What is Central Court in Luzerne County Pennsylvania?
If you or a loved one has had criminal charges filed against them, you probably have heard the term “Central Court.” In the context of Criminal Law, Central Court plays a unique role in the process and can be an excellent way for an experienced attorney to have some, or all of your charges, dropped
What Is Central Court?
Central Court is a specialized courtroom system in Pennsylvania designed to streamline preliminary hearings for criminal cases. This begs the question, what is a preliminary hearing. A preliminary hearing, or “Prelim,” is the first major step in the court process after someone is charged with a crime. At this stage, the court determines whether there is enough evidence to move the case forward to trial.
However, the standard at a preliminary hearing is not a high burden. All the Commonwealth must do at a Prelim is show there is probable cause that a crime was committed and the accused committed the crime. The finder of fact (the person who determines whether there is probable cause) at a preliminary hearing is a magistrate judge, who does not make any issues of credibility. So if your defense is that the police are offering an incorrect narrative, a preliminary hearing is not the proper time for the court to hear this argument. However, this does not mean you can never have a case dismissed at a preliminary hearing. Some common reasons a case might be dismissed are:
The witness does not wish for the case to proceed; or
The elements of a crime are not met;
What Happens in Central Court?
While the primary reason for a preliminary hearing in Luzerne County is for a preliminary hearing to be held, very often Central Court serves a different functions such as allowing for:
Bail Review- Central Court is a great time for a defendant to petition for a change or reduction in bail. Often times, the Commonwealth may allow for unsecured bail or ROR in exchange for waiving your right to a preliminary hearing
Arraignments – Sometimes formal arraignments will happen at Central Court.
Plea Agreements – In many cases, plea deals are negotiated here resulting in dropped charges.
Sentencing- For most level 3 misdemeanors or below, an accused can have the case end at Central Court, by entering in a plea of guilty. In many counties, such as Luzerne County, this can be particularly advantageous as the sentencing at Central Court will be more favorable than if the a plea is accepted at the Court of Common Pleas.
What Should You Expect If You’re Scheduled for Central Court?
Multiple Cases in One Session – Sometimes up to dozens of cases will be scheduled for the same day..
Waiting Time – Based on the amount of cases on for a given day, there can be a wait for your case to be called.
Negotiation Opportunities – Often times your attorney will be able to enter into a plea agreement at this stage.
Representation Matters – Having an attorney at this stage is crucial, as preliminary hearings determine whether your case moves forward. An experienced attorney may even be able to have the case dismissed in its entirety.