Pennsylvania Supreme Court - Getting Cases There

To get a criminal case to the Pennsylvania Supreme Court is tough.  You may recall my general overview of the PA Supreme Court in a prior blog.  I am facing some potential cases that may eventually get there.  It all depends on the intermediate level courts.  As an aside, did you know that the PA Supreme Court is the nation's oldest appellate court?  

In speaking with criminal lawyers in Bucks County, it appears that there are a few general reasons why cases get to the Supreme Court of Pennsylvania.  Here they are:  

The Supreme Court is selective and the odds of getting a case up for their review as a Petitioner are tough.  First, there is just significant volume to choose from.  Second, the petition may generally be seeking a chance to "correct" a decision below, but the Supreme Court is generally looking for issues to speak about.  The reasons for seeking Supreme Court review must be special and important.  Is this about picayune details of your case or is there generally a potentially new area of the law that needs to be settled?  

The Supreme Court is not looking to review credibility or upset long settle principles (unless those principles may be antiquated or now unjust).  The Court is not looking towards mere error or fact intensive exceptions?  Instead, they want to settle bigger disputes that have been percolating up through the lower courts for a long time.    


The Preliminary Hearing in Bucks County - Part 1

We've discussed the process in a Bucks County criminal charge, but it pays to discuss the Preliminary Hearing a bit more.  

The Preliminary Hearing is conducted by a District Judge.  These judges are elected locally and do not have to be lawyers.  They are, in general, very smart.  You will note differences in styles, process, and procedures, but most know what they are doing.  

As an aside -- If you are charged with a Juvenile crime, make sure to contact a Juvenile Crimes Lawyer in Bucks County to get the specific procedures.  

When you go to the court, you will first check in at the front.  Sometimes, it is the front window, the "window", or just the clerk staff.  Either way, make sure you let the court staff know you are present. 

Your Bucks County criminal attorneys should have a stenographer present to take notes of the Preliminary Hearing.  This stenographer can later create the "Notes of Testimony" of the Preliminary Hearing.  It can prove to be of the upmost importance in the future.  

The police officer or State Trooper who arrested you should be present.  They may individually conduct the Preliminary Hearing by representing the Commonwealth of Pennsylvania or there may be an Assistant District Attorney from Bucks County who will conduct the hearing.  Typically, the more serious the case, the higher likelihood there will be an Assistant District Attorney.  

Prior to the Preliminary Hearing in Bucks County, your Bucks County Criminal Lawyer will get a chance to talk to the officer/trooper/DA regarding your case.  There is potential to get a reduced charge or a consolidation of charges at this stage.  Other times, it is an opportunity to determine how the Commonwealth will be presenting the case.