What happens after an arrest in Berks County

After an arrest in Berks County, a criminal case moves through a set order of steps: booking, a first hearing called a preliminary arraignment where a judge sets bail, a preliminary hearing where a judge decides whether the case goes forward, and, for cases that do, a formal arraignment in the county's trial court.

Two systems handle the case at different stages. A magisterial district judge, the local judge who runs a neighborhood court, handles the early steps. If the case advances, it moves up to the Court of Common Pleas, the county's trial court, at the Berks County Courthouse, 633 Court Street in Reading. What follows is the path an adult felony or misdemeanor case takes. Summary offenses, the least serious charges, stay with the district judge and are covered at the end.

Step 1: Booking

Police take the arrested person to Central Booking, run by the Berks County Sheriff's Office at the courthouse. It operates 24 hours a day, seven days a week. Deputies take fingerprints and photographs, send the fingerprints to the Pennsylvania State Police for an identity check, and pull the person's criminal-history record so the judge can see it.

Booking is a records step, not a court hearing. The person is not asked to enter a plea here.

Step 2: Preliminary arraignment and bail

Soon after booking comes the preliminary arraignment, the first appearance before a magisterial district judge. In Berks County this often happens by video: the person appears from Central Booking over a closed-circuit television link with the on-duty judge. After business hours, a rotating Central Arraignment Court at the courthouse keeps at least one judge on duty.

At this hearing the judge tells the person the charges, informs them of the right to a lawyer and the right to a preliminary hearing, and sets bail. Bail is not a finding of guilt. It is the condition for release while the case is pending, and it can take several forms under the state Rules of Criminal Procedure:

• Released on your own recognizance, a written promise to show up with no money required.
• Unsecured bail, a dollar amount owed only if the person fails to appear.
• Monetary bail, an amount that must be posted before release.

If the judge sets a monetary amount, it can be paid at any time before the case file moves up to the trial court. If bail is not set at the preliminary arraignment, only an arraignment master can set it later, and only if the assistant district attorney agrees.

Step 3: The preliminary hearing

The judge sets a date for the preliminary hearing at the preliminary arraignment. Under the state Rules of Criminal Procedure, it is held no later than 14 days after the preliminary arraignment when the person is in jail on that case, or no later than 21 days otherwise, unless a judge extends the date for cause. For cases charged in the City of Reading's five districts, the hearing is held at Reading Central Court on the first floor of the courthouse; elsewhere it is held before the district judge for the area where the crime is charged.

The preliminary hearing does not decide guilt. The district attorney only has to show a prima facie case, meaning enough evidence that an offense was committed and that this person committed it. That is a lower bar than the proof beyond a reasonable doubt a trial requires. One of a few things can happen:

1. The judge finds a prima facie case and holds the charges for court, meaning they are sent up to the Court of Common Pleas.
2. Some charges are held for court and others are reduced or dismissed.
3. The person waives the hearing, giving up the challenge and sending the case forward without testimony.

Step 4: Formal arraignment in the trial court

Once a case is held for court, it moves to the Court of Common Pleas, the county trial court in the 23rd Judicial District. The next step there is the formal arraignment, a short proceeding where an arraignment master or judge reads the full list of charges the district attorney is pursuing, called the criminal information, and sets a date for the next hearing. A defendant who has a lawyer can waive the formal arraignment and receive the paperwork without appearing.

After arraignment the case enters the pretrial stage in the trial court, where the sides exchange information, file motions, and the case ends in a guilty plea, a diversion program, or a trial.

Getting a lawyer

The right to a lawyer applies from the first hearing. Anyone who cannot afford one can ask the Berks County Public Defender's Office, which represents people the court finds cannot pay. Apply by filling out a financial application in person on the 12th floor of the courthouse, Monday through Friday from 8 a.m. to 4 p.m., through the office's online application, or, for someone in custody, at the Berks County Jail System. The office's phone number is 610-478-6650.

Summary offenses are different

The least serious charges, called summary offenses, such as most traffic tickets, disorderly conduct, and small non-traffic citations, do not follow the steps above. A magisterial district judge handles them start to finish at a summary trial, and there is no preliminary hearing or move to the trial court. A person found guilty of a summary offense can appeal within 30 days for a new trial, called a trial de novo, before a judge of the Court of Common Pleas.

FAQ

How long after an arrest does someone see a judge in Berks County?

Usually within hours. Central Booking runs around the clock, and an on-duty magisterial district judge is always available, including through the after-hours Central Arraignment Court, so the preliminary arraignment normally follows booking the same day.

Does the preliminary hearing decide guilt?

No. The preliminary hearing only decides whether there is enough evidence for the case to go forward. The district attorney has to show that a crime probably happened and that the defendant probably did it, which is a lower standard than a trial. Guilt is decided later, by a plea or a trial in the Court of Common Pleas.

What does "held for court" mean?

It means the district judge found enough evidence at the preliminary hearing to send the case up to the Court of Common Pleas, the county trial court. The charges are not proven at that point; the case moves to the next stage.

How do I find someone who was just arrested?

Start with our guide on how to find someone in Berks County Jail, which covers the free VINE service and calling the jail. Court records for the case, including the charges and any bail amount, appear on the statewide court docket once the case is filed.

Can I get a court-appointed lawyer at the first hearing?

You have the right to a lawyer from the start, but the Public Defender's Office first checks whether you qualify based on income. Apply as early as possible, in person at the courthouse, online, or at the jail if the person is in custody.

Sources

• Berks County Sheriff's Office — Divisions — Central Booking operates 24 hours a day, seven days a week, taking fingerprints and photographs, running an identity and criminal-history check, and arraigning the person by closed-circuit television with the on-duty magisterial district judge.
• Berks County Magisterial District Judges — the district judges handle preliminary arraignments, bail, preliminary hearings, and summary offenses; the county also runs a Central Arraignment Court (after-hours duty court) and Reading Central Court (preliminary hearings for the city's five districts), both on the first floor of the courthouse.
• Berks County Magisterial District Judges — FAQ — a magisterial district judge sets bail shortly after an arrest; if bail was not set at the preliminary arraignment, an arraignment master can set it only if the assistant district attorney agrees; formal arraignment in the trial court reads the charges and sets the next date and can be waived by a represented defendant.
• Berks County Court of Common Pleas — the county trial court in the 23rd Judicial District, where cases held for court proceed through arraignment, pretrial, plea, or trial.
• Berks County Public Defender's Office — represents people the court finds cannot afford a lawyer; every applicant files verified financial information, and applications are taken in person at the courthouse, online, or at the jail for those in custody.
• PA Rule of Criminal Procedure 540 (Preliminary Arraignment) — at the preliminary arraignment the judge informs the defendant of the charges, the right to counsel, and the right to a preliminary hearing, sets bail, may proceed by two-way audio-visual link, and schedules the preliminary hearing no later than 14 days later if the defendant is in custody on that case, or 21 days otherwise, unless extended for cause.
• PA Rule of Criminal Procedure 524 (Types of Release on Bail) — defines the forms of release on bail, including release on recognizance, an unsecured bail bond, and a monetary condition.
• PA Rule of Criminal Procedure 542 (Preliminary Hearing) — the Commonwealth must establish a prima facie case that an offense was committed and that the defendant committed it; the hearing does not decide guilt.
• PA Rule of Criminal Procedure 543 (Disposition of Case at Preliminary Hearing) — if a prima facie case is established the judge holds the defendant for court; if not, the judge discharges the defendant.
• PA Rule of Criminal Procedure 462 (Trial De Novo) — a defendant convicted of a summary offense before a magisterial district judge may appeal for a new trial heard de novo by a judge of the Court of Common Pleas.

For where the jail and courts fit in how Berks County government works, the county's plan to replace the aging jail in our new jail project status report, and the money-and-mail rules once someone is in custody, our guide on sending money and mail to a Berks County Jail inmate.

Berks County Courthouse: 633 Court Street, Reading, PA 19601. Central Booking: 610-478-6240. Public Defender's Office: 610-478-6650.