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Your Altoona Criminal Defense Attorney
Nothing about a criminal charge in Altoona is small to the person facing it. Pennsylvania law gives you fixed reference points, from how a charge is graded to when a trial must start to what can eventually come off a record. The sections that follow cover how Pennsylvania grades charges, the time limits on prosecution, the speedy trial rule and its exceptions, and the three ways a record can be cleared. Talking with an attorney who knows Blair County practice can turn these general rules into a plan for your case.
Pennsylvania Criminal Deadlines at a Glance
- Time limit to bring most charges: 2 years, under the general rule in 42 Pa.C.S. § 5552(a). Listed offenses get longer periods, and a few have no limit at all.
- Speedy trial: 365 days under Rule 600, counted from the complaint, but only delay caused by the Commonwealth’s lack of diligence is counted against it.
- Held in jail before trial: 180 days is the limit on pretrial incarceration under Rule 600(B), after which you can ask for release on nominal bail, unless the law does not allow bail in your case.
- Grades run from summary offenses up to first-degree felonies, with three degrees each of felony and misdemeanor, and each grade has its own sentencing ceiling (18 Pa.C.S. § 106).
- Will it stay on my record? That depends on which of three routes fits: expungement, automatic Clean Slate limited access, or a petition for limited access (18 Pa.C.S. §§ 9122 to 9122.2).
Understanding the Grade of a Charge in Pennsylvania
The Crimes Code grades offenses in tiers (18 Pa.C.S. § 106): felonies of the first, second, and third degree, misdemeanors of the first, second, and third degree, and summary offenses. A charge’s grade is the quickest way to understand how serious it is.
By degree, a court may impose up to 20, 10, or 7 years for first-, second-, and third-degree felonies (18 Pa.C.S. § 1103), up to 5, 2, or 1 years for first-, second-, and third-degree misdemeanors (§ 1104), and up to 90 days for a summary offense (§ 1105). On fines, Pennsylvania allows up to $25,000 for the top two felony grades and $15,000 for a third-degree felony, then $10,000, $5,000, and $2,500 down the misdemeanor grades and $300 for a summary offense, unless the offense’s own statute says otherwise (18 Pa.C.S. § 1101).
If a statute says only ‘felony’ or ‘misdemeanor,’ the offense is a third-degree one, and anything with a maximum of 90 days or less is a summary offense (18 Pa.C.S. § 106).
Pennsylvania's Time Limits on Prosecution
For most offenses the Commonwealth has two years to start a prosecution (42 Pa.C.S. § 5552(a)). Offenses not named in the longer-period lists, such as simple assault and DUI, are subject to that general two-year rule.
The exceptions run long. Aggravated assault, burglary, robbery, theft, forgery, and offenses punishable under § 13(f) of the Controlled Substance Act are on a five-year list (§ 5552(b)), the most serious sexual offenses on a twelve-year list (§ 5552(b.1)), and murder and voluntary manslaughter can be prosecuted at any time (§ 5551).
The clock stops when a prosecution is ‘commenced,’ which happens when an indictment is found, an information is issued, or a warrant, summons, or citation is issued and served without unreasonable delay (§ 5552(e)). It does not run while the accused is continuously absent from Pennsylvania or has no ascertainable home or workplace here, or while another prosecution for the same conduct is pending (§ 5554).
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How Long Can Pennsylvania Take to Bring Me to Trial?
Rule 600 requires a court case to go to trial within 365 days after the complaint is filed. Enforcing it takes a motion by the defense and a hearing, and a dismissal under the rule is with prejudice. The catch is in the counting. Rule 600(C)(1) includes only delay caused by the Commonwealth’s failure to exercise due diligence, and it says any other delay is excluded. That takes out continuances requested by the defense, time the defendant or attorney is unavailable, and waived time.
The practical question is not whether 365 days passed but what the adjusted run date is. That depends on the recorded reasons for each delay and on whether the Commonwealth acted with due diligence, a fact-specific showing the court decides case by case. Results go both ways. In 2023 the Superior Court reversed a Philadelphia dismissal entered after 624 days because emergency orders had suspended Rule 600 for 521 of them (Commonwealth v. Malone), and in 2024 it upheld a different Philadelphia dismissal because the Commonwealth could not show diligence (Commonwealth v. Graves).
If you are held in jail before trial, a separate limit applies. No one may be held more than 180 days from the complaint, excluding only delay caused by the defense, and after that the defense can move for release on nominal bail, unless you are not entitled to bail in your case (Rule 600(B) and (D)(2)).
Which Court Handles an Altoona Criminal Case?
In Pennsylvania a criminal case generally begins with a magisterial district judge, who deals with summary offenses, arraignment, bail, and the preliminary hearing (42 Pa.C.S. § 1515), before the case goes on to the Court of Common Pleas.
For a charge arising in Altoona, that trial court is the Court of Common Pleas of Blair County, which serves the Twenty-fourth Judicial District (42 Pa.C.S. §§ 901, 951). The county seat is Hollidaysburg. Where an offense is alleged to have occurred decides the magisterial district that hears the case (Pa.R.Crim.P. 130).
Answers on the Charges We Hear About Most
How does Pennsylvania treat a first DUI charge?
A DUI charge is graded by tier and by prior offenses. Driving with a level of 0.08 to under 0.10, or while unable to drive safely, is general impairment; 0.10 to under 0.16 is high rate; 0.16 or more is highest rate (75 Pa.C.S. § 3802). A first general-impairment offense carries at least six months of probation and a $300 fine, a first high-rate offense at least 48 hours in jail and $500 to $5,000, and a first highest-rate offense at least 72 hours and $1,000 to $5,000 (§ 3804).
Accelerated Rehabilitative Disposition (ARD) is a diversion program that can end in dismissal and expungement of the arrest record (Pa.R.Crim.P. 320), but for a DUI it is not risk-free: since December 22, 2025, driving under the influence within 10 years after completing ARD for a DUI is a separate offense under 75 Pa.C.S. § 3802(h)(1), graded under § 3803(c).
How does Pennsylvania treat a small amount of marijuana?
Pennsylvania draws a specific line: a small amount of marijuana, meaning 30 grams or 8 grams of hashish, held only for personal use is a misdemeanor with a maximum of 30 days and $500 (35 P.S. § 780-113(a)(31), (g)). Possession of other controlled substances is a misdemeanor of up to a year and $5,000, and delivery or possession with intent to deliver is a felony graded by the drug.
For record clearing, a drug offense under section 13 of the Controlled Substance Act can qualify for automatic Clean Slate limited access after 10 years, unless the sentence was a minimum of 30 months or more or a maximum of 60 months or more (18 Pa.C.S. §§ 9102, 9122.2).
What is the difference between simple assault and aggravated assault?
Simple assault (18 Pa.C.S. § 2701) is generally a second-degree misdemeanor, up to two years and $5,000. It drops to a third-degree misdemeanor (one year, $2,500) if it happened in a fight entered into by mutual consent, and rises to a first-degree misdemeanor (five years, $10,000) if an adult 18 or older commits it against a child under 12. Aggravated assault (§ 2702) is a felony, first degree for some subsections and second degree for others.
The time limit differs by charge. Aggravated assault is on the five-year list in 42 Pa.C.S. § 5552(b), while simple assault falls under the two-year default, and certain aggravated assaults on a law-enforcement officer acting in the line of duty, where the accused knew the victim was an officer, have no limitation period at all (§ 5551).
Is retail theft a misdemeanor or a felony?
Retail theft (18 Pa.C.S. § 3929) can be either, depending on the facts. A first offense under $150 is only a summary offense and a second is a second-degree misdemeanor, but merchandise worth $150 or more is a first-degree misdemeanor, and a third or subsequent offense, an amount over $1,000, or a firearm or motor vehicle makes it a third-degree felony.
Amounts from retail thefts committed under one scheme or course of conduct can be added together, even across several stores, to set the grade (18 Pa.C.S. § 3929(b)(2)), and prior offenses count even when the earlier case ended in Accelerated Rehabilitative Disposition (§ 3929(b.1)).
Facing a charge in Altoona? Talk to an attorney about the dates in your case.
Expunged, Sealed, or Limited: Why the Difference Matters
Three routes exist for clearing a Pennsylvania record, and which one fits depends on how the case ended and how long ago. They are expungement, automatic Clean Slate limited access, and limited access by petition, and they are not interchangeable.
Expungement erases the record, but few convictions qualify. Under 18 Pa.C.S. § 9122 it reaches non-convictions, acquittals on all charges (automatically), and ARD completions (Pa.R.Crim.P. 320), plus two conviction paths: a summary offense after five years without arrest or prosecution, and age 70 with ten arrest-free years after release from confinement or supervision.
Clean Slate limited access needs no petition (18 Pa.C.S. § 9122.2). It applies to summary convictions after five years, to second- and third-degree misdemeanors and misdemeanors punishable by up to two years after seven years without a conviction for an offense punishable by a year or more, and to qualifying drug offenses after ten years, with restitution paid and a fee, and it includes non-conviction records.
Petition-based limited access (18 Pa.C.S. § 9122.1) asks a court to limit access to a qualifying misdemeanor after seven years without a new conviction, or to a listed lower-level felony after ten. The felony list is specific (including theft, forgery, criminal mischief, and criminal trespass), first- and second-degree felonies are excluded, restitution and the fee must be paid, and the district attorney may object.
Several categories are generally off the table: offenses against the person, offenses against the family, firearms offenses, offenses that require sex-offender registration, and corruption of minors (18 Pa.C.S. §§ 9122.1, 9122.3). Other convictions in a person’s history can also make them ineligible.
Limited access hides a record rather than removing it. Under 18 Pa.C.S. § 9121, the State Police and courts withhold it from most non-criminal-justice requests, yet criminal justice agencies retain access, and there are exceptions for child-welfare agencies, custody and protection-from-abuse proceedings, and federally required employment checks. Even a completed expungement, including one that follows a diversion or probation program, leaves the prosecutor and State Police with a list of names that may be used only to judge later program eligibility, identify people in investigations, and grade later offenses (§ 9122(c)).
Altoona: Courts, Counties, and Getting Started
Altoona cases are heard in Blair County. Knowing which court you will be in, and how it schedules cases, matters because the Rule 600 count depends on the reasons for each delay, and an attorney who handles Blair County matters can watch those dates for you.
Injury claims follow different Pennsylvania rules, covered on our Altoona personal injury page.
Nearby cities we also cover: our Punxsutawney page.
Frequently Asked Questions
Is there a statute of limitations on criminal charges in Pennsylvania?
Yes. The general limit is two years (42 Pa.C.S. § 5552(a)), with five years for a list of serious offenses and twelve years for major sexual offenses. Murder, voluntary manslaughter, and a few other offenses can be prosecuted at any time (§ 5551). The period stops running once a prosecution is commenced.
Is 365 days a hard deadline for my trial?
No. It is a starting point that adjusts. The count includes only Commonwealth delay without due diligence and excludes every other period (Pa.R.Crim.P. 600(C)(1)), and the judge must record who asked for each continuance and to whom the delay is attributed (Rule 600(C)(3)).
How does Pennsylvania grade crimes?
By class and degree under 18 Pa.C.S. § 106: felonies and misdemeanors are each divided into first, second, and third degree, and summary offenses sit below them. A statute that gives no degree is treated as third degree.
What is a summary offense in Pennsylvania?
The lowest grade of offense, one carrying no more than 90 days in jail (18 Pa.C.S. § 106(c)), with a default fine limit of $300 (§ 1101). A magisterial district judge handles them (42 Pa.C.S. § 1515).
Where will my criminal case be heard in Altoona?
It typically begins in a magisterial district in Blair County, chosen by where the offense is alleged to have occurred (Pa.R.Crim.P. 130), and a serious charge that goes forward is tried in the Court of Common Pleas of Blair County.
What is the 180-day rule for pretrial detention?
Rule 600(B) says no one may be held in pretrial incarceration more than 180 days from the complaint. Only delay caused by the defense is excluded, and the remedy is a motion for release on nominal bail, unless you are not entitled to bail.
Does a first DUI in Pennsylvania mean jail time?
It depends on the tier. General impairment (unable to drive safely, or 0.08 to under 0.10) brings at least six months of probation and a $300 fine for a first offense, while high rate (0.10 to under 0.16) means at least 48 hours in jail and highest rate (0.16 and above) at least 72 hours (75 Pa.C.S. § 3804).
Will ARD for a DUI count against me later?
It can. Since December 22, 2025, driving under the influence within 10 years after completing ARD for a DUI is a separate offense under 75 Pa.C.S. § 3802(h)(1), graded under § 3803(c).
What can be expunged from a Pennsylvania criminal record?
Non-conviction charges (by court order), an acquittal on all charges from the same conduct (automatic after a court notice and a 60-day window for the Commonwealth to object), cases dismissed after ARD, a summary conviction after five arrest-free years, and a record at age 70 after ten arrest-free years (18 Pa.C.S. § 9122; Pa.R.Crim.P. 320). Other convictions may qualify for limited access instead.
What does limited access mean on a Pennsylvania record?
The record still exists, but the State Police and courts must withhold it from most non-criminal-justice requests (18 Pa.C.S. § 9121). It is a restriction on who sees it, not a deletion.
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