[30 Pa.B. 6573]

[Continued from previous Web Page]

Rule 590(D).  Guilty Plea Colloquy Form.

   (a)  During the course of counseling a defendant relative to any plea of guilty or nolo contendere in the Court of Common Pleas, counsel shall review with the defendant the Carbon County Guilty Plea Colloquy Form available from the Office of the District Attorney, and shall explain to the defendant the contents of that form. Such forms shall be initialed and signed by the defendant where appropriate and counsel's signature thereon shall constitute a certification by the attorney that he/she has read, discussed and explained the plea form to the defendant, and that to the best of his/her knowledge, information and belief, his client understands what he is doing by entering his plea.

   (b)  Guilty plea colloquy forms shall be filed in open Court at the time of entry of any plea of guilty or nolo contendere.

   (c)  For pleas to a summary offense, the plea form need only consist of the disposition page, and need only state the offenses to which the defendant is pleading and the sentence which he is to receive.

Rule 590(E).  Call of the List.

   VII)  The call of the criminal list for a particular criminal trial session of Court shall be held by the Court at 9:30 A.M. on the Thursday morning prior to the first day of the Court's trial session as set forth on the annual Court calendar prepared by the Deputy Court Administrator/Case Manager.

   VII)  All unrepresented defendants and all attorneys representing defendants must attend the criminal calendar call of the list unless:

   1)  A date certain has been scheduled for the entry of a plea or;

   2)  A motion for a continuance has been previously properly presented and granted; or

   3)  The Court has excused a defendant and/or counsel based on good cause shown or defense counsel and the District Attorney's office have agreed that the defendant and/or counsel may be excused from the call of the list.

   b)  Failure to comply with the requirements of this rule may result in the imposition of sanctions of the Court including the issuance of a bench warrant and revocation of bail bond. Additionally, the District Attorney's office may file a charge of default in required appearance.

   c)  Counsel shall keep the assigned judge advised of any changes in the status of his case or the availability of the defendant for trial.

VI.  TRIAL

Rule 646(C).  Admission and Custody of Exhibits.

   A)  Counsel for the respective parties shall retain possession, and shall be responsible for, the care and custody of all tangible exhibits used at hearings and trials, whether or not they have been presented, marked, identified and used, until such time as they have been formally offered into evidence.

   B)  From and after an order of admission, or if admission is denied, if the Court should so order, the Court Stenographer shall take possession, and shall be responsible for the care and custody of all such tangible exhibits during the remainder of the hearing or trial, and thereafter, until further order of the Court.

   C)  At any time after final disposition of the case, including the expiration of any applicable appeal period, the Court Stenographer may, after notice to counsel for all parties, petition the Court for an order authorizing the removal and disposition by destruction, or otherwise, of any tangible exhibit of a size or weight precluding its enclosure in a regular case file.

VII.  PRESENTENCE PROCEDURES

Rule 702(C).  Presentence Procedures.

   (a)  Before the sentencing hearing, counsel for defendant, or if unrepresented, the pro se defendant shall obtain from the District Attorney's Office a form entitled ''Appellante Rights of Defendant After Sentencing.'' Counsel shall review with the Defendant said form and shall explain to the Defendant the contents of that form. Such form shall be initialed and signed by the defendant where indicated and counsel's signature thereon shall constitute a certification by counsel that he/she has read, discussed, and explained the form to the defendant, and to the best of his/her knowledge, information, or belief the defendant understands the form. (The form is marked FORM IV and is attached hereto in the ADDENDA to these Rules.)

   (b)  Prior to imposition of sentence, a completed Guideline Sentencing Form, as required by 204 Pa. Code § 303.1(d), shall be made available to the sentencing judge.

   (c)  (1)  If a pre-sentence investigation report is required by the sentencing Judge, the Guideline Sentencing Form shall be prepared by the report preparer.

   (2)  If a pre-sentence investigation report is not required, the Guideline Sentencing Form shall be prepared by the District Attorney.

   (d)  The Guideline Sentencing Form shall be reviewed by counsel for both the Commonwealth and the defendant prior to submission to the sentencing judge.

   (e)  The Clerk of Courts--Criminal Division shall send a copy of the Guideline Sentencing Form to the Pennsylvania Commission on Sentencing.

   Comment: 204 Pa. Code § 303.1(d) provides that a Pennsylvania Commission on Sentencing Guideline Sentence Form shall be completed at the Court's direction and shall be made a part of the record no later than twenty days after the date of each sentencing, and a copy shall be forwarded to the Pennsylvania Commission on Sentencing.

   As used in Section (c), ''imposition of sentence'' includes imposition of probation.

VIII.  PAROLE AND PROBATION

Rule 708(B)(4).  Petition for Parole.

   Within thirty (30) days before a defendant becomes eligible for parole (except for DUI cases), the Adult Probation Office shall conduct an investigation to determine whether the defendant should be released at the expiration of his or her minimum sentence. Said investigation shall include whether District Attorney or victim have any opposition, the defendant's course of conduct while incarcerated, whether a suitable residence is available, defendant's potential for obtaining employment, and a payment plan for any outstanding, costs, fines, and restitution. Upon completion of said investigation, the Adult Probation Office shall make a recommendation for approval or denial of parole and transmit said recommendation to the Sentencing Judge. If the Court denies parole, the defendant shall have the right to a hearing upon filing a Petition for Parole.

Rule 708(E).  Violation of Probation, Parole, or Ard.

   1.  When it is alleged that a defendant is in violation of his or her probation/parole, a Gagnon I hearing shall be held before a member of the Adult Probation staff designated for that purpose by the President Judge. This hearing will be held within ten (10) Court business days if the defendant is incarcerated as a result of the violation(s). That designated hearing officer shall be responsible for advising the defendant of all information required at a Gagnon I hearing. Should the hearing officer, at the Gagnon I hearing, find that a prima facia case exists, the following procedure shall be followed.

   (a)  A Gagnon II hearing, whether it be with regard to a contested violation, alleged violations or merely for the purpose of disposition or for both purposes, shall be scheduled promptly, but no later than 120 days after the officer files a motion with the Court requesting that a Gagnon II hearing be scheduled and advising in that motion as to when the Gagnon I hearing was completed.

   (b)  That motion shall also indicate whether the allegations are contested or whether the Gagnon II hearing will be for disposition purposes only. The hearing officer shall serve a copy of the motion upon the District Attorney's office. The defendant shall be afforded the right to representation by an attorney of choice, or upon his/her application, the appointment of the Public Defender for the Gagnon II hearing.

   (c)  Should a determination be made by the hearing officer at the Gagnon I hearing, that the defendant should be returned to continued supervision at liberty, the defendant shall be released from custody, if incarcerated, and continue on probation/parole.

   2.  When a defendant is alleged to be in violation of ARD, a hearing shall be held before the Court. Defendant shall have the right to waive said hearing by signing the Stipulation to the REVOCATION OF ARD form. (Said form is marked FORM III and attached in the ADDENDA to these rules.)

Rule 708(F).  Arrest and Processing of Probation/Parole Violators.

   When a duly appointed adult probation officer has conducted an investigation which reveals that a violation of supervision has been committed by the defendant, the officer shall request a supervisor to issue a ''Supervisor's Warrant'' for the arrest and detention of the defendant. The defendant shall be arrested upon issuance of the warrant, by any peace officer in the Commonwealth authorized to make arrests, or in the case of a defendant who has absconded the Commonwealth, the warrant shall be submitted to the proper police agency for processing as per normal procedure. Following arrest, the filing officer shall request a Gagnon I hearing before the Court designated hearing officer, which will be held within ten (10) Court business days. The above procedure relating to Rule 1409 shall then be followed.

   Should the filing officer determine that a supervisor's warrant is not needed, a Gagnon I hearing will be scheduled as soon as possible following discovery of the violations(s), and the 1409 procedure will continue as stated. Notice of the Gagnon I hearing, in this instance, shall be served upon the defendant by the filing officer and a Gagnon I hearing would then be scheduled at the convenience of the hearing officer.

IX.  POST SENTENCE

Rule 720(E).  Post-Sentence Motions.

   (1)  Service of post-sentence motions--Post sentence motions shall be filed within 10 days from the date of the sentence with the Clerk of Courts and copies thereof delivered to the trial judge, the court reporter and the district attorney on the same day. Such motions shall include a separate page addressed to the court reporter setting forth specifically those portions of the record which are to be transcribed. Any changes in the request for transcription shall be in writing addressed to the court reporter.

   (2)  Any request for leave to file additional specific grounds shall be made by a motion and proposed order, and the motion shall contain specific reasons in support thereof. With prior notice to opposing counsel, the motion shall be presented to the trial judge within 10 days after the copy of the record is transmitted to defendant's counsel, if any, and otherwise to the defendant.

   (3)  Filing and delivery of transcript--Transcript of the trial shall be delivered by the court reporter to the Clerk of Courts within 60 days from service upon the court reporter of the request for transcript referred to in Carbon County Rule of Criminal Procedure 750(E)(1) above unless further extended by order of the trial judge upon cause shown. A copy of said transcript shall be delivered forthwith by the court reporter to counsel for any party ordering a copy or upon an unrepresented party ordering a copy. The court reporter shall execute and file with the Clerk of Courts and the Deputy Court Administrator/Case Manager a certification indicating the date when copies of the record were delivered to each of the above.

   (4)  Time for argument--Within ten (10) days of the filing of a post-sentence motion, the Deputy Court Administrator-Case Manager shall fix a date and time of argument and, if the judge decides briefs are required to dispose of the motion, briefs shall be filed with the Clerk of Courts with copies to the judge and opposing counsel.

   (5)  Time for service of briefs--The defendant shall serve upon the Commonwealth and the Court one copy each of a brief not less than 20 days before the date fixed for argument. The Commonwealth shall serve upon counsel for the defendant, if any, or otherwise on the defendant, and the Court one copy of its brief not less than 3 days before the date fixed for argument.

   (6)  Failure to file briefs--When a case is listed for argument, if the moving party has filed no briefs, the motions or petitions shall be dismissed as of course. If the opposing party has filed no brief, the moving party shall proceed ex parte.

   (7)  Extension of briefing deadline--Any party, for good cause, may apply for an extension of time to file his brief. The application shall identify the moving party, state the reasons for the request of extension, and recite whether the request for extension is opposed or unopposed.

Rule 720(F).  Appeals to Supreme, Superior and Commonwealth Court.

   In all direct appeals to the Supreme, Superior, and Commonwealth Courts of Pennsylvania from orders or decrees of this Court, appellant's counsel shall, immediately upon taking the appeal, serve upon the judge of this Court from whose order or decree the appeal was taken, a concise statement of the matters complained of and intended to be argued on appeal, so that an appropriate opinion may be prepared.

   Immediately upon filing a brief or paper book with any Appellate Court, a copy thereof shall be served upon the judge of this Court from whose order or decree the appeal was taken.

   Whenever an appeal is withdrawn by counsel, notice of such fact shall immediately be given to the judge from whose order or decree the appeal was taken.

CARBON COUNTY COURTS
APPLICATION FOR CONTINUANCE
CIVIL--CRIMINAL
INSTRUCTIONS

1.  Applying counsel shall submit application for continuance to other counsel who will indicate in Sec. III,
any opposition, or if none so indicate, and sign.

2.  Make copies of form for Filing Office, all counsel, pro se parties, and Court Administration.

3.  Application shall first be filed and then submitted to the Court, which will indicate action taken in Sec. V.
Copies will be distributed as indicated in (2) above.

I.  Application is hereby made to continue the      [  ] trial      [  ]  hearing      [  ]  argument      [  ] conference      [  ] plea
[  ] sentencing      [  ] arbitration scheduled in the following case:

	NO. _________________
VS	DATE SCHEDULED _________________
	NO. OF PREVIOUS
	CONTINUANCES _____ by Plaintiff _____ by Defendant

II.  The application is made for the following reasons:

[  ]  vacation
[  ]  illness of atty.	[  ]  negotiating settlement	[  ]  record incomplete
[  ]  illness of party	[  ]  expert unavailable	[  ]  counseling ordered
[  ]  late sub of atty.	[  ]  party unavailable	[  ]  other--specify
[  ]  conflict--atty.	[  ]  atty. unavailable	[  ]  ______

_________________ Signature of Counsel

_________________ Date

_________________ Representing

 

III.  Application is (opposed/not opposed) for the following reason:

_________________ Signature of Counsel

_________________ Date

_________________ Representing

 

IV.  (In criminal cases only) Attached hereto and made a part hereof is a duly executed waiver of defendant's right to a speedy trial under Pa.R.Crim.P. No. 1100.

V.  Action taken by the Court.         AND NOW, _________________ ,
     [  ]  Application is denied
     [  ]  No further continuances.
     [  ]  Application is granted and the case is continued to the date listed below. Counsel are hereby attached for this proceeding on the new date:

_________________
Judge         

FORM ''I''

CARBON COURT OF COMMON PLEAS
CRIMINAL DIVISION
MOTION COURT COVER SHEET

	NO.
vs.
FILING OF:  Commmonwealth  ( )	Defendant  ( )

 

TYPE OF FILING (check one):

( )    1.  Application for Continuance
( )    2.  Motion for Discovery & Inspection (RCRP 305) (113)
( )    3.  Motion to Dismiss (115)
( )    4.  Omnibus Pretrial Motion (160)
( )    5.  Motion to Suppress (124)
( )    6.  Petition for Counsel-Conflict Case (213)
( )    7.  Petition to Consolidate (217)
( )    8.  Petition to Discharge (RCP 314) (220)
( )    9.  Petition for Special Furlough (225)
( )  10.  Petition for Parole (228)
( )  11.  Petition to Reconsider Sentence (240)
( )  12.  Petition to Revoke Parole (243)
( )  13.  Petition to Revoke Probation (246)
( )  14.  Petition to Reduce Bail (249)
( )  15.  Petition for Writ of Habeas Corpus (267)
( )  16.  Post Trial Motions (274)
( )  17.  Petition for Forfeiture (356)
( )  18.  Petition for Destruction (219)
( )  19.  Petition for Attorney Fees (227)
( )  20.  Other Motion or Petition (specify):
( )  21.  Response to:

OTHER ATTORNEY:

Attorney's Name (Typed)
Attorney for:
      ( )  Commonwealth      ( )  Defendant

N.B.  The numbers after the Motion or Petition above are docket codes used in the Court Computer System. Please be precise when checking your Motion or Petition. When filing Motion or Petition, provide Clerk with sufficient copies for opposing Counsel and filing Counsel.

THIS FORM IS AVAILABLE IN THE CLERK OF COURTS OFFICE

FORM ''II''

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL

COMMONWEALTH OF PENNSYLVANIA	:
	:
	:
vs.	:	No.
	:
	:
	:

STIPULATION TO THE REVOCATION OF ARD

   I, the Defendant in the above captioned case, hereby acknowledge receipt of a copy of the Petition for Revocation of ARD filed by the Carbon County Office of Adult Probation and Parole alleging that I have violated certain condition(s) of the ARD Program.

   I understand that I have the absolute right under Pennsylvania Rule of Criminal Procedure 184 to challenge the allegations contained in the Petition and to have a hearing in front of a Judge to determine whether or not I violated the condition(s) of the ARD Program.

   I voluntarily waive my right to challenge the allegations contained in the Petition and to have a hearing in front of a Judge to determine whether or not I violated the condition(s) of the ARD Program and I hereby consent to the Revocation of my placement in the ARD Program without the necessity of a hearing.

   I fully understand that, as a result of my consent to the Revocation of my placement in the ARD Program without the necessity of a hearing, my placement in the ARD Program will be automatically revoked and that the charges for which I was placed in the ARD Program will be scheduled for a Pre-Trial Conference before the District Attorney's Office for further disposition.

Date: _________________	_________________ Defendant

FORM ''III''

TO THE DEFENDANT:
 
PLEASE READ AND THEN REVIEW THE FOLLOWING INFORMATION WITH
OUR LAWYER. IT EXPLAINS THE RIGHTS YOU HAVE FOLLOWING
SENTENCING. IF YOU DO NOT UNDERSTAND ANYTHING CONTAINED ON
THIS DOCUMENT, ASK YOUR LAWYER OR THE SENTENCING JUDGE TO
EXPLAIN IT TO YOU. DO NOT SIGN THIS DOCUMENT UNTIL YOU
UNDERSTAND IT FULLY.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA	:
	:
	:
vs.	:	NO(s).
	:
_________________                            DEFENDANT

 

APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING

   1.  After you are sentenced, you have the right to file either a post-sentence motion or an appeal to the Superior Court of Pennsylvania.

   2.  If you wish to file a post-sentence motion, it must be filed with the Criminal Clerk of Courts of Carbon County no later than 10 days after the imposition of sentence.

   3.  If you wish to file an appeal, a notice of appeal must be filed with the Criminal Clerk of Courts of Carbon County, within 30 days of imposition of sentence. This is a right of appeal which you may exercise without filing a post-sentence motion. If you file a post-sentence motion, you would also have a right to appeal from an order deciding that motion or denying the motion by operation of law.

   4.  If you file a post-sentence motion, all requests for relief must be stated with specificity and particularity, and consolidated in the motion, which may include:

   (a)  a motion challenging the validity of a plea of guilty or nolo contendere, or the denial of a motion to withdraw a plea of guilty or nolo contendere;

   (b)  a motion of judgment of acquittal;

   (c)  a motion in arrest of judgement;

   (d)  a motion for a new trial; and/or

   (e)  a motion to modify sentence.

   5.  If you file a post-sentence motion, it and any supplemental motion you may be permitted to file, must be decided by the judge within 120 days of the filing of the original motion. The judge may, at your request, grant one 30 day extension for deciding the motion, if good cause is shown. If the judge fails to decide the motion within the allowed time, the motion will be denied by operation of law, and the clerk will enter an order denying the motion.

   6.  If you file a post-sentence motion, and wish to appeal from the order deciding or denying the motion, a notice of appeal must be filed with the Criminal Clerk of Courts of Carbon County, within 30 days of that order.

   7.  Whether or not you file a post-sentence motion, all issues raised before or during trial are preserved for appeal.

   8.  You have the right to assistance of counsel in the preparation of a post-sentence motion or any appeal. If you are indigent, you have the right to proceed without payment of costs and with counsel appointed to represent you without charge. If you are now represented by the Public Defender's Office and continue to qualify for their services, that office would continue to represent you without cost.

   9.  If you qualify for bail and are released on bail after sentencing, a condition of release will be that you either file a post-sentence motion and perfect an appeal, or, when no post-sentence motion is filed, perfect an appeal with the time permitted by law.

   I affirm that I have read the above information completely, that I understand its full meaning, and that I have been given a copy of this document for my records and review.

Date: _________________	_________________ Signature of Defendant

 

   I, _________________ , Attorney for the above captioned defendant, state that I have advised my client of the meaning of this document and of his/her post-sentence and appeal rights as required by Pa.R.Crim.P. 1405 (3); that it is my belief that the defendant comprehends and understand those rights and what is set forth herein, and that Defendant has received a copy of this form.

_________________
Attorney for the Defendant         

FORM ''IV''

[Pa.B. Doc. No. 00-2211. Filed for public inspection December 22, 2000, 9:00 a.m.]

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