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Your Radnor Criminal Defense Attorney
A criminal charge brings a lot at once: a court date, questions about work and family, and no clear picture of what comes next. This page walks through the Pennsylvania rules that most often shape how a case in Radnor unfolds. 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 Delaware County practice can turn these general rules into a plan for your case.
Your Key Pennsylvania Rules in One Place
- 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.
- How long until trial? Rule 600 says 365 days from the complaint, adjusted for excluded delay, so a case can lawfully run longer than a year.
- 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).
- Records: Pennsylvania has three separate routes, expungement, Clean Slate limited access, and limited access by petition, and they are not interchangeable (18 Pa.C.S. §§ 9122 to 9122.2).
How Pennsylvania Grades Criminal Charges
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.
In numbers: first-degree felony, up to 20 years; second-degree, up to 10; third-degree, up to 7 (18 Pa.C.S. § 1103). First-degree misdemeanor, up to 5 years; second-degree, up to 2; third-degree, up to 1 (§ 1104). Summary offense, up to 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).
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.
How Long Does the Commonwealth Have to Bring Charges?
Pennsylvania’s general rule is short: unless another provision says otherwise, a prosecution must be started within two years after the offense (42 Pa.C.S. § 5552(a)). Many misdemeanors, and offenses such as simple assault and DUI, fall under that two-year rule.
Which period applies depends on the offense. Five years covers a long list that includes aggravated assault, terroristic threats, burglary, robbery, theft, forgery, and delivery-type drug offenses (§ 5552(b)); twelve years covers rape, incest, and related offenses (§ 5552(b.1)); and some offenses, including murder, have no limitation (§ 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 and Speedy Trial in Radnor: 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. 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.
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. 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.
A different, shorter limit protects someone held before trial: 180 days from the complaint under Rule 600(B). Only delay caused by the defense is excluded from that count, and the remedy is a motion for immediate release on nominal bail, unless bail is not available in the case. One point of confusion: Rule 1013 gives cases in Philadelphia Municipal Court a separate 180-day period, and it does not apply anywhere else in Pennsylvania.
How a Criminal Case Moves Through the Courts Near Radnor
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.
In Delaware County the Court of Common Pleas is the Thirty-second Judicial District (42 Pa.C.S. §§ 901, 951). It is the court that would try a serious charge from Radnor, and Media is the county seat. Under Pa.R.Crim.P. 130, a case is generally brought before the magisterial district where the offense is alleged to have taken place.
Common Charges: Straight Answers
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).
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).
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.
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).
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.
When does theft become a felony in Pennsylvania?
Value drives the grade. Theft of more than $2,000, or of a motor vehicle, is a third-degree felony, and a second-degree felony if $100,000 to under $500,000 (a first-degree felony at $500,000 or more), while theft below $2,000 is generally a first-degree misdemeanor, or second- or third-degree if under $200 or $50 and not taken from a person (18 Pa.C.S. § 3903). Retail theft follows a separate 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)).
Facing a charge in Radnor? Talk to an attorney about the dates in your case.
Can I Get This Expunged? Three Different Ways to Clear a Record
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, governed by 18 Pa.C.S. § 9122, actually removes the record, which is why it is limited. Non-conviction cases, acquittals on all charges (automatic), and cases dismissed after successful Accelerated Rehabilitative Disposition (Pa.R.Crim.P. 320) can qualify. A conviction generally cannot, except a summary offense after five arrest-free years or a person age 70 with ten arrest-free years.
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.
If the automatic process does not apply, a petition for limited access under 18 Pa.C.S. § 9122.1 may. It is available for a qualifying misdemeanor after seven years without a new conviction and for a specified third-degree or lower felony (such as theft, forgery, criminal mischief, or criminal trespass) after ten, but not for first- or second-degree felonies. Restitution and a fee must be paid, and the prosecutor may object.
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.
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)).
A Note on Radnor and the Local Courts
A charge from Radnor belongs to Delaware 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 Media and in the magisterial district that hears your case.
Hurt because of someone else’s carelessness? Read about personal injury claims in Radnor.
Nearby coverage: our coverage in Norristown.
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.
What do first-degree and third-degree mean for a criminal charge?
The degree marks how serious the charge is and how much a court may impose. A first-degree felony can bring up to 20 years, a third-degree felony up to 7, a first-degree misdemeanor up to 5, and a third-degree misdemeanor up to 1 (18 Pa.C.S. §§ 1103, 1104).
Can a summary offense be removed from my record?
Often, yes. A summary conviction can be expunged on petition after five years free of arrest or prosecution (18 Pa.C.S. § 9122(b)(3)), and it can qualify for automatic Clean Slate limited access after five years if restitution and the fee are paid (§ 9122.2).
Do I have to go to court in Radnor 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 Delaware County. An attorney can tell you which appearances are required.
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).
Does completing ARD count as a conviction?
ARD is a diversion program that can end in dismissal instead of a conviction, but it is not invisible: for retail theft, a prior ARD counts when deciding whether a later theft is a first, second, or subsequent offense (18 Pa.C.S. § 3929(b.1)), and for DUI, driving under the influence within 10 years after completing ARD is a separate offense (75 Pa.C.S. § 3802(h)(1)).
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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