What does the District Attorney's Office do?

The District Attorney's Office assists police departments in criminal investigations, and prosecutes criminal charges for the Commonwealth against those who are accused of breaking the law.  Upon receipt of a reported crime the District Attorney reviews the facts and evidence and decides whether or not to approve the charges and proceed with prosecution. After the District Attorney's Office approves the charges, the case will go to one of two kinds of courts:

• District Justice Preliminary Hearing, whereby a District Justice hears "court cases" and determines if there is prima facie merit to the case. If a prima facie determination is made the case is referred to the Lancaster County Court of Common Pleas.
• The Lancaster County Court of Common Pleas, whereby a Judge or Jury has final authority to decide misdemeanor and felony cases, and attends to summary appeals.

Above the County Courts are the Superior Court of Pennsylvania and the Supreme Court of Pennsylvania, each a successive step in the appellate process. They are courts of appeals, not trial courts as is the County Court Of Common Pleas.

Most cases involving crimes committed by people less than 18 years of age go to Juvenile Court.

How is the District Attorney's Office organized?

To accomplish its mission, the District Attorney's Office is organized into, and provides services through, three functional divisions: Legal Division, Investigation Division, and Victim/Witness Division. To learn more about a particular division, go to the Services section of this web page and click on the division you are interested in.

Who do I call if I have a problem or question?

Questions can be addressed by calling the appropriate agency for handling the request, or, if uncertain whom to call, by calling the District Attorney's Office main number at 717-299-8100.

Is the District Attorney elected or appointed and for how long?

The Lancaster County District Attorney is elected to a four-year term in the same election cycle as the County Commissioners. Assistant District Attorneys are appointed by the District Attorney and serve at his pleasure.

Does the District Attorney's Office control local police?

Local police work for their own municipalities. The District Attorney's Office, however, has legal responsibility and authority to advise police on investigative matters and charging decisions. The District Attorney executes his responsibilities in cooperation and coordination with local governments and law enforcement agencies.

How can I see the District Attorney's Office doing its job?

Public court and hearing sessions provide one with the best opportunity to see the District Attorney's Office in action. On a day-to-day basis the District Attorney's Office is busily preparing cases and coordinating work with other government, law enforcement and community agencies. However, this work is often confidential in the interest of maintaining the privacy and confidentiality of both the victim(s) and the accused.

What is the relationship between the District Attorney and District Justice?

The District Attorney presents the Commonwealth's position on criminal cases before the District Justices and Judges. There is a professional working relationship between the two. District Justices and Judges are absolutely independent of the District Attorney. They represent the Judicial Branch of government equal to the Executive Branch represented by the District Attorney.

Who does the District Attorney's Office work for?

The Lancaster County District Attorney's Office is responsible to, and works for, the people of Lancaster County. It represents the Commonwealth, and therefore the People, in all criminal cases.

What are the relationships between the Lancaster County District Attorney's Office and the Pennsylvania State Police?

The Pennsylvania State Police assist the District Attorney's Office by conducting investigations and responding to calls originating in Lancaster County for which they have jurisdiction. In this regard they are like the "local" police employed by some local municipalities.

Are the District Attorney's Office detectives a part of local police forces?

The District Attorney's Office employs its own Detectives to conduct general investigations as requested by the District Attorney. These detectives answer directly to the District Attorney and assist in preparing cases for trial.

Who can I talk to about my case?

If you do not already have the name and number of a point of contact, call the main number for the District Attorney's Office at 717-299-8100. Your call will be screened by a receptionist to determine the correct staff person to assist you. Please provide enough detail in order that you may be directed to the proper division and the specific staff person who handles your type of question.

Why can't the District Attorney's Office give me legal advice?

The District Attorney represents "the Commonwealth", and everyone assigned to the District Attorney's staff must maintain this prosecutorial role. The Assistant District Attorneys and Staff personnel can discuss the process of how your case will be prosecuted through the court system, but they may not provide specific advice regarding how you should proceed. If you are represented by an attorney, all communications must go through your attorney. This practice protects your constitutional right to counsel. The District Attorney is required by law to only handle criminal matters and may not give civil legal advice.

As a victim, how can I drop charges?

Once filed an individual victim cannot drop the charges. Once a defendant is charged by the Commonwealth, only the District Attorney or a judge may dismiss the charge. If the original complaining party or the key witness in a case recants, the District Attorney may choose to end the prosecution. While a victim's desires are always important, depending on the evidence, the public's interest in prosecuting a defendant takes precedent over the desires of the victim.

What is the Accelerated Rehabilitative Disposition (ARD) Program?

The Accelerated Rehabilitative Disposition Program provides an alternative to a criminal conviction through community service and fees for some defendants. A defendant must apply for the program whereupon the District Attorney's Office reviews the defendant's background, nature of the offense and effects on the victims before recommending approval of the request to the court. A defendant who fails to complete the ARD program will be prosecuted for the original offense. The Accelerated Rehabilitative Disposition Section of the District Attorney's Office administers the program.

More info about ARD   ARD FAQ

Why can't I get information on my son or daughter (over 18) /wife/husband/boyfriend/girlfriend]?

A person's right to privacy precludes the District Attorney's Office from discussing the case with family and/or friends. Once a case has been resolved, the results of that case become a matter of public record and may be viewed at that time in the Clerk of Courts Office.

Do I have to show up in court because I got a subpoena?

Yes. The subpoena is a court order. Occasionally witnesses and/or victims fail to honor their subpoenas, and unfortunately this may jeopardize the Commonwealth's case against the defendant. The court may issue an arrest warrant for a subpoenaed witness who has failed to show for court.

What is arraignment?

The arraignment is the first opportunity to present a defendant's "plea" to a judge. A defendant may plead "guilty" or "not guilty." After some questioning to assess if the defendant is aware of the implications of a guilty plea, the judge may accept the plea. In this instance, the judge will ask the Assistant District Attorney for the facts of the case, and will ask for the Commonwealth recommendation on sentence. Thereafter the judge will impose a sentence. Those cases in which "not guilty" pleas are entered will be assigned another court date for further pretrial conference and formal trial.

What is a Pretrial Conference?

The District Attorney and the defendant, or his counsel, advise the Court whether a case is ready for trial, or the results of any plea negotiation. A guilty plea date must be scheduled by the Pretrial Conference, or the case must proceed to trial during the next court term.  This conference is conducted in open court before a Judge.

What is a Protection from Abuse Order?

Victims of abuse, or parents/guardians of a minor(s) subject to abuse, may petition the courts for a Protection from Abuse (PFA) Order. After a hearing a PFA may be issued which can include an order for the defendant to refrain from abusing the plaintiff or minor children; grant possession of a residence to the plaintiff; award temporary child custody to the plaintiff; direct the defendant to pay financial support to plaintiff(s); prohibit any and all contact with the defendant --verbal, physical, and third party; order the defendant to surrender specific weapons; and/or direct restitution for expenses and losses incurred by the plaintiff consequent to the abuse. This is a civil matter and the District Attorney's Office does not participate in getting a PFA order. The PFA will not exceed one year in duration, but can be amended upon petition by either party. If a party violates the order the District Attorney may prosecute the offender for criminal contempt.