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Your Norristown Criminal Defense Attorney
If you or someone you care about is facing a charge in Norristown, 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. Talking with an attorney who knows Montgomery County practice can turn these general rules into a plan for your case.
The Short Answers: Time Limits, Trial Timing, 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.
- 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.
- 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).
- Cleaning up a record means choosing among expungement, Clean Slate limited access, and a petition for limited access, which differ in waiting time and effect (18 Pa.C.S. §§ 9122 to 9122.2).
The Grading System Behind Your Charge
A charge is not just ‘a felony’ or ‘a misdemeanor.’ Pennsylvania divides each into three degrees (18 Pa.C.S. § 106), and summary offenses form a separate, lower class, so the exact grade is worth finding out early.
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.
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).
Time Limits on a Criminal Charge in Norristown
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.
Longer periods apply to listed offenses. Five years covers aggravated assault, terroristic threats, arson, burglary, robbery, theft offenses, forgery, and offenses punishable under section 13(f) of the Controlled Substance Act, among others (§ 5552(b)). Twelve years covers rape, sexual assault, incest, and similar offenses (§ 5552(b.1)). Murder and voluntary manslaughter have no limit at all (§ 5551).
Under § 5552(e), a case is commenced when an indictment is found, an information is issued, or a warrant, summons, or citation is issued and promptly executed. Section 5554 adds pauses for someone continuously absent from Pennsylvania or without a reasonably ascertainable home or job here, and while a prosecution for the same conduct is pending.
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Rule 600 Sounds Like a Strict Deadline. Here Is What Actually Decides Whether It Helps
Under Pa.R.Crim.P. 600, a trial in a court case must commence within 365 days of the complaint. The remedy is not automatic: the defense files a written motion, the court holds a hearing, and if the rule was violated the dismissal is with prejudice, so the charges cannot be refiled. How the days are counted is what matters. Under Rule 600(C), time lost to the Commonwealth’s lack of diligence is included, and all other delay is excluded, so a case can lawfully run past 365 days when the delay came from the defense, from a waiver, or from circumstances the prosecution could not control.
In practice the fight is over the adjusted date. The judge is required to record who requested each continuance and whether the time is included or excluded (Rule 600(C)(3)), and the Commonwealth carries the burden of showing due diligence before it can rely on excluded time. 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).
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.
The Courts Behind a Norristown Criminal Charge
Most Pennsylvania criminal cases begin before a magisterial district judge, who handles summary offenses, arraignments, and bail, and sits as the committing magistrate at preliminary hearings (42 Pa.C.S. § 1515). Charges that continue past that stage are tried in the Court of Common Pleas.
For a charge arising in Norristown, that trial court is the Court of Common Pleas of Montgomery County, which serves the Thirty-eighth Judicial District (42 Pa.C.S. §§ 901, 951). The county seat is Norristown. The magisterial district for a case is generally the one where the offense is alleged to have occurred (Pa.R.Crim.P. 130).
The Charges Behind Most Calls From Norristown
Does my blood alcohol level change what I face on a DUI?
Yes, the number matters a great deal. A level of 0.08 to under 0.10 is general impairment, 0.10 to under 0.16 is high rate, and 0.16 or above is highest rate (75 Pa.C.S. § 3802), and each step up brings a higher minimum for a first offense: six months of probation and $300, then 48 hours in jail and $500 to $5,000, then 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).
What is the penalty for shoplifting in Pennsylvania?
Shoplifting is charged as retail theft under 18 Pa.C.S. § 3929. A first offense involving merchandise worth less than $150 is a summary offense, a second offense under $150 is a second-degree misdemeanor, $150 or more is a first-degree misdemeanor, and a third or later offense, or one over $1,000, is a third-degree felony.
Theft offenses (18 Pa.C.S. §§ 3921 to 3933) are on the five-year list in 42 Pa.C.S. § 5552(b), so the Commonwealth has more time to bring them than the two-year default.
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Expunged, Sealed, or Limited: Why the Difference Matters
Whether a charge can come off a record depends on which of three mechanisms applies. Expungement, Clean Slate limited access, and petition-based limited access work differently, so the first step is working out which one matches your case.
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.
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.
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)).
Norristown: Courts, Counties, and Getting Started
A charge from Norristown belongs to Montgomery County and its Court of Common Pleas. Local practice, such as how quickly cases are listed and how continuances are handled, shapes how the general rules on this page play out, and a local attorney can tell you what that looks like in Norristown and in the magisterial district that hears your case.
Hurt because of someone else’s carelessness? Read about personal injury claims in Norristown.
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 happens if I am charged with a summary offense?
It usually starts and finishes before a magisterial district judge, who has jurisdiction over summary offenses (42 Pa.C.S. § 1515). The penalty ceiling is 90 days and a $300 fine unless another statute provides otherwise (18 Pa.C.S. §§ 1105, 1101).
Which court handles a criminal case in Montgomery County?
The trial court is the Court of Common Pleas of Montgomery County, part of the judicial district that covers Montgomery County (42 Pa.C.S. §§ 901, 951). Early proceedings happen before a magisterial district judge.
Is there a limit on pretrial jail time in Pennsylvania?
Yes: 180 days from the complaint, excluding only defense-caused delay (Pa.R.Crim.P. 600(B)). The exception is a defendant who is not entitled to bail under Pennsylvania law.
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).
What happens to my arrest record after ARD?
After successful completion and dismissal, the judge also orders the arrest record expunged, unless the Commonwealth files an objection within 30 days after the dismissal motion is served (Pa.R.Crim.P. 320). The prosecutor and the State Police still keep a list of names, used only for later program eligibility, identifying people in criminal investigations, and grading later offenses (18 Pa.C.S. § 9122(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.
Talk to an Attorney About Your Norristown Case
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