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Your Shamokin Criminal Defense Attorney
Few things are as stressful as waiting to learn what a criminal charge will mean. The steadying part is that Pennsylvania law is specific about how charges are graded, how long the Commonwealth has to bring them, and how a record can later be cleared. 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. Timing rules in criminal cases run on fixed dates, so learning them early usually helps more than trying to catch up later.
Deadlines, Trial Timing, and Records: The Short Version
- Most criminal charges must be started within 2 years of the offense, per 42 Pa.C.S. § 5552(a), while listed serious offenses carry 5 or 12 years.
- 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.
- 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.
- Every charge has a grade: felony of the first, second, or third degree, misdemeanor of the first, second, or third degree, or summary offense (18 Pa.C.S. § 106). The grade caps the penalty.
- 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).
What Do the Degrees of Felony and Misdemeanor Mean?
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.
Sentencing maximums follow the grade: 20, 10, and 7 years for felonies of the first, second, and third degree (18 Pa.C.S. § 1103); 5, 2, and 1 years for the three misdemeanor degrees (§ 1104); and 90 days for a summary offense (§ 1105). Each grade also has a fine limit (18 Pa.C.S. § 1101): $25,000 for a felony of the first or second degree, $15,000 for the third, $10,000 to $2,500 across the misdemeanor degrees, and $300 for a summary offense, with exceptions where a statute provides its own amount.
Two small rules from § 106 are worth knowing: an offense labeled a felony or misdemeanor with no degree is graded third degree, and one carrying no more than 90 days is summary.
Pennsylvania's Time Limits on Prosecution
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.
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).
A prosecution counts as started when an indictment is found or an information is issued, or when a warrant, summons, or citation is issued and executed without unreasonable delay (§ 5552(e)). Time also does not run while the accused is continuously outside Pennsylvania or has no reasonably ascertainable abode or work here, or while a prosecution for the same conduct is pending (§ 5554).
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Rule 600 Sounds Like a Strict Deadline. Here Is What Actually Decides Whether It Helps
Pennsylvania’s speedy trial rule, Rule 600 of the Rules of Criminal Procedure, says trial in a court case must begin within 365 days after the complaint is filed. It is a real right. A violation is raised by a written motion, the judge holds a hearing, and dismissal under the rule is with prejudice, meaning the charges cannot be brought again. Read the rule closely and the 365 days turns out to be adjustable. Delay caused by the Commonwealth without due diligence is counted, and everything else is excluded, including defense continuances, unavailability of the defendant or counsel, and time the defendant has waived.
Courts call the 365-day date the ‘mechanical run date’ and the date after excluded time the ‘adjusted run date.’ Whether a motion succeeds usually turns on the reasons for each continuance, which the judge must record along with who asked for it, and on whether the prosecution can show it acted with due diligence. A crowded court calendar does not automatically save a late trial: the Pennsylvania Supreme Court held in Commonwealth v. Harth (2021) that a trial court may rely on its own scheduling delay only after the Commonwealth has shown it exercised due diligence throughout the case.
For people in custody, Rule 600(B) sets 180 days. Only defense-caused delay is excluded from it, and if it is exceeded the defense can ask to be released on nominal bail, with the exception of cases where the law does not entitle the defendant to bail.
Which Court Handles a Shamokin 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 Shamokin, that trial court is the Court of Common Pleas of Northumberland County, which serves the Eighth Judicial District (42 Pa.C.S. §§ 901, 951). The county seat is Sunbury. Venue follows the location of the alleged offense: the proceeding is brought before the magisterial district where it is alleged to have occurred (Pa.R.Crim.P. 130).
What These Charges Mean in Pennsylvania
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 serious is a drug charge in Pennsylvania?
The law separates using or holding a drug from selling or moving it. Simple possession is a misdemeanor, up to one year and $5,000 (up to three years and $25,000 after a prior conviction); a small amount of marijuana, defined as 30 grams or 8 grams of hashish, is a misdemeanor with a 30-day and $500 ceiling; and delivery or possession with intent to deliver is a felony graded by drug and quantity, up to 15 years and $250,000 for a Schedule I or II narcotic (35 P.S. § 780-113).
Drug offenses punishable under section 13(f) of the Controlled Substance Act, the delivery-type offenses, fall on the five-year list in 42 Pa.C.S. § 5552(b)(2). Simple possession is not on that list, so the general two-year period applies to it.
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)).
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).
Does the value of the item matter in a theft case?
Yes, the value sets the grade. Under 18 Pa.C.S. § 3903, over $2,000 is a third-degree felony, $200 to $2,000 is generally a first-degree misdemeanor, $50 to under $200 a second-degree misdemeanor, and under $50 a third-degree misdemeanor, with higher felony grades for larger amounts and different rules when property was taken from a person. Retail theft has its own scale in § 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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Clearing a Record After a Charge in Pennsylvania
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.
Under § 9122.2, courts and the State Police process limited access automatically after the waiting time: five years for a summary offense, seven years free of another conviction punishable by a year or more for a second- or third-degree misdemeanor or a misdemeanor punishable by up to two years, and ten years for a qualifying drug offense, with restitution and the fee paid. Charges that ended without a conviction are included.
The petition route in § 9122.1 is for convictions the automatic process leaves out. Seven years without a new conviction is the waiting period for a qualifying misdemeanor, and ten years for certain felonies of the third degree or lower in categories like theft, forgery, criminal mischief, and criminal trespass. First- and second-degree felonies are not eligible, and the district attorney has 30 days to 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)).
Shamokin: Courts, Counties, and Getting Started
Deadlines and clocks are the same across Pennsylvania, and the courtroom is not. A charge in Shamokin is handled in Northumberland County, and getting the timeline for that court from an attorney who practices there is a sound first step.
Nearby cities we also cover: our coverage in Pottsville.
Frequently Asked Questions
How much time does the Commonwealth have to file criminal charges?
For most offenses, two years (42 Pa.C.S. § 5552(a)). Longer periods apply to listed offenses: five years for offenses such as aggravated assault, robbery, and theft, and twelve for rape and related crimes. A few offenses, including murder, have no limit (§ 5551).
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).
Do I have to go to court in Shamokin for a criminal charge?
Yes, in the magisterial district where the offense is alleged to have occurred (Pa.R.Crim.P. 130), and, if the case goes forward, in the Court of Common Pleas of Northumberland County. An attorney can tell you which appearances are required.
What if I am in custody and my trial keeps getting postponed?
The 180-day custody limit in Rule 600(B) counts delay caused by the Commonwealth and the court but not delay caused by the defense. If it is exceeded, a defense motion for nominal bail is the remedy, unless bail is not allowed.
Is a first DUI a felony in Pennsylvania?
Not by itself. A first DUI is a misdemeanor, with a maximum of six months in the general-impairment tier (75 Pa.C.S. § 3803(a)(1)). The grade rises with prior offenses and some aggravating facts, such as a minor in the vehicle, and reaches a felony of the third degree once there are three or more prior offenses (§ 3803(a)(3)).
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)).
Can a misdemeanor be expunged in Pennsylvania?
Usually through limited access, not expungement. A second- or third-degree misdemeanor can qualify for automatic Clean Slate limited access after seven years without a conviction for an offense punishable by a year or more (18 Pa.C.S. § 9122.2), and a qualifying misdemeanor can be petitioned for after seven years (§ 9122.1).
Is a limited access record the same as an expunged record?
No. Expungement removes the record, while limited access hides it from most requesters but leaves it in place and visible to criminal justice agencies (18 Pa.C.S. §§ 9121, 9122). After some expungements, a list of names is still kept under § 9122(c).
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