| This article will discuss the process that a DUI charge | | | | you are released. The summons will generally contain |
| follows in the Pennsylvania criminal justice system. All | | | | three items. |
| of the steps in this process listed in this article are | | | | First, the criminal complaint which contains a list of the |
| based upon the Pennsylvania Rules of Criminal | | | | charges filed against you and an "affidavit of probable |
| Procedure and apply only to DUI cases which occur in | | | | cause". This is a brief factual summary of what the |
| Pennsylvania. | | | | police officer says happened and forms the legal basis |
| You're driving home from dinner with friends and | | | | for the filing of the criminal charges. |
| suddenly you hear a siren and see flashing lights in the | | | | Second, the summons will usually contain a fingerprint |
| rear view mirror. This scene, or a variant thereof, is | | | | order. The law in Pennsylvania requires that all persons |
| replayed thousands of times a year in Pennsylvania. | | | | charged with a crime must be fingerprinted. This would |
| Most of those who find themselves in this situation are | | | | normally be done at the County Jail when an arrestee |
| not "criminals" experienced with the criminal justice | | | | is processed. However, those released pursuant to |
| system, but average citizens who may have made an | | | | Rule 519 are not taken to jail, and thus, not fingerprinted |
| error in judgment or were in the wrong place at the | | | | on the date of the incident. The order will require you |
| wrong time. | | | | to appear to be fingerprinted at a specific time. In |
| Pennsylvania Rule of Criminal Procedure 519 allows | | | | Allegheny County, Pennsylvania, most fingerprinting is |
| police to release from custody those charged with a | | | | done at the Bureau of Criminal Identification in |
| misdemeanor DUI. What this means is that you get to | | | | downtown Pittsburgh. Failure to appear at the |
| go home rather than to jail. Thus, after the police finish | | | | appointed time can result in a warrant being issued for |
| their DUI investigation most people are released and | | | | your arrest. It should be noted that some Magistrates |
| told that they will receive paperwork in the mail. This | | | | do not include the fingerprint order in the summons, but |
| can be a very confusing time as one does not know | | | | instead, give it to you when you appear before them |
| what to expect. Many questions may remain | | | | for your Preliminary Hearing. So do not panic if you |
| unanswered at the time you are released. The most | | | | don't find one with the other paperwork in the |
| common question is "what happens now?". I will list the | | | | summons. |
| next several steps in the process so that you can | | | | Finally, the summons will contain a "Notice of |
| begin to plan how you will deal with the situation. | | | | Preliminary Hearing". This will list the date, time and |
| After one is released from a DUI arrest in | | | | place where your first court appearance will take |
| Pennsylvania pursuant to Rule 519 the police officer | | | | place. This will generally, take place before the |
| files a "Criminal Complaint" with the local Magistrate's | | | | Magistrate who sent you the summons within several |
| office. The Magistrate's Office will send a "summons" | | | | weeks. Again, failure to appear will result in a warrant |
| package to you containing that complaint and several | | | | being issued for your arrest. I will address what actually |
| other items via certified mail. This summons package | | | | happens at the Preliminary Hearing and subsequent |
| will usually arrive between two and six weeks after | | | | court appearances in a future article. |