After an arrest in Pennsylvania, time matters. You face uncertainty about charges while police conduct their investigation. The clock ticks differently depending on whether you are in custody or free on bail, creating critical timeframes you should understand to protect your rights.
Criminal defense representation in Pennsylvania guides you through these complex timing rules. We help clients at Rubin, Glickman, Steinberg & Gifford navigate post-arrest procedures while prosecutors decide on formal charges. Our legal team explains the procedural deadlines and works to ensure authorities respect your constitutional protections during this vulnerable period.
Understanding the Distinction Between Arrest and Formal Charges
Police arrest you when they have probable cause, but this does not mean prosecutors have filed formal charges yet. Arrest gives law enforcement authority to detain you briefly while they gather additional evidence. Initial charges come later in a criminal complaint filed by the police, often in consultation with prosecutors. At a later stage, finalized charges are filed by prosecutors in a document known as the “Information”.
This gap between arrest and charging creates confusion for many people. You may spend hours or even days in custody before a decision is made to proceed with prosecution. Sometimes authorities release you without charges, while other times they hold you until preliminary arraignment. Pennsylvania law requires a preliminary arraignment within 72 hours of arrest if you remain in custody.
Statute of Limitations for Filing Charges
Pennsylvania imposes time limits on criminal prosecution based on crime severity. These statutes of limitations begin when the alleged offense occurs, not when police arrest you. For misdemeanors, prosecutors generally have two years to file charges. Felonies carry longer limitation periods, with some serious crimes having no time limit at all.
Murder and other serious violent crimes face no statute of limitations in Pennsylvania. Lesser felonies typically have a five-year limitation period. Summary offenses must be prosecuted within one year. However, these deadlines apply to the initial filing of charges, not to how long police can hold you after arrest.
If you are arrested near the end of a limitation period, prosecutors may rush to file charges before time expires. Alternatively, if significant time remains on the limitation clock, authorities might release you while continuing their investigation. They may arrest you again later once they have stronger evidence.
Time Limits for Defendants in Custody
When you remain in custody after arrest, Pennsylvania law protects you with the speedy trial rule. Prosecutors must bring you to trial within 180 days of filing formal charges for serious cases, or within 90 days for less serious offenses. These deadlines may be extended if delays result from defense motions or other factors outside prosecution control.
The preliminary hearing must be scheduled within 14 days of your preliminary arraignment if you are held in jail. This hearing allows a judge to determine whether sufficient evidence exists to proceed with charges. If the Commonwealth fails to meet these deadlines without good cause, your attorney may file a motion to dismiss the charges.
Bail becomes crucial during this period. If you secure release before the preliminary arraignment, the pressure on prosecutors to move quickly decreases. However, you still benefit from the requirement that formal charges precede any preliminary hearing.
What Happens If Police Miss Deadlines
Missing procedural deadlines can result in case dismissal or other favorable outcomes for defendants. If police hold you beyond 72 hours without a preliminary arraignment, your criminal defense attorney can file a motion challenging the legality of your continued detention. Courts take these violations seriously because they infringe on fundamental liberty interests.
When prosecutors fail to ensure that a preliminary hearing is scheduled within 14 days, or when they miss trial deadlines, similar remedies may apply. However, not all deadline violations lead to automatic dismissal. Courts evaluate whether the delay prejudiced your defense or violated your rights substantially. Good cause for delay, such as witness unavailability or pending lab results, may excuse missed deadlines.
Understanding these procedural protections helps you recognize when authorities have exceeded their legal authority. Your attorney monitors all deadlines and holds prosecutors accountable for compliance with statutory and constitutional requirements. Filing timely motions challenging procedural violations may result in dismissed charges, reduced bail, or more favorable plea negotiations.
Contact Rubin, Glickman, Steinberg & Gifford for Pennsylvania Criminal Defense
Navigating the period between arrest and formal charges requires an attorney who understands Pennsylvania criminal procedure. At Rubin, Glickman, Steinberg & Gifford, we have represented clients in southeastern Pennsylvania for over 65 years. Our firm has been recognized as a Best Law Firm by U.S. News & World Report every year since 2010 and maintains an AV rating by Martindale-Hubbell. We are the largest criminal defense firm in Montgomery and Bucks counties.Our attorneys monitor charging deadlines, preliminary hearing schedules, and speedy trial requirements to protect your rights. Whether police arrested you recently or you face pending charges, we provide the strategic representation you need during this critical time. Contact us online today to discuss your case during a free consultation.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
January 26, 2026
