Summary Trial Facts & Summary Trial FAQ's

What is a Summary Trial?

A Summary Trial is held for Summary offenses such as:

• Traffic Violations
• Speeding  / Inspection Violations  /  Failure to Signal  
• Public Drunkenness
• Underage Drinking
• Disorderly Conduct

Where does a Summary Trial take place?

A Summary Trial takes place in a court-room before the local Magisterial District Judge.

Who attends a Summary Trial?

• District Judge
• Defendant & Defendant's Attorney
• Commonwealth
• Police Officer
• District Attorney (occasionally)
• Witnesses 

Are witnesses allowed to testify at a Summary Trial?

Yes, witnesses are permitted to testify to what they observed. Both Defense and Commonwealth may call witnesses to testify.

What is the Procedure for a Summary Trial?

A Summary Trial begins with all parties expected to testify being sworn to tell the truth. 

The Commonwealth presents their case first.  They must prove each element of the offense that the Defendant allegedly committed.  They may call witnesses to testify to what they observed.

The Defense then presents their case offering any defenses, explanations, and testimony that they may have.  Like the Commonwealth, they may also call witnesses to testify as to what they observed.

Once all concluding argument is heard, the District Judge will announce a decision and the Summary Trial is concluded.

Can Summary Trial decisions be appealed?

Yes, an appeal must be done within thirty (30) days from the date of the District Judge's original decision.  In most counties, this is done at the County Clerk of Court's Office or Department of Court Records.  You will be required to pay an appeal fee.

Pittsburgh White-Collar Criminal Defense

Diversion of money?
Diversion of drugs like Fentanyl?

REMEMBER YOUR RIGHT TO REMAIN SILENT and contact Attorney Paletta at joseph@lawyerpaletta.com, or call 412.391.7999 immediately!

Delay at your own risk.

If you are a professional and have found yourself in the unfortunate position of being the target of an internal company investigation, or you have been charged with a crime, it is critical to discuss your situation with Attorney Paletta before speaking with ANYONE, especially law enforcement or an internal company investigator.  The actions you take first may determine your options later.  In other words, if your speak to law enforcement or an internal company investigator, you are likely to make "admissions" or "statements against your interest."  This circumstance will make it much more difficult if not impossible to present an effective defense even if one existed before making a statement.
Confer with Attorney Paletta first, understand your rights and possible defenses, and keep all your options open.  When in doubt, remain silent and consult with Attorney Paletta.

http://www.pittsburghcriminallawfirm.com/

"Pittsburgh Defense Attorneys Question Sandusky Strategy"

Attorney Paletta's view:

"Two veteran Pittsburgh defense lawyers questioned the decision by former Penn State University assistant football coach Jerry Sandusky's lawyer to waive his client's right to a preliminary hearing today.

Another Pittsburgh defense attorney, Joseph Paletta, said waiving the hearing "was certainly a reasonable decision under the circumstances."

One reason lawyers will do that is if an accuser doesn't appear or isn't available for the trial, the prosecutor could introduce the transcript of the witness's preliminary hearing testimony "to remedy that unavailability," Mr. Paletta said. Without it, the witness's no-show creates an "automatic win" for the defense at trial, he said.

Another reason supporting a decision to waive the hearing is that the victims' testimony was likely to be ugly and traumatic "with the likelihood that the case would be held for court anyway," he said."


Source: PostGazette, "Pittsburgh defense attorneys question Sandusky strategy" Jon Schmitz, Dec. 13, 2011

PROBATION / PAROLE

Parole and Probation Law in Pittsburgh

What is the difference between probation and parole?

Probation involves no imprisonment, and it is a conditional release of the defendant by the trial court after his or her conviction, under the control of the probationary officer.  Parole is a provisional release from confinement.

                                                 http://www.pittsburghcriminallawfirm.com/

SEARCH AND SEIZURE

Do I have the right to challenge a police search of my home, business, or other place?

Yes, you have the right to challenge a search if it involves a violation of your constitutional rights.

You must assert a reasonable subjective expectation of privacy in the place to be searched. Generally, you may object to any search that is made without a warrant, and those searches made pursuant to a warrant must be strictly limited to the places, items, and times specified in the warrant.

http://www.pittsburghcriminallawfirm.com/

EXPUNGEMENT

If you have ever been arrested and/or charged with a crime and the charges against you were Withdrawn, Dismissed, Nolle Prossed, or you were found Not Guilty, you may be under the INCORRECT assumption that these charges will disappear from your record.

You MUST understand that even if you have been found NOT GUILTY of a crime that you were charged with, you may still face future losses or consequences due to the allegations that were once against you.

In Pennsylvania, when you are charged with a crime regardless of the disposition, case information will still appear on your record which could have an impact on certain aspects of your life.

You may be ineligible for employment opportunities & professional licenses. You may also be incapable of reaching certain academic goals.

Attorney Paletta has worked with hundreds of clients who find themselves in a situation similar to one above and is here to help you.

If you have charges on your record that were Withdrawn, Dismissed, Nolle Prossed, or you were found Not Guilty, it is important to contact Attorney Paletta to have these charges Expunged from your record and diminish the future consequences that may arise.

http://www.palettalaw.com/criminal-charges-pittsburgh/