Monroe County Correctional Facility Criminal Court Process
Criminal Court Process for Monroe County Pennsylvania
If a relative has been taken into custody in Monroe County, the first concern may be finding the person; the next is understanding who decides bail and what the court can do. In Stroudsburg, the Monroe County Courthouse is the contact point for adult criminal filings and scheduled Common Pleas hearings. The nine questions explain local hearing offices, preliminary arraignment, bail decisions, offenses and sentencing, juvenile cases, and federal charges. The court location is not the same thing as the jail.
- Where are the courts and whom should I call?
- What happens after arrest and how does bail work?
- How does a lower-level criminal charge move through court?
- What happens if the charge is a felony?
- What if the accusation involves a violent crime?
- How are cases involving children handled?
- What penalties does Pennsylvania law authorize?
- Are there local Magisterial District Courts?
- What if federal prosecutors file charges?
- Who helps if a defendant cannot afford counsel?
Where are the courts and whom should I call?
Monroe County Courthouse — 610 Monroe Street, Stroudsburg, PA 18360. Clerk of Courts (criminal-case records and filings): 570-517-3390.
The Court of Common Pleas handles adult felony trials and most misdemeanor trials, while Magisterial District Judges handle many initial criminal steps and summary cases. The clerk number above is for criminal records and filings, not a jail hotline.
What happens after arrest and how does bail work?
Police may issue a citation or make an arrest, depending on the charge and circumstances. After a custodial arrest, the person is processed, informed of the accusation, and ordinarily brought before a Magisterial District Judge for a preliminary arraignment. The judge addresses bail, the next court date, and the accusation; this hearing does not decide guilt.
If someone remains in custody, the holding site depends on the actual booking and transfer decision. A person arrested in Monroe County may be housed in a county facility or another authorized jail; this guide does not assume a particular prison's identity. The court clerk can address scheduled court dates, but custody questions belong to the facility holding the person.
How does a lower-level criminal charge move through court?
A summary offense is generally the lowest level of criminal violation; a Magisterial District Judge can hear it. A misdemeanor may begin with a complaint and a preliminary arraignment before a Magisterial District Judge, then move to Common Pleas if prosecution continues. Depending on the allegations, a preliminary hearing tests whether there is enough evidence to send the case forward, not whether the defendant is guilty.
For a misdemeanor trial in Monroe County, the accused may talk to a lawyer about a plea, a trial, and whether a diversion option applies. A fine or probation is not automatic, and some misdemeanors carry significant incarceration exposure.
What happens if the charge is a felony?
A felony complaint can lead to arrest, bail review and a preliminary hearing before a Magisterial District Judge. If the charge is held for court, the prosecution continues in the Monroe County Court of Common Pleas. The district attorney office pursues the case; defense counsel can review discovery, negotiate a plea, challenge evidence, and prepare for trial.
The Commonwealth must prove guilt beyond a reasonable doubt at trial. A felony can result in supervision, a county sentence in an eligible case, or a state-prison term. The judge follows applicable sentencing rules and considers legally relevant details.
What if the accusation involves a violent crime?
For serious allegations—such as homicide, aggravated assault, or certain sexual offenses—the first hearings may involve stricter bail conditions, testimony and evidence preservation. The Common Pleas court in Monroe County hears felony cases; jurors decide guilt if a jury trial is held.
Murder is not subject to the ordinary first-degree felony maximum. Pennsylvania law has separate sentencing provisions for homicide. Offense grading, required minimum sentences and the defendant's criminal history make an enormous difference, so families should not read a statutory ceiling as a prediction of the actual result.
How are cases involving children handled?
Children accused of delinquent acts ordinarily enter the juvenile system rather than following the adult criminal trial process. A youth may be released to a parent, placed under supervision, or held for a court-approved reason. Juvenile hearings focus on the allegations, public safety, accountability and services.
In Monroe County, juvenile matters are part of the Court of Common Pleas system. Some particularly serious cases involving older teenagers can be prosecuted in adult court under specific rules. Families should request an attorney and ask what hearing is next.
What penalties does Pennsylvania law authorize?
Under 18 Pa.C.S. §§ 1101, 1103–1105, these are the ordinary statutory ceilings, not guaranteed sentences. Individual crimes, enhancement statutes and mandatory provisions can change the applicable limit.
| Grade | Maximum incarceration | Ordinary maximum fine |
|---|---|---|
| Summary offense | Usually 90 days, unless a different statute applies | $300 unless another amount applies |
| Third-degree misdemeanor (M3) | 1 year | $2,500 |
| Second-degree misdemeanor (M2) | 2 years | $5,000 |
| First-degree misdemeanor (M1) | 5 years | $10,000 |
| Third-degree felony (F3) | 7 years | $15,000 |
| Second-degree felony (F2) | 10 years | $25,000 |
| First-degree felony (F1) | 20 years | $25,000 |
For murder and attempted murder, special sentencing rules apply and the fine ceiling can be $50,000. A court may also order restitution and costs. Actual sentencing also depends on offense-specific statutes, prior record, guidelines and judicial findings.
Are there local Magisterial District Courts?
Magisterial District Judges hear summary-offense trials and handle many preliminary arraignments, bail decisions and felony preliminary hearings. These local offices are not all located at the county courthouse, especially in larger counties. The specific judge and address are assigned by the place of the alleged incident and appear on the summons or charging papers.
The Monroe County Common Pleas criminal clerk is at 610 Monroe Street in Stroudsburg and may be contacted at 570-517-3390 for the docket and records handled by that office. This edition does not substitute an unverified Magisterial District Court address.
What if federal prosecutors file charges?
Federal crimes are prosecuted under United States law, not merely because an alleged act is serious. Examples may include federal drug trafficking, bank robbery under federal law, interstate fraud, certain firearms crimes, or offenses on federal property. A federal defendant first appears before a federal magistrate judge and may later face indictment, pretrial motions, plea proceedings or trial.
Monroe County belongs to the U.S. District Court for the Middle District of Pennsylvania. Federal charges use their own detention and sentencing rules; the county court clerk does not set those dates. A federal sentence is usually served under the federal correctional system rather than the county prison.
This guide provides general court information, not advice about a particular criminal case. A licensed defense attorney can explain an individual charge and legal options.
How to get a public defender in Monroe County
If the person charged cannot afford a private attorney, the county public defender's office can review an application for court-appointed counsel. Eligibility depends on financial circumstances and the kind of criminal case; representation is not automatically granted to everyone who asks.
Gather pay stubs, public-benefit information, employment details, and major expenses if available. Defendants held in custody should ask about the application through the jail, attorney-visitation channels, or the presiding court, rather than waiting for a trial date.
For Monroe County, see the Pennsylvania county public-defender directory for the local office listing. The criminal clerk contact in this guide can also explain how to submit paperwork to the proper office, but court clerks cannot give legal advice.
Criminal Court Process for Monroe County Pennsylvania
Monroe County Pennsylvania Criminal Court System – Definitions
It might be helpful to define some words that will be used on this site, when explaining the Pennsylvania Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.
If you scroll down below this content, and the listing of the courts in Monroe County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.
Arrest is when Pennsylvania, Monroe County or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed.
In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Monroe County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.
Booking is when the Monroe County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.
The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of Pennsylvania, Monroe County or a city or town. The prosecuting attorney for Monroe County or the district is called the District Attorney or Assistant District Attorney. A U.S. Attorney prosecutes federal cases.
Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime.
Jurisdiction varies from state to state and sometimes county to county.
Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.
Bail is money paid that is held by the Monroe County or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment.
Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in the Monroe County Jail until their trial. Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.
A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. A judge or court officer in the {county extended} or municipal court sets bail. Judges in Pennsylvania rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.
It is always important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsman will not call asking for money without involvement of the arrested.)
A judicial public bond or personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible for paying the court. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance.
Cash percentage in lieu of bonds. If the bond order permits, the defendant pays a percentage of the amount, (sometimes up to 100%) to the court, which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.
Surety Bond is when defendant pays a percentage of the bond amount (usually 10–15%) to a professional bondsperson or bail bond company licensed to do business in Pennsylvania, {county extended}. The bondsperson then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsperson feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsperson may determine a defendant is a flight risk if they are from a state other than Pennsylvania.
A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted) Usually, the property must be in Monroe County, and it must be worth at least the amount of the bond.
An Unsecured Bond is when the defendant is released without paying bail upfront, but they must pay the full amount if they do not appear in court.
A Secured Bond is when the defendant pays a portion of the bail up front. If they show to court,
They would get the money back and if they don’t show up to court, would have to pay the entire bail amount.
A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest.
If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings.
Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases.
In Pennsylvania, each county operates a public defender office except for Philadelphia which operates as a non-profit law firm under contract with the city of Philadelphia. This link will provide the contact numbers for public defense in each region of Pennsylvania.
For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court. This website provides contact information for pro bono contacts in Pennsylvania.
Many courts will provide forms and help for people who want to represent themselves, called pro se. Here is a link for legal self-help centers in Pennsylvania.
For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view.
A district court can refer to the first level of the legal system, or a minor court. District courts are in the community. A district court can also refer to a U.S. Federal District Court that hears federal cases. There are three U.S. federal district courts in Pennsylvania, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late for court can land you in custody as well.
Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered. This information does not include conversations between the arrested and their attorney.
Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings. A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment. The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty. There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.
Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial. If a jury is selected, it is called a jury trial. If the defendant is found not guilty, they are released. If they are found to be guilty, the next step is sentencing.
Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.
Appeal is asking for a higher court to hear the case again at an appellate court. If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.
Pennsylvania Felony vs Misdemeanor
In Pennsylvania, a misdemeanor is divided into four types. Examples of misdemeanors are trespassing, simple assault, petty theft and shoplifting.
- First degree misdemeanors have punishments of jail for up to 5 years and/or pay a fine up to $10,000.
- Second degree misdemeanors have punishments of jail for up to 5 years and/or pay a fine up to $10,000.
- Third degree misdemeanors have punishments up to one year in jail and fines up to $2,500.
- The fourth level of misdemeanor is he upgraded misdemeanor. These offenses include charges such as Driving Under the Influence, and carry penalties specifically outlined by the legislature but generally include possible fines less than $5000, jail sentences less than 24 months or a combination of the two.
A felony crime is a more serious crime than a misdemeanor and are divided into different classes which are general guidelines and are based on the crime, prior criminal history and other factors. Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft.
- In Pennsylvania, felonies are divided into Murder in the first, second and third degree.
- Remaining felonies are:
- First Degree felonies have maximal prison time of 20 years and a fine of $25,000 or both.
- Second degree felonies have maximum prison time of 5-10 years with a $25,000 fine or both.
- Third degree felonies have maximum prison time of 7 years with a maximum fine of $15,000.
The Monroe County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.
A warrant is used to get someone to appear in court or to law enforcement. There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime.
A criminal summons is issued to request that a person appear in court at a particular time and date. It does not involve an arrest. A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.
A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.
Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Monroe County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest. It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket.
Pennsylvania Criminal Court System - How it Works
Magisterial District Courts manage most of the entry level crimes in Pennsylvania. These courts and Municipal Courts of Philadelphia and Pittsburgh handle violations of upgraded misdemeanor offenses that occur within the city or town police jurisdiction. Initial graded misdemeanor and felony proceedings can be overseen in the magistrate and municipal courts but are transferred to the court of Common Pleas for prosecution.
Court of Common Pleas are in each county and handle all misdemeanor and felony cases. Jury and non-jury trials take place here. They can hear appeals from the District Court and municipal courts. Juvenile cases are usually handled in a special division of the Court of Common Pleas. A juvenile in Pennsylvania courts is an individual between the ages of 10 and 18.
Superior Court is the appellate court for criminal and civil matters from the Court of Common Pleas. The Superior Court has a panel of judges who generally are cases in Philadelphia, Harrisburg or Pittsburgh. Most cases are heard by the 3 judges assigned to the closest court location, although cases may be heard en banc, meaning by all 9 judges.
Specialty courts or problem-solving courts are being adopted in many states as a way to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. Pennsylvania offers the following Problem-Solving Courts: Veterans’ courts, drug courts, DUI courts, Juvenile drug courts and mental health courts. For further information regarding Pennsylvania Problem Solving courts, use this website.
The Pennsylvania Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The Pennsylvania State Supreme Court deals with the state constitution, laws, or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal. The criminal cases are usually referred from the Pennsylvania Superior Court
FEDERAL COURT
Federal Court deals with crimes involving violations of United States laws. Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.
Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime.
There are some differences in the Federal court system as compared to the Pennsylvania state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).
Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.
There are three U.S. Federal Judicial Districts in Pennsylvania.
