What happens after an arrest in Delaware County, from intake to trial?

Last updated October 4, 2026.

After an arrest in Delaware County, a person held in custody goes through central intake and a preliminary arraignment, which the county says happens within 72 hours, where bail is set. Next comes a preliminary hearing at the district court where the offense allegedly happened; a checklist for the days before it is in the first week after a criminal charge. If the case is held for court, it moves to formal arraignment, a pretrial conference and trial or a plea at the Court of Common Pleas in Media, with sentencing normally within 120 days of trial. The deadlines that start at arraignment are in formal arraignment in Delaware County.

This page follows the order things happen, which helps when a family member is still at intake. For an overview of the charges we defend, see our criminal defense page. The offices you will deal with in Media are mapped in what to expect at the Delaware County Courthouse. Cases charged in Montgomery County follow the same statewide rules with different local steps, described in what to expect at the Montgomery County Courthouse.

What happens at intake and the preliminary arraignment?

Delaware County's own description of the system starts with a person being brought to the central intake center after being caught committing a crime or on alleged probable cause. Within 72 hours of arrest comes the preliminary arraignment, where:

• the judge reads the complaint and explains the right to a lawyer, the right to a preliminary hearing and the type of bail (Pa.R.Crim.P. 540(F));
• bail is approved or denied, and if approved, conditions are set and the person has a chance to post any monetary condition;
• the Public Defender interviews the accused, usually in the visitation room, according to the county.

Before that hearing, the county's Pre-Trial/Bail Service Unit interviews the person and runs a record check through JNET and NCIC, then presents a bail recommendation to the judge. Our page on how bail works in Pennsylvania explains the five types of release and how they are set.

Not everyone is held. Pennsylvania's rules require police to release a person arrested without a warrant when the most serious charge is a second-degree misdemeanor, there is no threat of immediate harm, and the officer believes the person will appear; the complaint is then filed within 5 days and a summons follows (Pa.R.Crim.P. 519(B)). The rule's comment notes that arrests in domestic violence cases are an exception: the person must be brought before a judge.

Where is someone held if bail is not posted?

Delaware County's jail is the George W. Hill Correctional Facility at 500 Cheyney Road in Thornton. The county notes that all paperwork, including the order for release, must be in the person's file before they can actually be released from the facility, which explains some of the wait after bail is posted.

The facility accepts bail payments between 8:00 p.m. and 8:00 a.m., provided there are no outstanding issues, and the person posting must bring cash and a form of ID; the county asks people planning an after-hours payment to contact the Records Department during the day first. Bail can also be posted online through the statewide court payment system. Released people can be picked up in the front parking lot on Cheyney Road, and the county lists bus pickups after its 1:00 p.m. and 9:00 p.m. discharges.

What are the stages, and how long does each take?

What happens at the preliminary hearing?

The hearing is held at the district court for the place where the offense allegedly happened; our page on which Delaware County district court will hear your preliminary hearing lists each court and the towns it covers. The district judge decides whether the Commonwealth has shown a prima facie case, that is, enough evidence that an offense was committed and that you committed it. If it has, the case is held for court on those charges; if there is no charge for which it has, you are discharged (Pa.R.Crim.P. 543(B)). The county adds that the hearing may end in dismissal, reduced charges or a fine, and that people in custody see the Public Defender at the hearing. The county also notes that a motion to reduce bail can be made at this hearing, and that the hearing is sometimes continued at the prosecution's request when a witness does not appear. We explain the hearing in detail, including whether to waive it, in what happens at a preliminary hearing in Pennsylvania.

What happens at formal arraignment and the pretrial conference?

At formal arraignment you are told the charges in the information, your right to a lawyer, and your right to file pretrial motions and their deadlines (Pa.R.Crim.P. 571(C)). A person in custody generally appears by video from the prison, according to the county. You also sign a subpoena with your pretrial conference date and the assigned judge. A represented defendant can waive appearance at arraignment by filing a signed waiver (Rule 571(D)).

At the pretrial conference, the county says, a defendant may enter a plea or ask for a trial and chooses between a jury and a non-jury trial, and dates may be set for motions or a later status conference. The District Attorney's diversion programs fit in here too: ARD applications are due at least 14 days before formal arraignment, and the county's Misdemeanor Diversion Program asks for proof of completion at least one week before formal arraignment; see Delaware County's diversion programs.

How long can the whole case take?

Pennsylvania's speedy trial rule generally requires trial within 365 days of the complaint, excluding delays the defense causes or agrees to, and in most cases someone held in jail longer than 180 days before trial, apart from delay the defense caused, can ask to be released on nominal bail (Pa.R.Crim.P. 600). A case can also end earlier by plea, diversion or dismissal. To understand what is at stake in the meantime, see the maximum penalties for each grade of crime.

What happens after sentencing?

The county lists the possible sentences as fines, restitution, probation, alternative housing and total confinement, often in combination, with judges using the sentencing guidelines. If a pre-sentence investigation is requested, the county says it normally takes 90 days. A defendant receives a notice of post-sentence rights. Under Rule 720, a post-sentence motion is due within 10 days of sentencing, and a notice of appeal within 30 days of sentencing, or within 30 days of the order deciding a timely post-sentence motion. When the case is over, the record-clearing options depend on how it ended; see expungement, limited access and Clean Slate.

What changes the answer?

• Whether the person is released or held. Release with a summons is required for many second-degree misdemeanor arrests and DUI cases when there is no threat and the officer believes the person will appear (Rule 519(B)); a felony charge means a bail decision.
• A domestic violence arrest. The rule's comment says these arrests go before a judge, and a Protection From Abuse order may be in the picture too; see what happens if you are accused of violating a PFA order.
• A bench warrant or probation detainer. The county says people held on bench warrants or contempt orders get a hearing within 72 hours, and people held on probation allegations get a "Gagnon 1" hearing before a hearing officer; our page on probation violations covers that path.
• A summary charge only. Summary offenses have no preliminary hearing and are tried at the district court; see what a summary offense is in Pennsylvania.
• A DUI. DUI cases add the license and ARD steps described in what happens after a DUI arrest in Delaware County.
• Diversion. If ARD or Misdemeanor Diversion is realistic, the deadlines before formal arraignment matter more than the trial dates.

For example: an arrest on a Friday night

Here is a hypothetical. A man is arrested in Upper Darby late on a Friday and charged with a felony after a fight outside a bar. Because the top charge is a felony, he is not released on the spot. At central intake, a Pre-Trial/Bail Service Unit officer interviews him and runs his record, the Public Defender speaks with him, and at the preliminary arraignment on Saturday a judge sets monetary bail and a no-contact condition. His sister posts the cash at the George W. Hill Correctional Facility that night, bringing her ID, and he is released after the paperwork reaches his file.

The preliminary hearing is listed at one of the district courts at 1500 Garrett Road. His lawyer asks for a bail reduction there and tests the evidence; the judge holds one charge for court and dismisses another. About 30 days later comes formal arraignment in Media, then a pretrial conference where the choice between a plea, a jury trial and a non-jury trial is made. This example is only an illustration; every case depends on its own facts.

What mistakes do families and defendants make?

• Bringing a check or card to post bail at the jail. The facility takes cash with ID during its posting hours; online posting is the other route.
• Ignoring a bail condition. Conditions such as no contact with a witness are part of the release and can lead to revocation; see how bail works in Pennsylvania.
• Missing the preliminary hearing. An absence without cause after notice is treated as a waiver of the right to be present (Rule 543(D)).
• Waiting past the diversion deadlines. ARD papers are due 14 days before formal arraignment, and Misdemeanor Diversion proof one week before.
• Letting the 10-day post-sentence deadline pass. Rule 720 deadlines run from the date of sentence.
• Talking about the case with anyone but the lawyer. What is said to others can become evidence.

What should I do this week?

1. Find the complaint, bail order and any notice of the preliminary hearing, and note the district court number.
2. If someone is still held, confirm the bail amount and conditions, and plan how and where to post it.
3. Write down every condition of release and follow each one.
4. If you were told to report to the Pre-Trial/Bail Service Unit, go to the Courthouse basement on a weekday with your papers.
5. Gather anything that bears on the charges, such as messages, receipts or names of witnesses, for your lawyer.
6. Talk with a defense lawyer before the preliminary hearing.

Frequently asked questions

Can family visit someone held at George W. Hill?

The facility offers in-person visits Monday to Friday based on housing assignments. The person held must put visitors on a list, approved visitors register online and choose a time slot, and the county allows one visit a week, in person or by video, with up to three visitors.

Will my family member get a lawyer right away?

The county says the Public Defender interviews accused people at intake, and people in custody see the Public Defender at the preliminary hearing. Anyone without a lawyer at formal arraignment can ask for a public defender then.

Can bail be lowered after it is set?

A motion for bail reduction can be made at the preliminary hearing, according to the county, and the rules allow bail to be modified later. The types of release are explained in how bail works in Pennsylvania.

How long until the case is over?

The county's flow chart puts formal arraignment about 30 days after the preliminary hearing and the pretrial conference about 30 days after that; Rule 600 generally requires trial within 365 days of the complaint. Diversion or a plea can end it sooner.

Where do I go for the rest of the case?

To the Courthouse complex in Media. Our overview of where criminal, DUI and family cases go in Delaware County shows how the district courts, the Courthouse and the county programs fit together.

Our office at 117-119 N. Olive Street is across from the Delaware County Courthouse, and we can arrange visits at the prison. Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation.