What should I do in the first week after being charged with a crime in Delaware County?

Last updated October 4, 2026.

In the first week, follow every bail condition, find the date and district court of your preliminary hearing, and talk with a defense lawyer before that hearing. Early decisions matter, including whether to waive the hearing to apply for a diversion program. The hearing must be held within 14 days of the preliminary arraignment if you are held only on this case, or within 21 days if you are out, unless extended for cause (Pa.R.Crim.P. 540(G)(1)).

Every bail bond also requires you to appear, to report a change of address within 48 hours and to have no part in intimidating or retaliating against a witness or victim (Rule 526(A)).

This checklist is for adult criminal cases in Delaware County. For an overview of our criminal practice, see our criminal defense page.

What should I do, day by day?

1. Day 1: read the papers. At the preliminary arraignment you receive a copy of the complaint (Rule 540(C)) and notice of the hearing date, time and place, with a warning that failing to appear lets the case go ahead without you and leads to a warrant (Rule 540(G)(2)). Keep every page.
2. Day 1: check bail conditions. The bond lists every condition. Nonmonetary conditions can include reporting, travel limits and other conditions such as no contact (Rule 527(A)). If you are supervised, Delaware County's Pre-Trial/Bail Service Unit handles call-in contacts, random drug testing and GPS monitoring, at no cost while on pretrial supervision, according to the county.
3. Days 1 to 2: find your court. The preliminary hearing is held at the magisterial district court where the offense allegedly happened; Delaware County has 26 of them. Use our list of Delaware County district courts. Upper Darby alone is split among six courts; see Upper Darby cases. The City of Chester has three courts in one building on Penn Street; see City of Chester cases. Ridley Township's main court has two different addresses on county lists; see Ridley Township cases.
4. Days 2 to 4: talk to a lawyer. If you cannot afford one, the Public Defender's Pre-Trial Unit handles preliminary hearings where the public defender is appointed, and begins interviews and investigation.
5. Days 3 to 5: decide on diversion. Some Delaware County programs require early choices: DUI ARD and the Young Offender Program require waiving the preliminary hearing, and ARD candidates must be fingerprinted within 30 days after the case is held for court (Local Criminal Rule 316(c)). Compare programs in diversion for non-DUI charges.
6. Days 3 to 7: preserve evidence. Write down what happened, list witnesses, save texts, photos, receipts and video locations.
7. All week: say nothing about the case. Not to police without your lawyer, not online and not to the complaining witness.

Which deadlines start in the first weeks?

What happens at the hearing itself is explained in what happens at a preliminary hearing. The full path to trial is in what happens after an arrest in Delaware County.

What if I am still in custody?

A person held at the George W. Hill Correctional Facility in Thornton can be released once bail is posted. The county says bail can be paid at the facility between 8:00 p.m. and 8:00 a.m. if there are no outstanding issues, or online through the statewide ePay bail portal, after which the Records Department processes the release. Released people are picked up in front of the facility on Cheyney Road. Bail types, from release on recognizance to a monetary condition, are explained in how bail works in Pennsylvania.

If bail is too high to post, a lawyer can ask the court to change it. And if a person stays in jail before trial for more than 180 days, not counting delay the defense caused, a motion for release on nominal bail can be filed (Rule 600(B) and (D)(2)); see how long a criminal case can take.

What will happen at the preliminary hearing?

The preliminary hearing is the first real test of the case. It takes place before the magisterial district judge, where the Commonwealth must present enough evidence to show a prima facie case that a crime was committed and that you probably committed it. Your lawyer can cross-examine witnesses and argue that some or all charges should be dismissed or reduced. The county's flow chart notes that a hearing can also end in reduced charges, and that a motion to lower bail can be made there.

In Delaware County, several programs ask you to waive this hearing as part of applying, so it is worth deciding beforehand whether to keep it as a chance to test the evidence or give it up for a program. If the case is held for court, you receive the formal arraignment date at the end of the hearing (Local Rule 571(F)), and the motion deadlines described in formal arraignment and pretrial motions follow.

What changes the answer?

• A protection order. If the charge is domestic, a PFA may also be filed, with its own hearing within ten business days; see the final PFA hearing.
• Firearms. A PFA or bail condition can require giving up guns; follow it exactly.
• A DUI charge. PennDOT suspension rules run on their own schedule; see the first week after a DUI arrest.
• A summary citation only. You have 10 days to plead; see what a summary offense is.
• Drug charges. Treatment-based options exist, including Delaware County's Drug Treatment Court and the Act's probation without verdict; see drug possession penalties. Small-amount marijuana cases are covered in whether marijuana possession is still a crime.
• Missing a court date. In Delaware County, failing to appear at arraignment or the pretrial conference revokes bail and leads to a bench warrant (Local Rule 303(i)).

For example: a shoplifting charge on a Friday night

Here is a hypothetical. A 30-year-old in Folsom is charged with retail theft and released on unsecured bail with a condition to stay away from the store. Her papers list a preliminary hearing at a district court in 18 days. On Monday she reads the conditions, writes down what happened at the store, and saves the receipt she says shows she paid for some items.

On Tuesday she meets a lawyer, who explains that retail theft grading depends on value and prior offenses, and that Delaware County's Misdemeanor Diversion might apply. She keeps away from the store, posts nothing online and moves only after telling the court her new address within 48 hours. Her lawyer contacts the District Attorney about diversion before the hearing. This example only illustrates the checklist; it does not predict any result.

What mistakes do people make in the first week?

• Contacting the complaining witness. Intimidation or retaliation violates every bail bond (Rule 526(A)(4)) and is a separate crime.
• Talking to police to "clear it up." Statements become evidence.
• Posting about the case. Posts can be collected and used.
• Moving without notice. The address-change notice is due within 48 hours.
• Treating the preliminary hearing as minor. Program decisions and waivers happen there.
• Waiting to hire a lawyer. The first two weeks shape bail, evidence and diversion.

What should I do this week?

1. Put the preliminary hearing date and court in your calendar.
2. Read and follow every bail condition.
3. Write a private account of what happened and list witnesses.
4. Collect receipts, messages, photos and names of places with cameras.
5. Do not talk about the case to anyone but your lawyer.
6. Book a consultation or contact the Public Defender before the hearing.

Frequently asked questions

Do I have to go to the preliminary hearing?

Yes, unless you waive it with a lawyer. Failing to appear without cause lets the case proceed without you and results in a warrant (Rule 540(G)(2)(b)).

Can my bail conditions be changed?

Yes, a lawyer can ask the court to modify bail; until then, every condition on the bond applies.

Where is the bail office?

The Pre-Trial/Bail Service Unit is in the basement of the Courthouse in Media; bring the paperwork the district court sent you to any bail interview, according to the county.

What if I was charged in Montgomery County instead?

The statewide rules are the same, but local programs differ; see the Montgomery County Courthouse.

How long will the whole case take?

Trial must generally start within 365 days of the complaint, excluding defense delay (Rule 600(A)). A plea, a program or a dismissal can end a case earlier.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation in the first week after a criminal charge. Our office is across from the Delaware County Courthouse, and evening and weekend appointments are available.