Pa summary trial procedure

Present Rule adopted November 1, , effective January 1, ; renumbered Rule and amended March 1, , effective April 1, Procedure at Time of Sentencing. The record shall include: a the record of any stipulation made at a pre-sentence conference; and b a verbatim account of the entire sentencing proceeding. The rule is intended to promote prompt and fair sentencing procedures by providing reasonable time limits for those procedures, and by requiring that the defendant be fully informed of his or her post-sentence rights and the procedural requirements which must be met to preserve those rights.

Rule Violation of Probation, Intermediate Punishment, or Parole: Hearing and Disposition governs sentencing procedures after a revocation of probation, intermediate punishment, or parole.

Under paragraph A 1 , sentence should be imposed within 90 days of conviction or the entry of a plea of guilty or nolo contendere, unless the court orders a psychiatric or psychological examination pursuant to Rule B. Such an order should extend the time for sentencing for only as much time as is reasonably required, but in no event should sentencing be extended for more than 30 days beyond the original day limit.

In summary appeal cases, however, sentence must be imposed immediately at the conclusion of the de novo trial. Paragraph A 2 is not intended to sanction pro forma requests for continuances. Rather, it permits the judge to extend the time limit for sentencing under extraordinary circumstances only. For example, additional pre-sentence procedures may be required by statute.

See 42 Pa. Because such extensions are intended to be the exception rather than the rule, the extension must be for a specific time period, and the judge must include in the record the length of the extension. A hearing need not be held before an extension can be granted. Once a specific extension has been granted, however, some provision should be made to monitor the extended time period to insure prompt sentencing when the extension period expires.

Failure to sentence within the time specified in paragraph A may result in the discharge of the defendant. Anders , A. Although trial errors may be serious and the issues addressing those errors meritorious, this rule is intended to allow the trial judge the opportunity to address only those errors so manifest that immediate relief is essential.

It would be appropriate for counsel to move for extraordinary relief, for example, when there has been a change in case law, or, in a multiple count case, when the judge would probably grant a motion in arrest of judgment on some of the counts post-sentence. Although these examples are not all-inclusive, they illustrate the basic purpose of the rule: when there has been an egregious error in the proceedings, the interests of justice are best served by deciding that issue before sentence is imposed.

Because the relief provided by this section is extraordinary, boilerplate motions for extraordinary relief should be summarily denied. Under paragraph B 2 , the motion must be decided before sentence is imposed, and sentencing may not be postponed in order to dispose of the motion. The judge may summarily deny the motion or decide it on the merits. Paragraph B 3 is intended to make it clear that a motion for extraordinary relief is neither necessary nor sufficient to preserve an issue for appeal.

The failure to make a motion for extraordinary relief, or the failure to raise a particular issue in such a motion, does not constitute a waiver of any issue. Thomas , A. The duty of the judge to explain to the defendant the rights set forth in paragraph C 3 is discussed in Commonwealth v. Wilson , A. Stewart , A. The judge should explain to the defendant, as clearly as possible, the timing requirements for making and deciding a post-sentence motion under Rule The judge should also explain that the defendant may choose whether to file a post-sentence motion and appeal after the decision on the motion, or to pursue an appeal without first filing a post-sentence motion.

Paragraph C 3 requires the judge to ensure the defendant is advised of his or her rights concerning post-sentence motions and appeal, and the right to proceed with counsel. Librizzi , A. The rule permits the use of a written colloquy that is read, completed, signed by the defendant, and made part of the record of the sentencing proceeding.

This written colloquy must be supplemented by an on-the-record oral examination to determine that the defendant has been advised of the applicable rights enumerated in paragraph C 3 and that the defendant has signed the form. Other, additional procedures are required by statute. After sentencing, following a conviction in a trial de novo in a summary case, the judge should advise the defendant of the right to appeal and the time limits within which to exercise that right, the right to proceed in forma pauperis and with appointed counsel to the extent provided in Rule A , and of the qualified right to bail under Rule B.

See paragraphs C 3 a , b , and e. See also Rule D no post-sentence motion after a trial de novo. It is recommended, when a state sentence has been imposed, that the judge permit a defendant who cannot make bail to remain incarcerated locally, at least for the day period during which counsel may file the post-sentence motion.

When new counsel has been appointed or entered an appearance for the purpose of pursuing a post-sentence motion or appeal, the judge should consider permitting the defendant to remain incarcerated locally for a longer period to allow new counsel time to confer with the defendant and become familiar with the case.

It is difficult to set forth all the standards that a judge must utilize and consider in imposing sentence. It is recommended that, at a minimum, the judge look to the standards and guidelines as specified by statutory law. See the Judicial Code, 42 Pa. See also Commonwealth v.

Riggins , A. Devers , A. The judge also should consider other preexisting orders imposed on the defendant. See 18 Pa. And see 42 Pa. For procedures in cases in which restitution is imposed, see Rule For the right of a victim to have information included in the pre-sentence investigation report concerning the impact of the crime upon him or her, see 18 P.

For the duty of the sentencing judge to state on the record the reasons for the sentence imposed, see Commonwealth v. If the sentence initially imposed is modified pursuant to Rule B 1 a v , the sentencing judge should ensure that the reasons for the ultimate sentence appear on the record. See also Sentencing Guidelines, PA. In cases in which a mandatory sentence is provided by law, when the judge decides not to impose a sentence greater than the mandatory sentence, regardless of the number of charges on which the defendant could be sentenced consecutively, and when no psychiatric or psychological examination is required under Rule B , the judge may immediately impose that sentence.

But see Rule A 2 , which requires that the court state on the record the reasons for dispensing with a pre-sentence report under the circumstances enumerated therein.

In addition, a copy of the form must be forwarded to the Commission on Sentencing. With respect to the recording and transcribing of court proceedings, including sentencing, see Rule Official Note Previous Rule approved July 23, , effective 90 days hence; Comment amended June 30, , effective immediately; Comment amended and paragraphs c and d added June 29, , effective September 1, ; amended May 22, , effective as to cases in which sentence is imposed on or after July 1, ; Comment amended April 24, , effective July 1, ; Comment amended November 1, , effective January 1, ; rescinded March 22, , effective as to cases in which the determination of guilt occurs on or after January 1, , and replaced by present Rule Present Rule adopted March 22, , effective as to cases in which the determination of guilt occurs on or after January 1, ; amended January 3, , effective immediately; amended September 13, , effective January 1, The January 1, effective date extended to April 1, Comment revised December 22, , effective February 1, The April 1, effective date extended to July 1, Comment revised September 26, , effective January 1, ; Comment revised April 18, , effective immediately; Comment revised January 9, , effective immediately; amended July 15, , effective January 1, ; renumbered Rule and amended March 1, , effective April 1, ; Comment revised March 27, , effective July 1, ; amended April 28, , effective August 1, ; Comment revised March 15, , effective May 1, ; Comment revised March 9, , effective July 1, Final Report explaining the March 27, Comment revision adding cross-references to 18 Pa.

Final Report explaining the March 9, revision of the Comment adding a cross-reference to Rule Imposition of Sentence. A When imposing a sentence to imprisonment, the judge shall state the date the sentence is to commence. B When more than one sentence is imposed at the same time on a defendant, or when a sentence is imposed on a defendant who is sentenced for another offense, the judge shall state whether the sentences shall run concurrently or consecutively.

If the sentence is to run concurrently, the sentence shall commence from the date of imposition unless otherwise ordered by the judge. This rule was amended in to eliminate language that created a presumption that certain sentences run concurrently unless the judge states otherwise, and by deleting former paragraph b as unnecessary.

The rule now requires the judge to state whether sentences run concurrently or consecutively. The amendments adding new paragraph A and adding language to paragraph B clarify the procedures for determining the date of commencement of sentences of imprisonment. The computation of sentences and credit for time served also are addressed in the Sentencing Code.

Official Note Rule adopted July 23, , effective 90 days hence; amended March 21, , effective March 31, ; amended November 7, , effective January 1, ; renumbered Rule and Comment revised March 1, , effective April 1, ; amended May 18, , effective August 1, The provisions of this Rule amended May 18, , effective August 1, , 35 Pa.

A At the time of sentencing, the judge shall determine what restitution, if any, shall be imposed. This rule provides the procedures for the statutory requirement for the judge to impose restitution. In all cases in which restitution is imposed, the sentencing judge must state on the record the amount of restitution at the time of sentencing.

The extent of restitution also may be provided by statute. See , e. When imposing restitution, the sentencing judge should consider whether the defendant has received notice of the intention to seek restitution prior to the hearing and whether the defendant intends to object to the imposition of restitution. The sentencing hearing may need to be continued as a result.

Paragraph B 6 requires that the sentencing order make clear whether any restitution is being imposed as a part of the sentence pursuant to 18 Pa. Sentences of probation give a trial court the flexibility to determine all the direct and indirect damages caused by a defendant. Commonwealth v. Harner , A. Hall , 80 A. Because a term of probation may not exceed the maximum term for which the defendant could be confined, and a court cannot enforce a restitution sentence past the statutory maximum date, a court may not require that restitution imposed as a condition of probation be paid beyond the statutory maximum date.

Karth , A. Certain costs are mandatory and must be imposed. Official Note New Rule The provisions of this Rule Fines or Costs. A A court shall not commit the defendant to prison for failure to pay a fine or costs unless it appears after hearing that the defendant is financially able to pay the fine or costs.

B When the court determines, after hearing, that the defendant is without the financial means to pay the fine or costs immediately or in a single remittance, the court may provide for payment of the fines or costs in such installments and over such period of time as it deems to be just and practicable, taking into account the financial resources of the defendant and the nature of the burden its payments will impose, as set forth in paragraph D below.

D In cases in which the court has ordered payment of a fine or costs in installments, the defendant may request a rehearing on the payment schedule when the defendant is in default of a payment or when the defendant advises the court that such default is imminent.

At such hearing, the burden shall be on the defendant to prove that his or her financial condition has deteriorated to the extent that the defendant is without the means to meet the payment schedule. Thereupon the court may extend or accelerate the payment schedule or leave it unaltered, as the court finds to be just and practicable under the circumstances of record.

When there has been default and the court finds the defendant is not indigent, the court may impose imprisonment as provided by law for nonpayment. See generally Commonwealth ex rel. Benedict v. Cliff , Pa. Under this rule, when a defendant fails to pay the fine and costs, the common pleas court judge may issue a bench warrant for the collection of the fine and costs.

Nothing in this rule is intended to abridge any rights the Commonwealth may have in a civil proceeding to collect a fine or costs. For suspension of Acts of Assembly, see Rule F. Official Note Rule approved July 23, , effective 90 days hence; renumbered Rule and amended March 1, , effective April 1, ; Comment revised March 9, , effective August 1, The provisions of this Rule amended March 9, , effective August 1, , 36 Pa.

Documents Transmitted to Prison. When a defendant is sentenced to a term of imprisonment of two years or more, a copy of each of the following shall be delivered to the person in charge of the correctional facility to which the defendant is committed at the time the defendant is delivered thereto: 1 any available pre-sentence investigation report; 2 any report by a state correctional diagnostic and classification center; and 3 any medical, psychiatric, or social agency report used by the sentencing judge in imposing sentence or by a probation department or state correctional diagnostic and classification center in compiling a report to the sentencing judge.

It is intended that the confidentiality of such reports remain as secure after they have been delivered pursuant to this rule as at any previous stage. A A written request for revocation shall be filed with the clerk of courts. B Whenever a defendant has been sentenced to probation or intermediate punishment, or placed on parole, the judge shall not revoke such probation, intermediate punishment, or parole as allowed by law unless there has been: 1 a hearing held as speedily as possible at which the defendant is present and represented by counsel; and 2 a finding of record that the defendant violated a condition of probation, intermediate punishment, or parole.

C Before the imposition of sentence, 1 the defendant may plead guilty to other offenses that the defendant committed within the jurisdiction of the sentencing court. D Sentencing Procedures 1 At the time of sentencing, the judge shall afford the defendant the opportunity to make a statement in his or her behalf and shall afford counsel for both parties the opportunity to present information and argument relative to sentencing.

E Motion to Modify Sentence A motion to modify a sentence imposed after a revocation shall be filed within 10 days of the date of imposition. The filing of a motion to modify sentence will not toll the day appeal period.

This rule addresses Gagnon II revocation hearings only, and not the procedures for determining probable cause Gagnon I. See Gagnon v. Scarpelli , U. Paragraph A requires that the Gagnon II proceeding be initiated by a written request for revocation filed with the clerk of courts. The judge may not revoke probation or parole on arrest alone, but only upon a finding of a violation thereof after a hearing, as provided in this rule.

However, the judge need not wait for disposition of new criminal charges to hold such hearing. Kates , Pa. This rule does not govern parole cases under the jurisdiction of the Pennsylvania Board of Probation and Parole, but applies only to the defendants who can be paroled by a judge.

See 61 P. See also Georgevich v. This rule was amended in to include sentences of intermediate punishment. Rules , , and do not apply to revocation cases. The objective of the procedures enumerated in paragraph C is to enable the court to sentence the defendant on all outstanding charges within the jurisdiction of the sentencing court at one time. When a defendant is permitted to plead guilty to multiple offenses as provided in paragraph C , if any of the other offenses involves a victim, the sentencing proceeding must be delayed to afford the Commonwealth adequate time to contact the victim s , and to give the victim s an opportunity to offer prior comment on the sentencing or to submit a written and oral victim impact statement.

A When a warrant is issued pursuant to Rule in a summary case, the warrant shall be executed by a police officer as defined in Rule B Arrest Warrants Initiating Proceedings 1 When an arrest warrant is executed, the police officer shall either: a accept from the defendant a signed guilty plea and the full amount of the fine and costs if stated on the warrant; b accept from the defendant a signed not guilty plea and the full amount of collateral if stated on the warrant; or c if the defendant is unable to pay, cause the defendant to be taken without unnecessary delay before the proper issuing authority.

The amount of collateral shall not exceed the full amount of the fine and costs. C Bench Warrants 1 When a bench warrant is executed, the police officer shall either: a accept from the defendant a signed guilty plea and the full amount of the fine and costs if stated on the warrant; b accept from the defendant a signed not guilty plea and the full amount of collateral if stated on the warrant; c accept from the defendant the amount of restitution, fine, and costs due as specified in the warrant if the warrant is for collection of restitution, fine, and costs after a guilty plea or conviction; or d if the defendant is unable to pay, promptly take the defendant for a hearing on the bench warrant as provided in paragraph C 3.

The bench warrant hearing may be conducted using two-way simultaneous audio-visual communication. For the procedure in court cases following arrest with a warrant initiating proceedings, see Rules , , and See also the Comment to Rule Fines or Costs that recognizes the authority of a common pleas court judge to issue a bench warrant for the collection of fines and costs and provides for the execution of the bench warrant as provided in either paragraphs C 1 c or C 1 d and C 2 of this rule.

Section of the Judicial Code, 42 Pa. Mason , A. Nothing in paragraph A is intended to preclude the issuing authority when issuing a warrant pursuant to Rule from authorizing in writing on the warrant that the police officer may execute the warrant at any time and bring the defendant before that issuing authority for a hearing under these rules. Delay of trial under paragraph B 3 b ii is required by statutes such as 18 Pa. When the police must detain a defendant pursuant to this rule, 61 P.

Following the certification, the case is to proceed pursuant to the Rules of Juvenile Court Procedure and the Juvenile Act instead of these rules. For the procedures when a bench warrant is issued in court cases, see Rule Concerning the appearance or waiver of counsel, see Rules and Official Note Rule 76 adopted July 12, , effective January 1, ; Comment revised September 23, , effective January 1, ; January 1, effective dates extended to July 1, ; Comment revised January 31, , effective July 1, ; amended August 9, , effective January 1, ; amended October 1, , effective October 1, ; amended July 2, , effective August 1, ; renumbered Rule and amended March 1, , effective April 1, ; amended August 7, , effective July 1, ; Comment revised April 1, , effective October 1, ; amended June 30, , effective August 1, ; Comment revised March 9, , effective August 1, ; Comment revised May 7, , effective immediately; amended April 10, , effective July 10, PART D 2.

Arrests Without a Warrant Rule Arrest Without Warrant. When an arrest without a warrant in a summary case is authorized by law, a police officer who exhibits some sign of authority may institute proceedings by such an arrest.

Only a police officer, as defined in Rule , may institute a summary criminal proceeding by arrest. It is intended that these proceedings will be instituted by arrest only in exceptional circumstances such as those involving violence, or the imminent threat of violence, or those involving a danger that the defendant will flee.

The Vehicle Code provides the procedures for arresting a defendant without a warrant for a summary offense under that Code. It is preferable that the officer making a stop for a traffic violation be in uniform. Official Note Previous Rule 70 adopted April 8, , effective July 1, ; rescinded July 12, , effective January 1, and replaced by present Rule Present Rule 70 adopted July 12, , effective January 1, The January 1, effective dates are all extended to July 1, ; renumbered Rule and Comment revised March 1, , effective April 1, Procedure Following Arrest Without Warrant.

A When a defendant has been arrested without a warrant, the defendant shall be either released from custody pursuant to paragraph B or taken before the proper issuing authority under paragraph C. B When a defendant has been arrested without a warrant, the arresting officer shall promptly release the defendant from custody when the following conditions have been met: 1 the defendant poses no threat of immediate physical harm to any other person or to himself or herself; and 2 the arresting officer has reasonable grounds to believe that the defendant will appear as required.

C When the defendant has not been released from custody under paragraph B , 1 the defendant shall be taken without unnecessary delay before the issuing authority when available pursuant to Rule where a citation shall be filed against the defendant, and a the defendant shall enter a plea.

Delay of trial under paragraph C 1 b ii is required by statutes such as 18 Pa. See also Rules , , and On the appearance or waiver of counsel, see Rules and For the procedure in court cases initiated by arrest without warrant, see Rule PART E. General Procedures in Summary Cases Rule Motions [Reserved]. B When service of a summons has been made by first class mail and the defendant fails to respond or appear within the time specified by these rules, the issuing authority shall cause service to be made upon the defendant personally or by certified mail, return receipt requested.

Thereafter, the case shall proceed as provided in these rules. This rule provides the procedures for service in summary cases. These procedures are different from those provided by Rule for motions and documents in court cases.

A citation is served personally upon the defendant within the meaning of this rule when the citation is issued to the defendant as provided in Rule A and the rules of Chapter 4 Part B1.

Paragraph B makes it clear that the issuing authority must only provide additional notice to a defendant by personal service or certified mail when a defendant fails to respond to a summons. Official Note Rule 80 adopted July 12, , effective January 1, ; effective date extended to July 1, ; amended February 1, , effective July 1, ; Comment revised June 2, , effective September 1, ; renumbered Rule and amended March 1, , effective April 1, ; Comment revised March 3, , effective July 1, ; Comment revised September 18, , effective February 1, The provisions of this Rule amended March 3, , effective July 1, , 34 Pa.

A The issuing authority shall release the defendant on recognizance unless the issuing authority has reasonable grounds to believe that the defendant will not appear. C In determining whether it is necessary to set collateral and what amount of collateral should be set, the issuing authority shall consider the factors listed in Rule D If collateral is set, the issuing authority shall state in writing the reason s why any collateral other than release on recognizance has been set and the facts that support a determination that the defendant has the ability to pay monetary collateral.

E To be released on recognizance or to request a lower amount of collateral, the defendant must appear personally before the issuing authority to enter a plea, as provided in Rules , , and F The collateral deposited shall be in United States currency or a cash equivalent.

G The collateral deposited may be forfeited after conviction at the summary trial and applied to payment of the fine, costs, and restitution. Second, the amount deposited is used as security, and may be forfeited in the event of a conviction to satisfy any fine, costs, and restitution. A defendant may not be penalized or denied a hearing because he or she cannot pay the full amount of the fine and costs as collateral. For the purpose of paragraph F , any guaranteed arrest bond certificate issued by an automobile club or association pursuant to 40 P.

Official Note Rule 81 adopted July 12, , effective January 1, ; effective date extended to July 1, ; Comment revised February 1, , effective July 1, ; Comment revised May 14, , effective July 1, ; renumbered Rule and Comment revised March 1, , effective April 1, ; amended April 10, , effective July 10, ; amended June 10, , effective August 1, The provisions of this Rule amended April 10, , effective July 10, , 45 Pa.

Joinder of Offenses and Defendants. A When more than one person is alleged to have participated in the commission of a summary offense, the issuing authority shall accept one citation or complaint for each person charged. The citations or complaints against such persons may be consolidated for trial. B When more than one summary offense is alleged to have been committed by one person arising from the same incident, the matter shall proceed as a single case and the issuing authority shall receive only one set of costs.

This rule is based upon comparable provisions in Rule that apply in court cases. Official Note Rule 82 adopted July 12, , effective January 1, ; January 1, effective date extended to July 1, ; amended February 1, , effective July 1, ; Comment revised August 9, , effective January 1, ; renumbered Rule and amended March 1, , effective April 1, Trial in Summary Cases. A Immediately prior to trial in a summary case: 1 the defendant shall be advised of the charges in the citation or complaint; 2 if, in the event of a conviction, there is a reasonable likelihood of a sentence of imprisonment or probation, the defendant shall be advised of the right to counsel and a upon request, the defendant shall be given a reasonable opportunity to secure counsel; or b if the defendant is without financial resources or is otherwise unable to employ counsel, counsel shall be assigned as provided in Rule ; and 3 the defendant shall enter a plea.

B If the defendant pleads guilty, the issuing authority shall impose sentence. In no event shall the failure of the law enforcement officer to appear, by itself, be a basis for dismissal of the charges against the defendant. C The attorney for the Commonwealth may appear and assume charge of the prosecution. When the violation of an ordinance of a municipality is charged, an attorney representing that municipality, with the consent of the attorney for the Commonwealth, may appear and assume charge of the prosecution.

When no attorney appears on behalf of the Commonwealth, the affiant may be permitted to ask questions of any witness who testifies. D The verdict and sentence, if any, shall be announced in open court immediately upon the conclusion of the trial, except as provided in paragraph E.

The order shall include the information specified in paragraphs F 1 through F 3 , and a copy of the order shall be given to the defendant. No defendant may be sentenced to imprisonment or probation if the right to counsel was not afforded at trial. See Alabama v. Shelton , U. Illinois , U. Hamlin , U. The affiant may be permitted to withdraw the charges pending before the issuing authority. Paragraph F 2 b is included in the rule in light of North v. Russell , U. For the procedures for taking, perfecting, and handling an appeal, see Rules , , and As the judicial officer presiding at the summary trial, the issuing authority controls the conduct of the trial generally.

When an attorney appears on behalf of the Commonwealth or on behalf of a municipality pursuant to paragraph C , the prosecution of the case is under the control of that attorney. When no attorney appears at the summary trial on behalf of the Commonwealth, or a municipality, the issuing authority may ask questions of any witness who testifies, and the affiant may request the issuing authority to ask specific questions.

In the appropriate circumstances, the issuing authority may also permit the affiant to question Commonwealth witnesses, cross-examine defense witnesses, and make recommendations about the case to the issuing authority. When a defendant is incarcerated pending a summary trial, it is incumbent upon the issuing authority to schedule trial for the earliest possible time.

Under paragraph F 2 a , the issuing authority should explain to the defendant that if an appeal is filed, any sentence, including imprisonment, fines, or restitution, will be stayed. When setting the specific date for the defendant to appear for execution of a sentence of imprisonment pursuant to paragraph F 3 , the issuing authority should set the earliest possible date for sentencing after the appeal period expires.

When a defendant has waived the stay of the sentence of imprisonment pursuant to Rule , the issuing authority may fix the commencement date of the sentence to be the date of conviction, rather than after the day stay period has expired.

For the statutory authority to sentence a defendant to pay a fine, see 42 Pa. For the statutory authority to sentence a defendant to pay restitution, see 42 Pa. See also 18 Pa. Before imposing both a fine and restitution, the issuing authority must determine that the fine will not prevent the defendant from making restitution to the victim. Certain costs are mandatory and must be imposed.

Often this information will not be available to the issuing authority at the time of sentencing. See Rule for the procedures when a defendant defaults in the payment of restitution, fines, or costs. For the procedures concerning sentences that include restitution in court cases, see Rule A defendant should be encouraged to seek an adjustment of a payment schedule for restitution, fines, or costs before a default occurs.

See Rule A. Official Note Rule 83 adopted July 12, , effective January 1, ; amended September 23, , effective January 1, ; January 1, effective dates extended to July 1, ; amended February 2, , effective March 1, ; amended October 28, , effective as to cases instituted on or after January 1, ; Comment revised April 18, , effective July 1, ; amended October 1, , effective October 1, ; Comment revised February 13, , effective July 1, ; renumbered Rule and Comment revised March 1, , effective April 1, ; amended February 28, , effective July 1, ; Comment revised August 7, , effective July 1, ; amended March 26, , effective July 1, ; amended January 26, , effective February 1, ; Comment revised July 17, , effective August 17, ; amended March 9, , effective July 1, Final Report explaining the March 26, changes concerning Alabama v.

B At trial, the issuing authority shall proceed to determine the facts and render a verdict. C If the defendant is found not guilty, any collateral previously deposited shall be returned.

D If the defendant is found guilty, the issuing authority shall impose sentence, and shall give notice by first class mail to the defendant of the conviction and sentence, and of the right to file an appeal within 30 days for a trial de novo. In those cases in which the amount of collateral deposited does not satisfy the fine and costs imposed or the issuing authority imposes a sentence of restitution, the notice shall also state that failure within 10 days of the date on the notice to pay the amount due or to appear for a hearing to determine whether the defendant is financially able to pay the amount due may result in the issuance of an arrest warrant.

E Any collateral previously deposited shall be forfeited and applied only to the payment of the fine, costs, and restitution. When the amount of collateral deposited is more than the fine, costs and restitution, the balance shall be returned to the defendant. See Rule B.

The trial would then be conducted with the defendant present as provided in these rules. Paragraph D provides notice to the defendant of conviction and sentence after trial in absentia to alert the defendant that the time for filing an appeal has begun to run.

See Rule F for what information must be included in a sentencing order when restitution is included in the sentence. Except in cases under the Public School Code of , 24 P. If the defendant is 18 years of age or older and fails to pay or appear as required in paragraph D , the issuing authority must proceed under these rules. Paragraph E was amended in to clarify that collateral may be forfeited for the payment of restitution as well as for the fine and costs that have been assessed by an issuing authority.

For arrest warrant procedures in summary cases, see Rules and Official Note Rule 84 adopted July 12, , effective January 1, ; January 1, effective date extended to July 1, ; amended February 1, , effective July 1, ; amended April 18, , effective July 1, ; amended October 1, , effective October 1, ; renumbered Rule and Comment revised March 1, , effective April 1, ; Comment revised August 7, , effective July 1, ; Comment revised April 1, , effective October 1, ; amended August 15, , effective February 1, ; Comment revised January 17, , effective May 1, ; Comment revised July 17, , effective August 17, ; Comment revised March 9, , effective July 1, ; amended June 10, , effective August 1, ; Comment revised December 21, , effective May 1, Default Procedures: Restitution, Fines, and Costs.

If a new payment schedule is ordered, the order shall state the date on which each payment is due, and the defendant shall be given a copy of the order. C If the defendant appears pursuant to the day notice in paragraph B or following an arrest for failing to respond to the day notice in paragraph B , the issuing authority shall conduct a hearing immediately to determine whether the defendant is financially able to pay as ordered.

D When a defendant appears pursuant to the notice in paragraph B or pursuant to an arrest warrant issued for failure to respond to the notice as provided in paragraph C : 1 upon a determination that the defendant is financially able to pay as ordered, the issuing authority may impose any sanction provided by law. The order shall include the information specified in paragraphs D 3 a through D 3 c , and a copy of the order shall be given to the defendant.

The appeal shall proceed as provided in Rules , , and The purpose of this rule is to provide the procedures governing defaults in the payment of restitution, fines, and costs.

Although most of this rule concerns the procedures followed by the issuing authority after a default occurs, paragraph A makes it clear that a defendant should be encouraged to seek a modification of the payment order when the defendant knows default is likely, but before it happens.

For fines and costs, see 42 Pa. An issuing authority may at any time alter or amend an order of restitution. When a defendant defaults on a payment of restitution, fines, or costs, paragraph B requires the issuing authority to notify the defendant of the default, and to provide the defendant with an opportunity to pay the amount due or appear within 10 days to explain why the defendant should not be imprisoned for nonpayment.

See Rule B 4. If the defendant is 18 years or older when the default in payment occurs, the issuing authority must proceed under these rules. Pursuant to paragraph C , the issuing authority must conduct a default hearing when a defendant responds to the day notice as provided in paragraph B , or when the defendant is arrested for failing to respond to the day notice. If the default hearing cannot be held immediately, the issuing authority may set collateral as provided in Rule Under paragraph D 1 , when the issuing authority determines that a defendant is able to pay as ordered, the issuing authority may, as provided by law, impose imprisonment or other sanctions.

In addition, delinquent restitution, fines, or court costs may be turned over to a private collection agency. When a defendant is in default of an installment payment, the issuing authority on his or her own motion or at the request of the defendant or the attorney for the Commonwealth must schedule a rehearing to determine the cause of the default. Before an issuing authority may impose a sentence of imprisonment as provided by law for nonpayment of restitution, fines, or costs, a hearing or rehearing must be held whenever a defendant alleges that his or her ability to pay has been diminished.

Farmer , A. Spontarelli , A. See also Rules and dealing with appearance or waiver of counsel. When a rehearing is held on a payment schedule for fines or costs, the issuing authority may extend or accelerate the payment schedule, leave it unaltered, or sentence the defendant to a period of community service, as the issuing authority finds to be just and practicable under the circumstances.

This rule contemplates that when there has been an appeal pursuant to paragraph E , the case would return to the issuing authority who presided at the default hearing for completion of the collection process. Nothing in this rule is intended to preclude an issuing authority from imposing punishment for indirect criminal contempt when a defendant fails to pay fines and costs in accordance with an installment payment order, 42 Pa.

Separate Rules of Criminal Procedure govern contempt adjudications. See Chapter 1 Part D. Official Note Adopted July 12, , effective January 1, ; amended September 23, , effective January 1, ; January 1, effective dates extended to July 1, ; Comment revised February 1, , effective July 1, ; rescinded October 1, , effective October 1, New Rule 85 adopted October 1, , effective October 1, ; amended July 2, , effective August 1, ; renumbered Rule and amended March 1, , effective April 1, ; Comment revised August 7, , effective July 1, ; amended March 3, , effective July 1, ; Comment revised April 1, , effective October 1, ; Comment revised September 21, , effective November 1, ; Comment revised January 17, , effective May 1, ; amended April 10, , effective July 10, ; Comment revised December 21, , effective May 1, Withdrawal of Charges in Summary Cases.

This rule permits the withdrawal of charges in summary cases pending before an issuing authority. To ensure that an adequate record is made of any withdrawals, the issuing authority is required to include in the transcript of the case the fact that he or she permitted the withdrawal.

In addition, the issuing authority must give the defendant written notice of the withdrawal. For the procedures for withdrawal of charges in a court case pending before an issuing authority, see Rule A When a defendant is charged with a summary offense, the issuing authority may dismiss the case upon a showing that: 1 the public interest will not be adversely affected; 2 the attorney for the Commonwealth, or in cases in which no attorney for the Commonwealth is present at the summary proceeding, the affiant, consents to the dismissal; 3 satisfaction has been made to the aggrieved person or there is an agreement that satisfaction will be made to the aggrieved person; and 4 there is an agreement as to who shall pay the costs.

B When an issuing authority dismisses a case pursuant to paragraph A , the issuing authority shall record the dismissal on the transcript. This rule permits an issuing authority to dismiss a summary case when the provisions of paragraph A are satisfied.

Paragraphs A 1 through 4 set forth those criteria that a defendant must satisfy before the issuing authority has the discretion to dismiss the case under this rule. The requirement in paragraph A 2 that, when the attorney for the Commonwealth is present at the summary proceeding, he or she must consent to the dismissal, is one of the criteria, along with the other enumerated criteria, which gives the issuing authority discretion to dismiss a case under this rule, even when the affiant refuses to consent.

The requirement in paragraph B that the issuing authority include in the transcript of the case the fact that he or she dismissed the case is intended to ensure that an adequate record is made of any dismissals under this rule. For dismissal upon satisfaction or by agreement in summary cases, as defined in Rule , that have been appealed to the court of common pleas, see Rule For dismissal upon satisfaction or agreement in a court case charging a misdemeanor that is pending before an issuing authority, see Rule For dismissal upon satisfaction or agreement by a judge of the court of common pleas in court cases, see Rule Official Note Rule 88 adopted April 18, , effective July 1, ; renumbered Rule and Comment revised March 1, , effective April 1, ; Comment revised January 27, , effective June 1, The provisions of this Rule amended January 27, , effective June 1, , 51 Pa.

PART F. Notice of Appeal. A When an appeal is authorized by law in a summary proceeding, including an appeal following a prosecution for violation of a municipal ordinance that provides for imprisonment upon conviction or upon failure to pay a fine, an appeal shall be perfected by filing a notice of appeal within 30 days after the entry of the guilty plea, the conviction, or other final order from which the appeal is taken.

The notice of appeal shall be filed with the clerk of courts. B The notice of appeal shall contain the following information: 1 the name and address of the appellant; 2 the name and address of the issuing authority who accepted the guilty plea or heard the case; 3 the magisterial district number in which the case was heard; 4 the name and mailing address of the affiant as shown on the complaint or citation; 5 the date of the entry of the guilty plea, the conviction, or other final order from which the appeal is taken; 6 the offense s of which convicted or to which a guilty plea was entered, if any; 7 the sentence imposed, and if the sentence includes a fine, costs, or restitution, whether the amount due has been paid; 8 the type or amount of bail or collateral, if any, furnished to the issuing authority; 9 the name and address of the attorney, if any, filing the notice of appeal; and 10 except when the appeal is from a guilty plea or a conviction, the grounds relied upon for appeal.

D The issuing authority shall, within 20 days after receipt of the notice of appeal, file with the clerk of courts: 1 the transcript of the proceedings; 2 the original complaint or citation, if any; 3 the summons or warrant of arrest, if any; and 4 the bail bond, if any.

E This rule shall provide the exclusive means of appealing from a summary guilty plea or conviction. Courts of common pleas shall not issue writs of certiorari in such cases. F This rule shall not apply to appeals from contempt adjudications. This rule applies to appeals in all summary proceedings, including appeals from prosecutions for violations of municipal ordinances that provide for the possibility of imprisonment, and default hearings.

This rule was amended in to make it clear in a summary criminal case that the defendant may file an appeal for a trial de novo following the entry of a guilty plea. Appeals from contempt adjudications are governed by Rule The narrow holding in City of Easton v. Marra , A. See Rule for the procedures for executing a sentence of imprisonment when there is a stay.

It is not intended to reopen other issues not properly preserved for appeal. A determination after a default hearing would be a final order for purposes of these rules. Paragraph D was amended in to align this rule with Rule A , which permits the electronic transmission of parking violation information in lieu of filing a citation. Therefore, in electronically transmitted parking violation cases only, because there is no original citation, the issuing authority would file the summons with the clerk of courts pursuant to paragraph D 3.

Except in cases under the Public School Code of , 24 P. If the defendant is charged with a violation of the compulsory attendance requirements of the Public School Code of , 24 P. See 24 P.

If the defendant is 18 years of age or older and fails to pay or appear as required in paragraph D , the issuing authority must proceed under these rules. Paragraph E was amended in to clarify that collateral may be forfeited for the payment of restitution as well as for the fine and costs that have been assessed by an issuing authority.

See 18 Pa. Concerning the appointment or waiver of counsel, see Rules and