Lackawanna County Criminal Court hears all criminal cases in Lackawanna County. Below you will find specific information about criminal cases and how they are handled in Lackawanna County.
Prosecutor in Lackawanna County
In Lackawanna County, the prosecutor is an attorney representing Lackawanna County. In some cases, the prosecutor may actually represent Pennsylvania. For the most part, the prosecutor in Lackawanna County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Lackawanna County Criminal Court locations
Criminal proceedings take place in the Lackawanna County Criminal Courts. A list of the criminal courts are located here.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Lackawanna County a public defender will be appointed by the judge if you cannot afford private representation.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Burden of Proof Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
Who can help me in Lackawanna County?
For general information about your case the Lackawanna County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
Arraignments in Lackawanna County
During an arraignment in Lackawanna County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Lackawanna County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Lackawanna County the defendant may be sentenced at that time or the sentencing may take place at a later date.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
Required Court Appearances in Lackawanna County
Any required court appearances in Lackawanna County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
Lackawanna County Criminal Court Locations
Lackawanna County Court of Common Pleas – Civil Division
Address: 436 Spruce St, Scranton PA 18503
Phone: 570-963-6723 Fax: 570-963-6387
Lackawanna County Court of Common Pleas – Criminal Division
Address: 200 N Washington Ave, Scranton PA 18503
Phone: 570-963-6759 Fax: 570-963-6459
Lackawanna County Court of Common Pleas – Family Court Division
Address: 200 Adams Avenue, Scranton PA 18503
Phone: 570-963-5695 Fax: 570-963-5650
Lackawanna County Orphans’ Court
Address: 507 Linden St, #400, Scranton PA 18503
Phone: 570-963-6702 Fax: 570-963-6377
Lackawanna County Magisterial District Court 45-0-00
Address: 200 N Washington Ave, Scranton PA 18503
Phone: 570-963-6436 Fax: 570-963-6376
Lackawanna County Magisterial District Court 45-1-01
Address: 1 Maxson Dr, Old Forge PA 18518
Phone: 570-457-3320 Fax: 570-457-3830
Lackawanna County Magisterial District Court 45-1-02
Address: 130 N Washington Ave, Scranton PA 18503
Phone: 570-963-6518 Fax: 570-963-6898
Lackawanna County Magisterial District Court 45-1-03
Address: 1629 Pittston Ave, Scranton PA 18505
Phone: 570-963-6516 Fax: 570-963-6175
Lackawanna County Magisterial District Court 45-1-05
Address: 1600 Farr St, Scranton PA 18504
Phone: 570-963-6504 Fax: 570-963-6505
Lackawanna County Magisterial District Court 45-1-06
Address: 2012 W Pine St, Dunmore PA 18512
Phone: 570-963-6521 Fax: 570-963-6174
Lackawanna County Magisterial District Court 45-1-08
Address: 1444 E Lackawanna Ave, #221, Olyphant PA 18447
Phone: 570-383-0421 Fax: 570-383-6934
Lackawanna County Magisterial District Court 45-3-01
Address: 104 Shady Lane Rd, PO Box 427, Chinchilla PA 18410
Phone: 570-587-1909 Fax: 570-587-8784
Lackawanna County Magisterial District Court 45-3-02
Address: 119 N Main St, Moscow PA 18444
Phone: 570-842-2111 Fax: 570-842-9117
Lackawanna County Magisterial District Court 45-3-03
Address: 38 N Main St, Carbondale PA 18407
Phone: 570-282-3181 Fax: 570-282-9269
Lackawanna County Magisterial District Court 45-3-04
Address: 400 Church St, Second Floor, Archbald PA 18403
Phone: 570-876-0570 Fax: 570-876-6412