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Rule 454 – Trial in Summary Cases

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) Immediately prior to trial in a summary case:

(1) the defendant shall be advised of the charges in the citation or complaint;
(2) if, in the event of a conviction, there is a reasonable likelihood of a sentence of imprisonment or probation, the defendant shall be advised of the right to counsel and

(a) upon request, the defendant shall be given a reasonable opportunity to secure counsel; or
(b) if the defendant is without financial resources or is otherwise unable to employ counsel, counsel shall be assigned as provided in Rule 122; and
(3) the defendant shall enter a plea.
(B) If the defendant pleads guilty, the issuing authority shall impose sentence. If the defendant pleads not guilty, the issuing authority shall try the case in the same manner as trials in criminal cases are conducted in the courts of common pleas when jury trial has been waived; however, in all summary cases arising under the Vehicle Code or local traffic ordinances, the law enforcement officer observing the defendant’s alleged offense may, but shall not be required to, appear and testify against the defendant. In no event shall the failure of the law enforcement officer to appear, by itself, be a basis for dismissal of the charges against the defendant.
(C) The attorney for the Commonwealth may appear and assume charge of the prosecution. When the violation of an ordinance of a municipality is charged, an attorney representing that municipality, with the consent of the attorney for the Commonwealth, may appear and assume charge of the prosecution. When no attorney appears on behalf of the Commonwealth, the affiant may be permitted to ask questions of any witness who testifies.
(D) The verdict and sentence, if any, shall be announced in open court immediately upon the conclusion of the trial, except as provided in paragraph (E) .
(E) If the defendant may be sentenced to intermediate punishment, the issuing authority may delay imposing sentence pending confirmation of the defendant’s eligibility for intermediate punishment.
(F) At the time of sentencing, the issuing authority shall:

(1) if the defendant’s sentence includes restitution, a fine, or costs, state:

(a) the amount of the fine and the obligation to pay costs;
(b) the amount of restitution ordered, including

(i) the identity of the payee(s),
(ii) to whom the restitution payment shall be made, and
(iii) whether any restitution has been paid and in what amount; and
(c) the date on which payment is due.

If the defendant is without the financial means to pay the amount in a single remittance, the issuing authority may provide for installment payments and shall state the date on which each installment is due;

(2) advise the defendant of the right to appeal within 30 days for a trial de novo in the court of common pleas, and that if an appeal is filed:

(a) the execution of sentence will be stayed and the issuing authority may set bail or collateral; and
(b) the defendant must appear for the de novo trial or the appeal may be dismissed;
(3) if a sentence of imprisonment has been imposed, direct the defendant to appear for the execution of sentence on a date certain unless the defendant files a notice of appeal within the 30-day period, and advise that, if the defendant fails to appear on that date, a warrant for the defendant’s arrest will be issued; and
(4) issue a written order imposing sentence, signed by the issuing authority. The order shall include the information specified in paragraphs (F) (1) through (F) (3) , and a copy of the order shall be given to the defendant.

234 Pa. Code ยง 454

Amended by Pennsylvania Bulletin, Vol 46, No. 13. March 26, 2016, effective 7/1/2016

Committee Explanatory Reports:

Final Report explaining the October 28, 1994 amendments published with the Court’s Order at 24 Pa.B. 5841 (November 26, 1994) .

Final Report explaining the April 18, 1997 Comment revision cross-referencing new Rule 87 published with the Court’s Order at 27 Pa.B. 2119 (May 3, 1997) .

Final Report explaining the October 1, 1997 amendments to paragraph (E) and the Comment concerning the procedures at the time of sentencing published with the Court’s Order at 27 Pa.B. 5414 (October 18, 1997) .

Final Report explaining the February 13, 1998 Comment revision concerning questioning of witnesses published with the Court’s Order at 28 Pa.B. 1127 (February 28, 1998) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .

Final Report explaining the February 28, 2003 amendments published with the Court’s Order at 33 Pa.B. 1326 (March 15, 2003) .

Final Report explaining the August 7, 2003 changes to the Comment concerning defendants under the age of 18 published with the Court’s Order at 33 Pa.B. 4293 (August 30, 2003) .

Final Report explaining the March 26, 2004 changes concerning Alabama v. Shelton published with the Court’s Order at 34 Pa.B. 1931 (April 10, 2004) .

Final Report explaining the January 26, 2007 amendments adding paragraph (E) concerning intermediate punishment published with the Court’s Order at 37 Pa.B. 760 (February 17, 2007) .

Final Report explaining the July 17, 2013 Comment revision concerning mandatory incarceration offenses and juveniles published with the Court’s Order at 43 Pa.B. 4325 (August 3, 2013) .