In brief
In Philadelphia, a criminal case can be tried by a judge alone (a waiver trial) or by a jury. Trials in Municipal Court are always before a judge; jury trials take place in the Court of Common Pleas. Trial preparation starts well before the trial date, with discovery, motions, and a decision about which kind of trial fits the case.
- Not every criminal case should go to trial, but every case should be prepared as if it might.
- Philadelphia listings may include pretrial conferences, bring-backs, waiver trials, and jury trials.
- Trial work turns on discovery, witness credibility, legal issues, and how the facts play in front of a judge or jury.
- Strong pretrial advocacy can lead to dismissals, reductions, or better offers without a verdict.
- You need counsel who will tell you honestly when to fight and when a negotiated path is wiser.
When trial preparation matters
Trial representation is not only the day of opening statements. It includes investigating the Commonwealth’s evidence, filing and arguing motions, evaluating witnesses, and deciding whether a waiver trial or jury trial is the better forum.
In Philadelphia, calendars often include pretrial conferences and bring-back listings before a case is ready for trial. Those appearances are opportunities to press discovery issues, challenge weak proofs, and narrow what the Commonwealth can present.
Waiver trials, jury trials, and courtroom judgment
A waiver trial is heard by a judge without a jury. A jury trial places the fact-finding role with jurors. The right choice depends on the charges, the evidence, legal questions that a judge may resolve more reliably, and the client’s goals and risk tolerance.
Effective trial advocacy requires preparation that holds up under cross-examination and under the pressure of live witnesses. It also requires the judgment to know when the Commonwealth’s case has gaps that should be tested in court.
Advocacy before and during the hearing
Before trial, counsel reviews police reports, body-worn camera footage when available, lab results, prior statements, and any suppression or evidentiary issues. At trial, the work is to hold the Commonwealth to its burden, present the defense case clearly, and protect the record for any later appeal.
If your matter is listed for trial, or you need counsel who will prepare with that end in mind, contact The Altschuler Firm for a consultation.
Common questions
What is a waiver trial?
A waiver trial, also called a bench trial, is one in which the defendant gives up the right to a jury and a judge decides the verdict. Waiver trials are common in Philadelphia, in both Municipal Court and the Court of Common Pleas.
Can I get a jury trial in Philadelphia Municipal Court?
No. Municipal Court trials are heard by a judge. If you are convicted in Municipal Court, you can appeal to the Court of Common Pleas for a new trial, called a trial de novo, where a jury is available. The appeal generally must be filed within 30 days of sentencing.
What is a motion to suppress?
A motion to suppress asks the court to exclude evidence that police obtained illegally, for example through an unlawful stop or search. If key evidence is suppressed, the prosecution may not be able to go forward with the case.
Does every criminal case go to trial?
No. Many cases end through dismissal, withdrawn charges, a diversion program, or a negotiated plea. Preparing for trial also puts the defense in a better position to judge any offer.
Talk to the attorney about your case
Consultations with Jonathan R. Altschuler are confidential. Call the office or send a short request online.
This page provides general information about Pennsylvania criminal practice and is not legal advice. Every case is different. Contact a licensed attorney about your situation.