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Your Huntingdon Criminal Defense Attorney
If you or someone you care about is facing a charge in Huntingdon, you are probably looking for straight answers more than legal theory. Pennsylvania sets grading, time limits, and a speedy trial rule by statute and court rule, so many of those answers can be checked. You will find the deadlines first, then the trial-timing rule, the courts, the most common charges, and finally what can be cleared from a record and how. A local attorney who handles Huntingdon County cases can tell you which of these rules apply to your situation.
Pennsylvania Criminal Deadlines at a Glance
- 2 years is the default for the Commonwealth to start most prosecutions (42 Pa.C.S. § 5552(a)). Some offenses run 5 or 12 years, and murder has no limit.
- Rule 600 sets 365 days from the complaint to the start of trial. Time caused by other things, including defense continuances, is excluded, which is why it is not a simple countdown.
- If you are in custody, the limit is 180 days from the complaint (Rule 600(B)). After that a motion for release on nominal bail is available, except where bail is not allowed.
- Felony, misdemeanor, or summary? Pennsylvania grades each offense by degree, and the degree sets the ceiling on prison time and fines (18 Pa.C.S. §§ 106, 1101, 1103 to 1105).
- Clearing a record: expungement, automatic Clean Slate limited access, and petition-based limited access are three different tools with different waiting periods (18 Pa.C.S. §§ 9122, 9122.1, 9122.2).
The Grading System Behind Your Charge
Every Pennsylvania criminal charge carries a grade. Section 106 of Title 18 lists them: first-, second-, and third-degree felonies, first-, second-, and third-degree misdemeanors, and summary offenses at the bottom.
The ceilings are set by statute. A first-degree felony can bring up to 20 years, a second-degree felony up to 10, and a third-degree felony up to 7 (§ 1103), while misdemeanors are capped at 5, 2, and 1 years (§ 1104) and summary offenses at 90 days (§ 1105). Fines follow the same ladder: $25,000 (first- and second-degree felonies), $15,000 (third-degree felony), $10,000, $5,000, and $2,500 (misdemeanors of the first, second, and third degree), and $300 (summary offenses), unless another statute sets a different figure (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).
How Long Does the Commonwealth Have to Bring Charges?
Start with the general rule: two years from the offense (42 Pa.C.S. § 5552(a)). It applies to offenses that no special provision lengthens, including simple assault and DUI, which are not on the five-year list.
Certain offenses get more time. The five-year list in § 5552(b) includes aggravated assault, robbery, burglary, theft, forgery, and drug offenses punishable under § 13(f) of the Controlled Substance Act. A twelve-year period applies to major sexual offenses (§ 5552(b.1)), and § 5551 removes the limit for murder, voluntary manslaughter, and a few other offenses.
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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The 365-Day Trial Rule: What It Really Means
Rule 600 sets a 365-day period, counted from the day the complaint is filed, for a trial to begin. If the rule was violated, the defense can file a written motion asking the court to dismiss the charges with prejudice, and the judge must hold a hearing on it. But 365 days is only a starting point. Under Rule 600(C), only delay caused by the Commonwealth when it failed to use due diligence counts against it. Every other period of delay is excluded, including continuances the defense asks for, time when the defense is unavailable, and any period the defendant waives.
Judges work from two dates, the ‘mechanical run date’ (the complaint plus 365 days) and the ‘adjusted run date’ (after excluded time). The record of each continuance, including who asked for it and why, and the prosecution’s proof of due diligence, usually decide which side the numbers favor. 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).
Time in jail is measured separately. Under Rule 600(B) a person may not be held more than 180 days before trial, excluding only defense delay, and (D)(2) provides a motion for release on nominal bail, except where the defendant is not entitled to bail. Cases in Philadelphia Municipal Court follow their own rule, Rule 1013, with a 180-day period, which is why a Philadelphia timeline can look different from one in Huntingdon County.
Which Court Handles a Huntingdon 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.
The trial court for Huntingdon is the Court of Common Pleas of Huntingdon County, part of the Twentieth Judicial District (42 Pa.C.S. §§ 901, 951), and the county seat is Huntingdon. Where an offense is alleged to have occurred decides the magisterial district that hears the case (Pa.R.Crim.P. 130).
What These Charges Mean in Pennsylvania
Is a DUI a misdemeanor in Pennsylvania?
For most first offenses, yes: a first DUI in the general-impairment tier is a misdemeanor with a maximum of six months (75 Pa.C.S. § 3803), and the tiers above it start with mandatory jail time. The tiers are 0.08 to under 0.10 or inability to drive safely, 0.10 to under 0.16, and 0.16 or more (§ 3802), with first-offense minimums of six months of probation and $300, 48 hours and $500 to $5,000, and 72 hours and $1,000 to $5,000 (§ 3804).
Refusing a breath test or blood test under a valid warrant changes the tier: a general-impairment charge with a refusal is sentenced under the highest tier, with at least 72 consecutive hours in jail and a $1,000 to $5,000 fine for a first offense (75 Pa.C.S. §§ 3803, 3804(c)).
What is the difference between drug possession and drug delivery charges?
Possession of a controlled substance is a misdemeanor punishable by up to one year and a fine up to $5,000, and up to three years and $25,000 after a prior final conviction. A small amount of marijuana for personal use (30 grams or 8 grams of hashish) is a misdemeanor punishable by up to 30 days and $500. Manufacture, delivery, or possession with intent to deliver is a felony whose maximum depends on the drug, for example up to 15 years and $250,000 for a Schedule I or II narcotic (35 P.S. § 780-113).
Because the maximum turns on the exact substance and the schedule it falls in (35 P.S. § 780-113(f)), the charging document matters. Reading it closely is one of the first things an attorney does.
Is simple assault a felony?
Simple assault is not a felony. It is a second-degree misdemeanor in most cases, with a maximum of two years, and a third-degree misdemeanor in a mutual-consent fight or a first-degree misdemeanor against a child under 12 by an adult (18 Pa.C.S. § 2701). Aggravated assault, by contrast, is a first- or second-degree felony (§ 2702(b)).
Because a first-degree felony carries a 20-year maximum and a second-degree misdemeanor two years (18 Pa.C.S. §§ 1103, 1104), a change from an aggravated to a simple assault charge changes what is at stake in a case.
How does Pennsylvania grade theft charges?
Theft is graded mainly by value (18 Pa.C.S. § 3903). Over $2,000, or a motor vehicle, is a third-degree felony; $100,000 to under $500,000 is a second-degree felony; $500,000 or more is a first-degree felony. Most other theft is a first-degree misdemeanor, with second-degree ($50 to under $200) and third-degree (under $50) misdemeanors when the property was not taken from a person or by threat. Retail theft has its own scale (§ 3929).
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)).
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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.
True expungement under 18 Pa.C.S. § 9122 is the narrowest tool. It applies to non-conviction outcomes, to an acquittal on all charges (automatic), and to a dismissed case after successful Accelerated Rehabilitative Disposition (Pa.R.Crim.P. 320). Convictions qualify only if they are summary offenses with five arrest-free years, or the person is 70 and has been free of arrest for ten years after release from confinement or supervision.
The automatic route is Clean Slate limited access (18 Pa.C.S. § 9122.2). No petition is needed. Summary convictions qualify after five years, second- and third-degree misdemeanors (and misdemeanors punishable by two years or less) after seven years free of any conviction punishable by a year or more, and qualifying drug offenses after ten years, provided restitution and the fee are paid. Non-convictions are covered too.
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.
Eligibility has limits beyond time. For most routes, offenses against the person, offenses against the family, firearms offenses, offenses requiring sex-offender registration, and corruption of minors are excluded (18 Pa.C.S. §§ 9122.1, 9122.3), and a history of other convictions can disqualify someone.
The effect of each order differs. Limited access requires State Police and courts to withhold the record from most requesters (18 Pa.C.S. § 9121) without erasing it, so criminal justice agencies and a few others (child-welfare agencies, custody and protection-from-abuse cases, federally required employment checks) can still see it. Expungement removes the record, though the prosecutor and State Police still keep a list of names after an expungement (including one following a diversion or probation program), used only for later program eligibility, criminal investigations, and grading later offenses (§ 9122(c)).
Local Court Details for Huntingdon
Huntingdon cases are heard in Huntingdon 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 Huntingdon County matters can watch those dates for you.
Hurt because of someone else’s carelessness? Read about personal injury claims in Huntingdon.
Nearby cities we also cover: our coverage in Altoona.
Frequently Asked Questions
What is the time limit to prosecute a crime in Pennsylvania?
Two years is the general rule under 42 Pa.C.S. § 5552(a). Five-year and twelve-year lists extend it for specific offenses, and a few offenses have no time limit (§ 5551). A prosecution counts as begun when a warrant, summons, or citation is issued and served without unreasonable delay.
Will my charges be dropped if I do not get a trial within a year?
Not just because a year passes. Under Rule 600 the count adds only Commonwealth delay caused by a lack of due diligence and excludes other delay, so the real deadline can be later. The defense must file a motion and the judge holds a hearing; a dismissal is with prejudice.
How serious is a misdemeanor in Pennsylvania?
Even a misdemeanor can matter: a first-degree misdemeanor carries up to 5 years and $10,000, a second-degree up to 2 years and $5,000, and a third-degree up to 1 year and $2,500 (18 Pa.C.S. §§ 1101, 1104).
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).
What happens before a magisterial district judge?
Magisterial district judges handle summary offenses, arraignments, and bail, and sit as the committing magistrate for preliminary hearings (42 Pa.C.S. § 1515). Charges that continue go to the Court of Common Pleas.
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.
What are the DUI tiers in Pennsylvania?
General impairment (unable to drive safely, or 0.08 to under 0.10 within two hours), high rate (0.10 to under 0.16), and highest rate (0.16 or above), plus separate controlled-substance and lower-limit rules for minors and commercial drivers (75 Pa.C.S. § 3802).
What is Accelerated Rehabilitative Disposition?
A diversion program that can end in dismissal of the charges and expungement of the arrest record (Pa.R.Crim.P. 320). For a DUI, driving under the influence within 10 years after completing ARD is a separate offense (75 Pa.C.S. § 3802(h)(1)).
Will my conviction ever come off my record?
Some can, but usually through limited access, not expungement. Summary offenses qualify for automatic Clean Slate after five years, certain misdemeanors after seven years, and qualifying drug offenses after ten (18 Pa.C.S. § 9122.2), and a petition covers more (§ 9122.1).
What are the exclusions for Clean Slate in Pennsylvania?
For automatic Clean Slate limited access, convictions for offenses involving danger to the person, offenses against the family, firearms offenses, offenses requiring sex-offender registration, animal cruelty, and corruption of minors are excluded, as is anyone who has ever been convicted of a felony other than a qualifying drug offense, or of several other serious offenses (18 Pa.C.S. § 9122.3(a)).
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