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Your Wilkes-Barre 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. Keep reading for the time limits, the truth about the 365-day trial rule, straight answers on DUI, drug, assault, and theft charges, and how expungement, Clean Slate, and limited access differ. Talking with an attorney who knows Luzerne County practice can turn these general rules into a plan for your case.
Quick Answers on Charges, Deadlines, and Records
- 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.
- Trial clock: 365 days from the date the complaint is filed (Pa.R.Crim.P. 600). Delay that is not the Commonwealth’s fault does not count, so the real deadline is often later.
- Sitting in jail awaiting trial: 180 days is the ceiling under Rule 600(B), after which release on nominal bail can be requested unless bail is not available 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).
What Do the Degrees of Felony and Misdemeanor Mean?
Pennsylvania sorts crimes into classes under 18 Pa.C.S. § 106. Felonies are graded first, second, or third degree, misdemeanors are graded first, second, or third degree, and the lowest level is a summary offense. The grade matters because it sets the ceiling on the sentence.
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). The fine ceilings under 18 Pa.C.S. § 1101 are $25,000 for first- and second-degree felonies, $15,000 for third-degree felonies, $10,000 for a first-degree misdemeanor, $5,000 for a second-degree misdemeanor, $2,500 for a third-degree misdemeanor, and $300 for a summary offense, subject to any specific statute.
When a statute calls an offense a felony or misdemeanor without naming a degree, it is treated as a third-degree offense, and an offense is summary if the most that can be imposed is 90 days (18 Pa.C.S. § 106).
Time Limits on a Criminal Charge in Wilkes-Barre
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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Rule 600 and Speedy Trial in Wilkes-Barre: The Honest Answer
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. 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.
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. Because the count depends on why time passed, two cases with the same 365 days can end differently. One may be dismissed for the Commonwealth’s lack of diligence and another may go forward because the delay came from continuances, waived time, or circumstances the prosecution could not control.
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)).
The Courts Behind a Wilkes-Barre Criminal Charge
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.
A Wilkes-Barre case that reaches trial goes to the Court of Common Pleas of Luzerne County. That court is the Eleventh Judicial District (42 Pa.C.S. §§ 901, 951), and Wilkes-Barre is the county seat. 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
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).
Different limits apply to some drivers. A minor can be charged at 0.02, and commercial drivers face 0.04 (0.02 for a school bus or school vehicle) under 75 Pa.C.S. § 3802(e) and (f), so the standard in the tiers above is not the only one.
Is possession with intent to deliver a felony?
Yes. Manufacturing, delivering, or possessing with intent to deliver a controlled substance is a felony under 35 P.S. § 780-113, and the maximum depends on the substance and amount, up to 15 years and $250,000 for a Schedule I or II narcotic. Simple possession, by comparison, is a misdemeanor of up to one year and $5,000, and a small amount of marijuana (30 grams or 8 grams of hashish) up to 30 days and $500.
A prior final conviction under the Act raises the possession ceiling from one year and $5,000 to three years and $25,000 (35 P.S. § 780-113(b)), which is one reason a record’s accuracy and its clearing matter.
How serious is an assault charge in Pennsylvania?
Assault is graded by how serious the alleged conduct is. Simple assault is a second-degree misdemeanor unless it was a mutual fight (third degree) or committed by an adult against a child under 12 (first degree) (18 Pa.C.S. § 2701). Aggravated assault is a felony: first degree under subsections (a)(1), (2), and (9) and second degree under the other subsections (§ 2702(b)), with maximums of 20 and 10 years.
Which subsection is charged decides the grade, so the charging document matters: the same incident can be charged as simple or aggravated assault, and the difference is a misdemeanor versus a felony (18 Pa.C.S. §§ 2701, 2702).
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).
A theft charge turns on proving value and the taking, so how the property was valued, at market value at the time and place of the offense or replacement cost, can change the grade (18 Pa.C.S. § 3903(c)).
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Expunged, Sealed, or Limited: Why the Difference Matters
‘Will this stay on my record?’ has three different answers in Pennsylvania, because expungement, Clean Slate limited access, and petition-based limited access are separate tools with separate rules. Mixing them up leads to the wrong expectations, so it helps to take them one at a time.
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.
Automatic limited access under 18 Pa.C.S. § 9122.2 works on a schedule: five years after judgment for a summary conviction, seven years conviction-free (for offenses punishable by a year or more) for misdemeanors of the second or third degree and misdemeanors punishable by two years or less, and ten years for a qualifying drug offense. Restitution and the fee must be paid, and non-conviction records are covered.
For everything else, § 9122.1 allows a petition. A qualifying misdemeanor becomes eligible after seven years without a new conviction, and a felony of the third degree or lower in specific categories (theft, forgery, criminal mischief, criminal trespass) after ten. Higher-degree felonies are excluded, restitution and a fee are required, and the prosecutor can object within 30 days.
Some offenses are excluded by category. Crimes against the person, crimes against the family, firearms offenses, sex-offender-registration offenses, and corruption of minors cannot use most of these routes (18 Pa.C.S. §§ 9122.1, 9122.3), and a person’s other convictions can limit eligibility as well.
Be realistic about what ‘limited access’ does. It keeps the record out of most background checks by requiring the State Police and the courts to withhold it (18 Pa.C.S. § 9121), but it does not destroy it. Criminal justice agencies still see it, and child-welfare agencies, custody and protection-from-abuse cases, and employers subject to federal review requirements can still obtain it. And after an expungement, including one tied to a diversion or probation program, a list of names is still kept, used only for later program eligibility, for identifying people in criminal investigations, and for grading later offenses (§ 9122(c)).
Wilkes-Barre: Courts, Counties, and Getting Started
The rules on this page are statewide, but the practical details are local. For a Wilkes-Barre case that means Luzerne County, the Court of Common Pleas of Luzerne County, and the county seat of Wilkes-Barre. Asking a local attorney how long cases usually take there helps put the 365-day rule in context.
Hurt because of someone else’s carelessness? Read about personal injury claims in Wilkes-Barre.
Nearby coverage: criminal defense representation from Towanda.
Frequently Asked Questions
Can I still be charged for something that happened years ago?
Possibly. The two-year default gives way to five years for listed offenses such as aggravated assault, burglary, robbery, and theft, twelve years for major sexual offenses, and no limit for murder and voluntary manslaughter (42 Pa.C.S. §§ 5551, 5552). The period also pauses in some situations, such as continuous absence from Pennsylvania (§ 5554).
What happens if the Commonwealth takes too long to bring my case to trial?
The remedy is a motion to dismiss with prejudice, heard by a judge (Rule 600(D)). Whether it succeeds depends on how much delay counts against the Commonwealth, the recorded reasons for each continuance, and its showing of due diligence, so results vary from case to case.
How much prison time can a felony carry in Pennsylvania?
Up to 20 years for a felony of the first degree, 10 for the second, and 7 for the third (18 Pa.C.S. § 1103), with fines up to $25,000 for the first two degrees and $15,000 for the third (§ 1101).
What is the penalty for a summary offense?
Up to 90 days in jail and, unless another statute says otherwise, a fine of up to $300 (18 Pa.C.S. §§ 1105, 1101). Some summary offenses have their own fines set by the statute that creates them.
Which court handles a criminal case in Luzerne County?
The trial court is the Court of Common Pleas of Luzerne County, part of the judicial district that covers Luzerne County (42 Pa.C.S. §§ 901, 951). Early proceedings happen before a magisterial district judge.
Can I be held in jail for a year waiting for trial?
Generally no. Rule 600(B) limits pretrial incarceration to 180 days from the complaint, excluding only delay caused by the defense, and the defense can move for release on nominal bail after that, unless the law does not entitle you to bail.
What is the penalty for a first DUI in Pennsylvania?
It rises with the tier: six months of probation and $300 (general impairment), 48 consecutive hours and $500 to $5,000 (high rate), or 72 consecutive hours and $1,000 to $5,000 (highest rate, refusal, or controlled substances), plus alcohol highway school and treatment (75 Pa.C.S. § 3804).
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).
Does limited access hide my record from employers?
From most of them, yes. The State Police and the courts must withhold a limited-access record from most background checks (18 Pa.C.S. § 9121), but criminal justice agencies, child-welfare agencies, custody and protection-from-abuse cases, and employers under federal screening rules can still get it.
Talk to an Attorney About Your Wilkes-Barre Case
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