TABLE OF CONTENTS


100. SCOPE OF LOCAL RULES..................................................................................1

102. CITING THE LOCAL RULES................................................................................1

103. DEFINITIONS......................................................................................…..............1

104. DESIGN OF FORMS......................................................................................…....1

106. CONTINUANCES OF TRIALS.... (Rescinded 8/13/2004)...........................................1

115. TRANSCRIPTION OF COURT PROCEEDINGS......…..........................................1

117. COVERAGE MAGISTERIAL DISTRICT JUDGES………………………………….2

122. ASSIGNMENT OF COUNSEL PUBLIC DEFENDERS OFFICE...........................2

123. PUBLIC DEFENDERS OFFICE PROHIBITION....................................................2

131. CENTRAL COURT LOCATION............................................................................3

310. MOTION FOR A.R.D.............................................................................................3

506. PROCEDURE FOR FILING PRIVATE COMPLAINTS..........................................4

511.1 SCHEDULING CONFERENCE IN SUMMONS CASES..(Rescinded 9/26/06)............4

524. RELEASE ON R.O.R. OR NOMINAL BAIL...........................................................4

528. PERCENTAGE CASH BAIL SYSTEM..................................................................4

530. DESIGNATION OF LOCAL BAIL AGENCY..........................................................5

540.1 PRELIMINARY HEARING SCHEDULING...........................................…..............5

542. PRELIMINARY HEARING (OLD).............................................................................5

542 PRELIMINARY HEARING SCHEDULING; CONTINUANCES (NEW)……………6

546. RETURN OF DEPOSITS AND CHARGES...........................................................7

550 PLEAS OF GUILTY BEFORE DISTRICT JUSTICE IN COURT CASES..............7

552. ADMINISTRATIVE PROCESSING AND IDENTIFICATION..................................7

570. PRETRIAL CONFERENCE..............................................................................…..8

570.1 JUDICIAL PRETRIAL CONFERENCE..............................................................….8

574 MOTIONS....(Rescinded 8/13/2004)..........................................................................8

578. OMNIBUS PRE-TRIAL MOTIONS FOR RELIEF..............................................…8

600. TRIAL LIST AND NOTICE.................................................................................…8

631. PRESENCE OF COURT DURING JURY SELECTION.....................................…9

705.1 JUDICIAL STANDARDS-INTERMEDIATE PUNISHMENT PROGRAM............…9



L.R. 100 Scope of Local Rules: (eff. June 15, 2004)

These local rules of Criminal Procedure are adopted to be applicable to the Criminal Division of the Court of Common Pleas of Beaver County, Pennsylvania as long as they are consistent with the Pennsylvania Rules of Criminal Procedure, 42 Pa. C.S.A. 100 et-seq.

L.R. 102 Citing the Local Rules of Criminal Procedure: (eff. June 15, 2004)

All local rules of criminal procedure shall be known as the Beaver County Local Rules of Criminal Procedure and shall be cited as AL.R. Crim. P.No. A.

L.R. 103 Definitions: (eff. June 15, 2004)

The words and phrases, when used in any Local Rules of Criminal Procedure, shall have the same meaning ascribed to it in the Pennsylvania Rules of Criminal Procedure, unless specifically defined herein or in a Local Rule of Criminal Procedure.

L.R. 104 Design of Forms: (eff. June 15, 2004)

The Court Administrator of Beaver County, Pennsylvania, in consultation with the Beaver County Local Rules of Criminal Procedure Committee, shall design and publish those forms necessary to implement these rules.

L.R. 106 Continuances of Trials: (rescinded 8/13/2004)

L.R. 115 Transcribing Court Proceedings and Payment: (eff. June 15, 2004)

(I) the court may, on its own motion, order an original or a copy of a transcript of a record or a portion thereof for its own use.

(ii) Any defendant for whom counsel has been appointed or the court has authorized to proceed in forma pauperis, may petition the trial court to transcribe the record or portions thereof with the reasons therefor. Counsel for the Commonwealth shall be notified of such motion and may then request in writing transcription of additional portions of the record stating reasons therefor. The court shall enter an appropriate order which will be filed of record and which order shall be served by the Clerk of Courts upon the Court reporter.

(iii) Expenses of all transcripts ordered under paragraph (I) and (ii) of this rule shall be paid by Beaver County at the rates provided in Pa. R.J.A. No: 5000.7 and shall be assessed as part of the record cost.

(iv) Any defendant, with private counsel and who is not entitled to proceed in forma pauperis who desires a transcript of a record shall file a written request with the Clerk of Courts setting forth the specific portions of the record to be transcribed and shall serve copies of said request upon the Trial Court, Court Administrator, Counsel for the Commonwealth and the Court Reporter. Counsel for the Commonwealth may request in writing that additional portions of the record be transcribed within seven (7) days. Said request must be filed with the Clerk of Courts, opposing counsel, Court Reporter and Trial Court.



Any transcripts ordered under paragraph 115(iv) shall require a deposit of one half the estimated charge for the transcript prior to its preparation. Defendant or counsel for the defendant shall be informed by the Court Reporter of the amount of the deposit required. Such amount shall be paid to the Clerk of Courts, who shall issue a receipt to the defendant and a copy of same shall be delivered to the Court Reporter. Upon receiving the receipt, the Court Reporter shall prepare the transcript. Upon completion of the transcript, the court reporter shall notify the defendant of the balance due for the transcript. The transcript shall be filed with the Clerk of Courts and shall not be released until the full amount due is paid to the Clerk of Courts.



L.R. 117. Coverage Magisterial District Judges (eff. August 1, 2006)



(1) All Magisterial District Judge Offices shall be open for regular business on Mondays through Fridays from 9:00 A.M. to 5:00 P.M. Prevailing time.

(2) Magisterial District Judges shall be available twenty-four hours per day, every day of the calendar year to provide continuous coverage for the issuance of search warrants, pursuant to Pa R. Crim. P. No. 203, arrest warrants pursuant to Pa R. Crim. No. 513, requests to accept bail, and emergency orders under the Protection from Abuse Act.

The Magisterial District Judges shall satisfy this rule by remaining on call during non-regular business hours on a rotating basis pursuant to a schedule prepared by the Court Administrator. The schedule shall be distributed and publicized pursuant to past practice.

(3) Magisterial District Judges shall be available during non-regular business hours each day at 6:00 A.M., 2:00 P.M. and 10:00 P.M. for the purpose of providing the services set forth in Pa R. Crim. P. No. 117 (A) (2) (a), (b), (c) and (d). The availability of each Magisterial District Judge shall be on a rotating basis pursuant to the same schedule proposed pursuant to subdivision (2) and shall be publicized pursuant to past practice.

(4) Magisterial District Judges shall be available during normal business hours for all other business.

(5) Each Magisterial District Judge shall be available to preside over preliminary hearings at the Beaver County Courthouse, or such other location that may be established for “Central Court”, on a rotating basis pursuant to a schedule prepared by the Court Administrator.

(6) This rule shall be effective August 1, 2006 provided the requirements of Pa. R. Crim. P. No. 105 (c) have been complied with.



L.R. 122 Assignment of Counsel-Public Defenders Office (eff. June 15, 2004)

The Court hereby designates and appoints the Public Defender=s Office of Beaver County (See 16 P.S.'9960 et.seq.) as initial counsel for all defendants required to be assigned counsel under Pa. R.Crim. P. No. 122.



L.R. 123 Public Defenders Office Prohibition (eff. June 15, 2004)

The Public Defender and all full-time and part-time attorneys appointed to and employed in that office, together with all their partners, associates, employees and employers, are prohibited from representing on a private basis:

(a) any defendant in any criminal proceeding who has at anytime during the pendency of the case made application for representation by the Public Defender=s Office or in which proceeding any co-defendant has made such application; and

(b) any defendant then being represented on any other proceeding through the Public Defender=s Office.

This prohibition shall not apply where the defendant initially made application to and retained said attorney or his partner, associate, employee or employer, on a private basis prior to application with the Public Defender=s Office.



(ii) In all court cases counsel shall be assigned by the Public Defender=s Office to those types of cases identified at 16 P.S. '9960.6 as well as summary appeals where there is a likelihood that imprisonment might be imposed.

(iii) In cases of conflict in the Public Defender=s Office, the Court Administrator, upon Court Order, shall assign counsel to represent defendant from those attorneys appointed to handle all conflicts cases (See 16 P.S. '9960.7).



L.R. 131 Location of Preliminary Hearing/Central Court: (eff. June 15, 2004)

Pursuant to the authority contained in Pa. R.Crim P; Rule 131, (B), the President Judge of the Court of Common Pleas of Beaver County, Pennsylvania, has determined that local conditions require the establishment of procedures whereby preliminary hearings in all criminal cases, filed in all magisterial districts, shall be held at the Beaver County Courthouse on dates and times assigned by the Court Administrator of Beaver County. Said Court shall hereinafter be referred to as Central Court.



L.R. 310 Motion For Accelerated Rehabilitation Disposition: (eff. June 15, 2004)

After recommendation by the Commonwealth that a defendant be placed on the ARD program, the defendant shall be scheduled for an ARD hearing before the Court of Common Pleas for consideration for ARD. The ARD hearing shall be in accordance with the provisions contained in Pa. R.Crim.P. Nos. 311, 312, and 313.

(a) At the ARD hearing the defendant shall enter on the record a duly executed ARD colloquy form.



(b) Each defendant charged under 75 Pa.C.S.A. ' 3731 and/or 75 Pa.C.S.A. '3801 et. seq. (relating to Driving Under the Influence) shall, prior to the ARD hearing be evaluated by an interviewer certified under the Court Reporting Network. Any statement made by the defendant during a Court Reporting Network evaluation and screening shall be made available to the court for the limited purpose of aiding the court to consider and rule upon a motion for Nolle Pros, ARD, plea and sentencing. Such statements obtained from the defendant shall be otherwise confidential and shall not be admissible for any other purposes in any criminal proceeding.

(c) If a defendant fails to obtain a CRN evaluation prior to the ARD hearing, his/her case may be removed from the scheduled ARD hearing list by the Court.



L.R. 506 Procedure for Filing Private Complaint (eff. June 15, 2004)

When an affiant, who is not a law enforcement officer, desires to file a criminal complaint, for other than a summary offense, he/she must appear before the District Justice of the Magisterial District where the offense is committed and request preparation of a complaint. The office of the District Justice will prepare a criminal complaint on the form prescribed by The Administrative Office of Pennsylvania Courts (AOPC) containing the information as required by Pa.R.Crim.P.No. 504.

Affiant shall submit the complaint to the attorney for the Commonwealth, who shall approve or disapprove it without unreasonable delay.

(a) If the complaint is disapproved, the affiant, may petition the Court of Common Pleas for review.



L.R. 511.1 Scheduling Conference in Summons Cases (eff. June 15, 2004; Recinded Sept. 26, 2006)

When criminal charges proceed by summons:

(a) The Defendant shall be sent, via first class mail, a Notice of Scheduling Conference, to be held on a specific date and time at the office of the District Justice where the charges are filed.



At that Scheduling Conference, the staff shall provide the Defendant with a copy of the complaint; the date of his or her preliminary hearing, set four weeks from the date of the Scheduling Conference; instructions to appear at the Beaver County Courthouse at a particular date and time and the right to counsel. The Defendant shall sign a form indicating that he or she has received the summons and instructions.

The Defendant shall also be sent a copy of the summons, complaint and Notice of Preliminary Hearing, via certified mail, in compliance with Pa. R. Crim. P.510 unless the Plaintiff has waived the requirement for certified mail at the time of signing the form at the Scheduling Conference.

If the defendant does not appear for the Scheduling Conference, no warrant shall be issued, but the Defendant shall be sent a summons, a copy of the complaint and a Notice of Preliminary Hearing, via certified mail, return receipt requested. The Preliminary Hearing is to be set four weeks from the mail date of the summons.



L.R. 524 Release on R.O.R. or Nominal Bail (eff. June 15, 2004)

For the administrative purposes of the Beaver County Pre-Trial Services Agency, any release of a defendant on his or her own recognizance shall be considered as release on nominal bail. Where a defendant is released on his or her own recognizance or on nominal bail, the court or issuing authority may designate the Beaver County Pre-Trial Services Agency as surety for the defendant and the defendant shall then become subject to the rules and regulations of that agency.



L.R. 528 Percentage Cash Bail System (eff. June 15, 2004)



A defendant, for whom bail has been set with the approval of the Court or the issuing authority or on the recommendation of the Beaver County Pre-Trial Services Agency, shall execute the bail bond and deposit, or cause to be deposited by a private third party surety with the issuing authority or the Clerk of Courts a sum of money equal to ten (10%) percent of the amount of bail set, but in no event less than twenty-five ($25.00) dollars. Corporate sureties or professional bail bondsman or agents thereof are expressly prohibited from posting the deposit for bail as provided in this rule.



L.R. 530 Designation of Local Bail Agency (eff. June 15, 2004)

The Court hereby designates and appoints the Beaver County Pre-Trial Services Agency to have the exclusive duties and powers of a bail agency for the 36th Judicial District of Beaver County, as provided for the Pa.R.Crim. P.No. 530. Whenever a defendant has failed to comply with the rules and regulations of the bail bond or of the bail agency or any additional conditions of his release, he may be brought before the Court to determine if additional bail shall be set in his case or bail revoked.

L.R. 540.1 Preliminary Hearing Scheduling (eff. June 15, 2004)

At the preliminary arraignment or at the time of issuance of summons, whether at the Scheduling Conference or by certified mail, the issuing authority shall schedule the preliminary hearing on a date and time assigned by the Court Administrator. The issuing authority shall give notice to defendant and the counsel for the defendant, if any, of the date and time selected. The issuing authority shall promptly transfer all papers to the Court Administrator.


L.R. 542 Preliminary Hearing; Preliminary Hearing Memorandum: Arraignment

(Eff. June 15, 2004; Recinded Sept. 4, 2006)

(a)Whenever a criminal defendant waives a preliminary hearing or when the District Justice finds that the Commonwealth has established a prima facie case, the case shall be scheduled for a non judicial pre-trial conference on a date, time and place assigned by the Court Administrator as well as a date, time and place the case is to be called for trial. The Defendant shall sign the Preliminary Hearing Memorandum containing the Notice of the non judicial pre-trial conference date and trial date.

(b) If the parties reach a plea agreement at or before the preliminary hearing, the defendant shall waive the preliminary hearing and the parties shall sign the preliminary hearing memorandum which shall contain a detailed plea agreement with the terms, conditions and recommendation of said plea agreement. Copies of the memorandum shall be delivered to the defendant and counsel for the defendant. The preliminary hearing memorandum shall contain notice of the expedited ARD, Plea and sentencing times and dates. It shall also contain notice of the date of the non judicial pre-trial conference and date of trial. The issuing authority shall transmit a copy of the preliminary hearing memorandum to the Court Administrator.

(c) When a defendant appears for his or her preliminary hearing, and if the case is waived, bound over or a plea agreement is reached, the defendant shall have bond set and be given a booking order to appear at the RBC within 5 days. The requirement to appear at the RBC shall be made a condition of bond, pursuant to Pennsylvania Rule of Criminal Procedure Rule 527. A copy of the Booking Order shall be faxed to the RBC by the Central Court clerical staff. RBC Staff will then review all non-judicial pre-trial lists and plea / ARD lists to check if the defendant has compiled with the condition of bond. If a Defendant has not complied then a warrant shall be issued for the Defendant=s arrest.

(d) If the case is continued, no bond is set nor is a booking order issued.

(e) If bond is set in an amount other than a nominal amount, the defendant will have to post that amount in the office of the district justice presiding at Central Court.

(f) If the defendant fails to appear for the preliminary hearing at the scheduled date and time, an arrest warrant shall be issued. The arrest warrant shall be given to the Beaver County Sheriff=s Department if an arrest warrant is issued, when it is executed, the defendant shall be arraigned, bond set and a preliminary hearing date shall be set within 3-10 days.

L.R. 542 Preliminary Hearing Scheduling; Continuances. (Eff. Sept. 5, 2006)
(A) At the preliminary arraignment or at the time of the issuance of a summons, the issuing authority shall schedule the preliminary hearing on a date and time assigned by the Court Administrator. The issuing authority shall give notice to the defendant and to counsel for the defendant, if any, of the date and time selected. The issuing authority shall promptly transfer all papers to the Court Administrator.

(B) The presiding Central Court Magisterial District Judge may, for cause shown, grant a continuance and shall note on the transcript every continuance together with:

(1) the grounds for granting each continuance;

(2) the party requesting the continuance;

(3) the new date and time of the preliminary hearing.

(C) Each Motion to Continue Preliminary Hearing shall contain the following information:

(1) the grounds for requesting each continuance;

(2) the name of opposing counsel and opposing counsel's position on the motion;

(3) the number of prior continuances, if any.

(D) Motions to Continue Preliminary Hearing made on the date of the Scheduled Hearing shall require the following:

(1) The moving party to personally appear before the presiding Magisterial District Judge in Central Court and present a written motion after notice to opposing counsel.
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The following are the rules adopted in Beaver County as of 2006 relating to criminal matters. The excerpt that follows is not meant to serve as legal advice or a substitute for the advice of a lawyer who is aware of the facts in your case.
Beaver County Rules of Criminal Procedure
Drunk Driving (DUI)
DUI, first offense, second offence, first tier, second tier, third tier (most serious)

Assault and Battery
Bar fights, mutual combat, defenses, domestic violence

Felony
Aggravated assault, conspiracy, drug charges

Bad Checks
Plea deals, restitution, avoiding jail time and heavy fines

Shoplifting
Retal theft cases in Pittsburgh and Beaver County

Disorderly Conduct
Disturbing the peace, Police going too far to find you guilty of something

Expunged Records
We get your charges expunged
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