conversations, food or

beverages, use of tobacco products or smoking, chewing gum, wearing

hats, use of video games, cell phones or pagers with activated sound

signals, or other disruptive behavior. Parties in violation of this rule shall be

asked to leave the courtroom.

(F) The Magisterial District Judge presiding over preliminary hearings shall

begin calling cases for hearings at 9:00 a.m. for those cases scheduled for

8:30 a.m., and 2:00 p.m. for those cases scheduled for 1:30 p.m. Cases

shall be called in the order of seniority of membership in the bar of the

defendant’s attorney, subject to modification at the discretion of the

presiding Magisterial District Judge for cause shown. Preference should be

given to private counsel in expediting calling cases.

(G) Defendants who are not present by 8:30 a.m. or 1:30 p.m. as scheduled

shall have their case proceed per Pa.R.Crim.P. Rule 543.

(H) Witnesses who have been subpoenaed and do not appear for a preliminary

hearing may upon request of the attorney for the Commonwealth, have

contempt proceedings commence against them if service of the subpoena

can be substantiated.

Notice of the contempt of court proceedings against them may be via first

class mail or certified mail. It shall be noted on the docket that the witness

failed to appear and a contempt of court proceeding may be scheduled for

the next Central Court date of the Presiding Magisterial District Judge.

The proceeding may be initiated by a warrant issued to either a constable or

police officer, with the contempt of court hearing to commence immediately

upon arrest of the individual. If upon arrest of the individual the issuing

authority is unavailable, the individual shall be released and notified of the

contempt of court proceeding by mail as previously described.

(I) Defendants who have not notified Central Court at or prior to roll call of

their decision in regard to having a preliminary hearing, waiving the

preliminary hearing or pleading guilty by 9:00 a.m. or 2:00 p.m. shall be

treated as if they desire a preliminary hearing.

(J) Motions for continuances shall be submitted in writing to the Central Court

Administrator on forms approved and provided by Central Court. No

defendants or witnesses shall be excused until the Motion has been

reviewed and approved in writing by the presiding Magisterial District Judge.

If the motion is denied and the defendant is not present, it shall result in

the case proceeding under Pa.R.Crim.P. Rule 543. If the motion is denied

and a witness is not present, the case will move forward without the

witness.

(K) All continuance notices shall be mailed to the last known address of all

parties involved in a particular case and in compliance with Pa.R.Crim.P.

Rule 542.

(L) If a member of the District Attorney’s office or a defense attorney asks for a

sentencing hearing on a particular guilty plea case, the sentencing hearing

shall be conducted in open court at a time set by the presiding Magisterial

District Judge.

(M) Defendants who are in pre-trial confinement shall not have contact with

anyone except the arresting police officer, their attorney and the attorney

for the Commonwealth.

(N) All persons entering the courtroom shall be subject to a reasonable search

for weapons and contraband.

(O) In the event that all charges are withdrawn, except for summary offenses,

the police officer shall file the summary citation(s) with the appropriate

Magisterial District Court. If the other charges are withdrawn as part of a

plea agreement, the defendant shall sign the guilty plea portion of the

citation and a copy of the plea agreement shall be attached to the citation

when it is filed.

(P) All matters not addressed by the Central Court Rules shall be governed by

Rules promulgated by either the Supreme Court of Pennsylvania or the

President Judge of the Court of Common Pleas of Venango County.

V.C.R.Crim.P. 211. SEALING SEARCH WARRANT AFFIDAVITS

(A) When a Judge of the Court of Common Pleas of Venango County issues a

Search Warrant and seals the Affidavit, the Judge shall attach a copy of the

Order to the outside of the sealed envelope. Said order shall state the

length of time the Affidavit shall remain sealed.

(B) The Judge shall cause the sealed Search Warrant Affidavit to be filed with

the Clerk of Courts in the Judicial District.

(C) The Clerk of Courts shall establish a system for filing and monitoring said

Affidavits.

(D) Forty-eight (48) hours before the recited expiration date, the Clerk of

Courts shall forward the sealed documents to the issuing Judge who will

then review the matter and, if appropriate, open the file and provide for

filing the matter publicly as part of the criminal proceeding, if one has been

initiated, or as a distinct proceeding. The Judge shall give notice to the

District Attorney twenty-four (24) hours prior of his or her intent to unseal

the affidavit.

V.C.R.Crim.P. 507. APPROVAL OF POLICE COMPLAINTS AND ARREST WARRANT AFFIDAVITS

BY ATTORNEY FOR THE COMMONWEALTH

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

Pennsylvania Rule of Criminal Procedure 507, criminal complaints and arrest warrant

affidavits by police officers, as defined in the Rule of Criminal Procedure, charging

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. The approval of the attorney for the Commonwealth may be oral.

Whenever feasible, such oral approval should be communicated directly to the

judicial officer who should make proper notations in the record thereof.

 Criminal Homicide 18 § 2501

 Murder 18 § 2502

 Voluntary Manslaughter 18 § 2503

 Involuntary Manslaughter 18 § 2504

 Causing or Aiding Suicide 18 § 2505

 Drug Delivery Resulting in Death 18 § 2506

 Rape 18 § 3121

 Involuntary Deviate Sexual Intercourse 18 § 3123

 Aggravated Indecent Assault of a Child 18 § 3125(b)

 Indecent Assault of a Child 18 § 3126(7)

 Arson 18 § 3301

 Causing or risking catastrophe 18 § 3302

 Perjury 18 § 4902

 Homicide by Vehicle 75 § 3732

 Homicide by Vehicle While Driving Under the Influence 75 § 3735

 Criminal Attempt, Solicitation or Conspiracy to Commit

any of the above listed offenses 18 § 901, 902, 903

 Any criminal complaint and arrest warrant affidavit that charges a minor to be

prosecuted as an adult.

V.C.R.Crim.P. 528. Monetary Condition of Release on Bail-Realty as Security

(A) When realty is offered to satisfy a monetary condition of bail as permitted

by Pa.R.Crim.P. 528(D)(3), in full or in combination with other forms of

security, a completed affidavit of surety and surety information page

(including a warrant of attorney for confession of judgment) must be

submitted to the Clerk of Courts. The affidavit and the surety information

page shall be in such form as the Clerk of Courts may prescribe from time

to time.

(B) The affidavit of surety and the surety information page shall be signed by

the defendant and by any and all other owners of the realty being offered as

security.

(C) Attached to each affidavit of surety submitted pursuant to paragraph (A),

above, shall be the following:

(1) a photocopy of the deed, decree of distribution or other instrument of

record, bearing all pertinent recording data, by which title was

acquired, and;

(2) a written certification by a lawyer licensed to practice law in the

Commonwealth of Pennsylvania certifying the names of the current

owners of record of the realty, certifying that good and marketable

title is vested in them, and further certifying the nature, holder and

unpaid balance of each lien that then encumbers the realty, including,

but not limited to, mortgage, judgment and tax liens. A title insurance

policy with Venango County appearing as the named insured may be

substituted for the lawyer's written certification, and;