Arrested in Pennsylvania? Free 24/7 Criminal Help Line

Criminal Defense in Pennsylvania — what to do right now

Right now, do one thing: stop talking and say it out loud — 'I am invoking my right to remain silent and I want a lawyer.' In Pennsylvania you do not have to answer questions, explain yourself, or consent to a search of your phone, car, or home. Politely give your name and identifying information if asked, then stop. Don't post bail terms you don't understand, don't sign a statement, and don't call anyone but a lawyer from a recorded jail line. After a warrantless arrest you must be given a preliminary arraignment before a Magisterial District Judge without unnecessary delay — generally within about 72 hours if you stay in custody — and that's when bail gets set, so you want to understand your options before you walk into that room. Call 1-844-690-0555 first and find out exactly what's coming.

The law in Pennsylvania: Criminal Defense

Pennsylvania criminal cases run through a two-tier front end that surprises almost everyone. Outside Philadelphia, your case starts at a Magisterial District Court, where a Magisterial District Judge (MDJ) handles your preliminary arraignment, sets bail under Pa.R.Crim.P. 524, and later holds the preliminary hearing — the screening where the Commonwealth must show a prima facie case before you're 'held for court.' In Philadelphia that front-end role belongs to the Philadelphia Municipal Court and its arraignment court. Only after a case is bound over does it move up to the Court of Common Pleas (Criminal Division) — the trial court of general jurisdiction in each of the 67 counties — where felonies, most misdemeanor trials, pleas, and sentencing actually happen.

How much trouble you're in is driven by the grading system in 18 Pa.C.S. § 106, with maximum terms set by § 1103 (felonies) and § 1104 (misdemeanors). A summary offense tops out at 90 days; an M3 at one year; an M1 at five years; an F3 at seven; an F2 at ten; and an F1 at up to twenty years, with fines capped by § 1101. Pennsylvania uses indeterminate sentencing: the judge imposes both a minimum and a maximum, and by 42 Pa.C.S. § 9756 the maximum must be at least twice the minimum — you become parole-eligible only at the minimum. Where you land inside that range is guided by the Sentencing Guidelines, 8th Edition (204 Pa. Code Ch. 303a, for offenses on or after January 1, 2024), which cross your Offense Gravity Score against your Prior Record Score.

The clocks are short and unforgiving. You get a preliminary hearing within 14 days of the preliminary arraignment if you're in custody, 21 if you're not (Pa.R.Crim.P. 540/542). The Commonwealth must bring you to trial within 365 days of the complaint under the Rule 600 speedy-trial rule, subject to excludable delay. After sentencing you have just 30 days to file a post-sentence motion (Pa.R.Crim.P. 720) or a notice of appeal to the Superior Court of Pennsylvania, which hears nearly all criminal appeals as of right; further review by the Supreme Court of Pennsylvania is discretionary. A summary conviction before an MDJ carries only a 30-day window to appeal de novo to Common Pleas, and a Post Conviction Relief Act petition generally must be filed within one year (42 Pa.C.S. § 9545).

Pennsylvania also gives genuine off-ramps if you act early. Accelerated Rehabilitative Disposition (ARD) lets many first-time offenders avoid a conviction entirely and later expunge the record — but admission is at the District Attorney's discretion and the application window is set county-by-county, often before your preliminary hearing. Eligible non-violent defendants may earn a reduced RRRI minimum under 61 Pa.C.S. Ch. 45 (§ 4501 et seq.). And indigent defendants have a right to a county Office of the Public Defender under the Public Defender Act (16 P.S. § 9960.1 et seq.). These doors close fast, and how they're used differs sharply from county to county — which is exactly why a 10-minute call before your next court date matters.

Key Statutes

18 Pa.C.S. § 106 — classes of offenses (felony/misdemeanor/summary grading)
18 Pa.C.S. §§ 1103/1104 — maximum prison terms by degree; § 1101 — maximum fines
18 Pa.C.S. § 505 — use of force in self-protection (Castle Doctrine + limited stand-your-ground)
42 Pa.C.S. § 9756 — indeterminate sentencing; max must be at least twice the minimum
18 Pa.C.S. §§ 9122 / 9122.2 — expungement and Clean Slate automatic sealing (limited access)

Courts & Agencies

Magisterial District Court (MDJ) — preliminary arraignment, bail, preliminary hearing
Philadelphia Municipal Court — the same front-end functions inside Philadelphia
Court of Common Pleas, Criminal Division — felony/misdemeanor trials, pleas, sentencing (67 counties)
Superior Court of Pennsylvania — criminal appeals as of right
County Office of the Public Defender — counsel for indigent defendants (16 P.S. § 9960.1)

Penalties & Deadlines

~72 hours — typical outer limit to see an MDJ for preliminary arraignment after a warrantless arrest in custody
14 days (in custody) / 21 days (released) — from arraignment to the preliminary hearing
30 days — post-sentence motion and notice of appeal to the Superior Court
365 days — Rule 600 speedy-trial deadline (from the complaint) to bring you to trial
F1 up to 20 yrs / F3 up to 7 yrs / M1 up to 5 yrs / summary up to 90 days

ARD: Pennsylvania's One-Time Escape Hatch That Slams Shut on a County Clock

Here's the Pennsylvania surprise that costs first-time defendants the rest of their lives. Accelerated Rehabilitative Disposition (ARD) can wipe your case out without a conviction and let you expunge it afterward — no trial, no record. But it isn't a right. Admission is entirely at the District Attorney's discretion, and each county sets its own application deadline, often before your preliminary hearing even happens. Miss that window, plead guilty too fast, or say the wrong thing to a detective, and the door is gone — there's usually no second ARD. People walk into early hearings without realizing this is the single most valuable thing on the table. Find out if you qualify, and how long you have, before that clock runs. Call 1-844-690-0555, free, 24/7.

Likely outcomes & penalties

No one can promise an outcome, and this isn't advice on your case — but here's the realistic range of where Pennsylvania criminal matters land, so you know what you're actually facing.

ARD / diversion (first offense)

Successful Accelerated Rehabilitative Disposition ends in dismissal — no conviction — and you become eligible to expunge the record under 18 Pa.C.S. § 9122. Conditions, supervision, and costs vary by county DA.

Summary offense

Up to 90 days in jail and a fine up to $300 (e.g., disorderly conduct, low-value first-offense retail theft). A summary conviction before an MDJ can be appealed de novo to Common Pleas within 30 days.

Misdemeanor (M3–M1)

M3 up to 1 year / $2,500; M2 up to 2 years / $5,000; M1 up to 5 years / $10,000. Many resolve in probation or a county-jail minimum, but a conviction still shows on background checks.

Felony (F3–F1)

F3 up to 7 years; F2 up to 10; F1 up to 20 (some offenses carry higher statutory caps). With indeterminate sentencing, the judge sets a min and a max at least double it, and RRRI may cut the minimum for eligible non-violent defendants.

Mistakes to avoid

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Talking to police 'to clear it up' instead of invoking silence — in Pennsylvania you have no obligation to explain, and the statement is what convicts most people; stay quiet and call 1-844-690-0555 first.

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Treating the preliminary hearing as the trial and skipping it, or waiving it without understanding — this is the Commonwealth's prima facie screening before an MDJ, and how you handle it can shrink or even end the case.

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Missing the county's ARD application window — because each District Attorney sets the deadline, often before the preliminary hearing, a first-time defendant can forfeit a no-conviction outcome simply by waiting too long.

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Assuming Pennsylvania is a broad 'stand your ground' state — outside your home or vehicle there's still a duty to retreat in public unless the attacker displays or uses a firearm or other deadly weapon (18 Pa.C.S. § 505), and getting this wrong turns self-defense into a charge.

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Believing an old arrest 'automatically disappears' or pleading guilty to a summary to 'get it over with' — Clean Slate sealing has eligibility limits and waiting periods, and even minor convictions can block jobs and housing; ask before you plead.

How it works

Call 1-844-690-0555 — free, 24/7. Day or night, from the jail phone, the parking lot, or your kitchen table. No income test, no web form, no waiting room. If English isn't your first language, you can speak in your own, including Spanish.

Talk to an AI assistant trained on Pennsylvania + federal law. Explain what happened in plain words. It walks you through what your charges mean, how bail and the preliminary hearing work in your county, whether ARD might be in play, and what to do before your next court date. This is legal information, not legal advice, and the call creates no attorney-client relationship — Legal Hotline is not a law firm and not a public defender.

Get matched with a Pennsylvania Criminal Defense attorney — if you want one. If your situation needs a lawyer, we can help you book a paid consultation with a Pennsylvania-licensed criminal defense attorney, arranged through the call. No pressure and no obligation — you decide whether to take that step.

Free & low-cost Criminal Defense help in Pennsylvania

If you can't afford a private lawyer, you are not out of options. These Pennsylvania resources are real and focused on criminal defense, indigent representation, and clearing a record — use them, and call 1-844-690-0555 if you're not sure which one fits.

County Office of the Public Defender

Every Pennsylvania county must provide a Public Defender to represent defendants who can't afford counsel (16 P.S. § 9960.1). Apply early — eligibility is income-based and the office is appointed at or before your preliminary arraignment.

Defender Association of Philadelphia

Philadelphia's public defender office, providing free criminal defense to indigent adults and juveniles in the city — the one county that runs outside the standard county-PD structure.

Pennsylvania Association of Criminal Defense Lawyers (PACDL)

Statewide association of criminal defense attorneys — a referral and resource hub for finding experienced defense counsel across Pennsylvania.

PA Clean Slate / MyCleanSlatePA

Free screening and assistance for record sealing and expungement, run by Community Legal Services and partners — check whether an old arrest or conviction can be cleared automatically or by petition.

Pennsylvania Board of Pardons

The official pardon application body — for many serious convictions, a pardon followed by statutory expungement is the only path to relief.

Juvenile Law Center

Philadelphia-based national nonprofit with juvenile-defense resources — useful if a young person is charged under Pennsylvania's Juvenile Act or faces transfer to adult court.

PBA Lawyer Referral Service

The state bar's referral line at 1-800-692-7375, covering the counties without their own referral service; a participating attorney gives an initial consultation of up to 30 minutes for a $30 fee.

FAQ — Criminal Defense in Pennsylvania

I was just arrested in Pennsylvania — how long can they hold me before I see a judge?

After a warrantless arrest you must be given a preliminary arraignment before a Magisterial District Judge without unnecessary delay — generally within about 72 hours if you remain in custody — and that's when bail is set under Pa.R.Crim.P. 524. Don't answer questions or sign anything while you wait. Call 1-844-690-0555 free, any hour, and find out what to expect at that arraignment.

What's the difference between a misdemeanor and a felony here, and how much jail time am I facing?

Pennsylvania grades offenses under 18 Pa.C.S. § 106: misdemeanors run from M3 (up to 1 year) to M1 (up to 5), and felonies from F3 (up to 7 years) to F1 (up to 20). Because sentencing is indeterminate, the judge sets a minimum and a maximum at least double it. Call 1-844-690-0555 to understand the exposure on your specific charge.

What actually happens at a preliminary hearing?

It's not your trial. Before a Magisterial District Judge (or, in Philadelphia, the Municipal Court), the Commonwealth has to show a prima facie case — enough evidence to send the matter up to the Court of Common Pleas. Charges can be reduced or dismissed here, so it matters. Call 1-844-690-0555 to learn how to approach yours.

I've never been in trouble before — can I avoid a conviction?

Possibly, through ARD (Accelerated Rehabilitative Disposition), which can end in dismissal with no conviction and later expungement. But admission is up to the District Attorney and the application deadline is set by your county, often early. Call 1-844-690-0555 to find out whether you might qualify and how long you have.

Do I really need a private lawyer, or is the public defender enough?

Every Pennsylvania county must provide a Public Defender to those who qualify on income (16 P.S. § 9960.1), and many are excellent — but caseloads and resources vary by county. Whether you need private counsel depends on your charges. Call 1-844-690-0555 for free information first, and we can help you book a paid consultation if you want one.

Was I allowed to defend myself? Pennsylvania has stand-your-ground, right?

Only partly. The Castle Doctrine protects you in your home or vehicle, but in public there's still a duty to retreat under 18 Pa.C.S. § 505 unless your attacker displayed or used a firearm or other deadly weapon — narrower than Florida or Texas. Whether your case fits is fact-specific. Call 1-844-690-0555 to talk it through before anyone takes a statement.

My teenager was charged — will they be tried as an adult?

Most cases for children aged 10 up to 18 start in juvenile (delinquency) court under Pennsylvania's Juvenile Act (42 Pa.C.S. Ch. 63), but certain serious charges can be transferred to adult court — and some, like murder, start there. The stakes differ enormously between the two. Call 1-844-690-0555 for free information on how the juvenile system works in your county.

Can I get an old Pennsylvania arrest or conviction off my record?

Maybe. Pennsylvania pioneered Clean Slate automatic sealing, and Clean Slate 3.0 (effective February 2024) added some felony drug and property offenses and shortened the misdemeanor sealing wait to 7 years; some records still need an expungement petition (18 Pa.C.S. § 9122) or a pardon. Eligibility has limits. Call 1-844-690-0555 to find out what relief might apply to you.

I missed a court date or just got sentenced — is it too late to do anything?

The clocks are tight: 30 days to file a post-sentence motion or appeal to the Superior Court (Pa.R.Crim.P. 720), 30 days for a summary-conviction appeal de novo, and generally one year for a PCRA petition (42 Pa.C.S. § 9545). Acting fast is everything. Call 1-844-690-0555 right away to understand which deadline applies to you.

Is this call free, and will it cost me my case if I say the wrong thing?

The call is genuinely free, 24/7, with no income test and no form. It gives legal information, not legal advice, and creates no attorney-client relationship — Legal Hotline is not a law firm and not a public defender, so nothing you say becomes part of your case. It's the safe first move. Call 1-844-690-0555 before you talk to anyone else.

Are you a Pennsylvania criminal defense attorney? Join our network.

We send frightened, ready-to-act Pennsylvania defendants to vetted criminal defense lawyers across the Commonwealth — from Philadelphia and Pittsburgh to Allentown, Erie, Scranton, Harrisburg, and Lancaster. If you're licensed in Pennsylvania and take MDJ, Common Pleas, ARD, juvenile, or expungement matters, we'd like to route the right clients to you. This is a referral path for practitioners, separate from the free client hotline above. Reach out to ask about joining the network.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Arrested in Pennsylvania? The Next 72 Hours Decide Everything.