Navigating Philadelphia’s legal landscape can be complex, but understanding the city’s court system is important for anyone involved in legal matters. Here’s a comprehensive guide to help you navigate Philadelphia’s legal system:
Philadelphia’s Court Structure
Philadelphia’s court system is part of the Unified Judicial System of Pennsylvania and has a unique structure compared to other counties in the state.
Municipal Court
The Philadelphia Municipal Court is a trial court of limited jurisdiction and serves as a substitute for the magisterial district courts existing throughout the remainder of Pennsylvania.
The Municipal Court is divided into three divisions:
- Criminal Division: misdemeanor, summary offense, and preliminary hearings in felony cases.
- Civil Division: Small claims up to $12,000, landlord-tenant matters, and civil enforcement claims
- Traffic Division: Summary offenses arising under the Pennsylvania Vehicle Code.
Court of Common Pleas
The Court of Common Pleas is the general trial court of Philadelphia County, and it is divided into three divisions:
- Trial Division: Major civil cases (over $12,000) and most felony criminal cases.
- Family Division: Domestic relations and juvenile matters.
- Orphans’ Court Division: Estates, wills, and trusts.
Understanding the Criminal Justice Process
If you are a participant in a criminal case in Philadelphia, here is how the process generally works:
- Arrest and Preliminary Arraignment: After arrest, a bail commissioner will conduct a preliminary arraignment in hours, advising you of charges and setting bail.
- Preliminary Hearing: If your charges are felonies, there will be a preliminary hearing in Municipal Court to decide if there is sufficient evidence for a trial.
- Misdemeanor Trials: These are conducted in Municipal Court.
- Felony Cases: The felony cases, after the preliminary hearing, go to the Court of Common Pleas for trial or other disposition.
- Pre-Trial Proceedings: In the Court of Common Pleas, there will be formal arraignments and pre-trial conferences.
Civil Cases
For civil cases:
- Claims of $12,000 or less are within the jurisdiction of the Municipal Court’s Civil Division.
- Claims over $12,000 and other complex civil cases are within the jurisdiction of the Court of Common Pleas’ Trial Division.
Seeking Legal Assistance
Given the complexity of the Philadelphia legal system, it is often a good idea to seek the advice of a licensed attorney. The Philadelphia Bar Association can provide referrals to attorneys in all legal specialty areas.
Alternative Dispute Resolution
The Philadelphia courts provide alternative dispute resolution programs, such as mediation services, that are less formal and sometimes less costly than traditional court proceedings.
Online Resources
The First Judicial District of Pennsylvania’s website is a great source of information about the court system, procedures, forms, and schedules.
The Philadelphia courts, therefore, call for patience and usually some professional advice to be followed. Whether charged with a criminal charge, a civil dispute, or a family law matter, knowing the structure and processes in place can mark the beginnings of managing one’s legal position in the City of Philadelphia.
For more detailed information or to address your specific legal concern, it is best to consult with Philadelphia attorney Bill Brennan, who is experienced in the Philadelphia court system.