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District Attorney FAQ

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1. I received a bad check, how do I file charges?

Go to your local District Justice Office. Ask for the forms to file a private criminal complaint. If the check was for an amount less than $200.00 the District Justice Office will process your complaint. If the check was in the amount of $200.00 or greater, the District Justice Office will forward your complaint to the District Attorney’s Office for review. To complete the forms, you will need information from the bad check. You will receive notice of a time and date for an appointment with an Assistant District Attorney who will approve or deny your private criminal complaint. The Assistant District Attorney will determine if you have all the necessary information to move forward with a criminal bad check charge. The criminal bad check statute requires that after the check has been refused by the drawee for lack of funds, the person that issued the check must receive notice of the bank’s refusal and be given 10 days to make good on the check. Although notice may be given orally, it is better to give notice by registered or certified mail so that a postal receipt would be available for court purposes.

Please review the Bad Checks Statute before filing your complaint.

§4105 Bad Checks

2. I paid for services or an item I never received, can I file charges?

Contractual agreements may not be criminal. If you hire someone and make an agreement to pay the individual to perform work at your home and the person fails to perform that work if may be a civil problem for breach of the contractual agreement rather than a criminal problem. You may want to consult a civil lawyer to determine if you can sue the individual in an attempt to get your money back. You may also want to report the matter to the Bureau of Consumer Protection which is part of the Pennsylvania Attorney General’s Office.

There are times when these situations may rise to the level of criminal actions. If the individual took your money and never intended to perform any work of if the individual was deceptive in his business practices, criminal charges may be appropriate. If you believe your situation may rise to the level of criminal actions, you should report the event to your local police department for their review.

3. I am a victim and I want to drop charges, what do I do?

Only the Assistant District Attorney prosecuting the case can drop charges in court. Your comments and how you feel about the prosecution of the case in which you are a victim are important to us. You should contact the Assistant District Attorney who is assigned to your case and speak with him or her.

4. How can I get a PFA (Protection From Abuse) Order?

DURING BUSINESS HOURS: To obtain a Protection From Abuse (PFA) Order, Monday through Friday between 8:30 a.m. and 3:30 p.m., the victim must go to Family Court located on the 5th floor of the Chester County Justice Center.

AFTER BUSINESS HOURS: To obtain a PFA after 4:30 p.m. on a business day, on the weekend, or on a day in which the Chester County Courthouse is closed, the victim must go to the on-call district justice for an Emergency PFA. The victim should call his or her local police department to find out who is the district justice on-call. The Emergency PFA is only valid through the close of the next business day. For example, if a victim obtains an Emergency PFA on a Friday evening, that PFA is only valid through Monday at 4:30 p.m.

ASSISTANCE: The Chester County Crime Victims’ Center and the Chester County Domestic Violence Center are available to assist victims filing a PFA Petition and for court accompaniment.

The Chester County Crime Victims’ Center may be reached twenty-four hours a day at
610-692-7420.

The Chester County Domestic Violence Center may be reached at 610-431-1431,
Monday to Friday between 8:00 a.m. and 4:30 p.m.

5. The police are not doing anything to investigate my complaint,what can I do?

Your local police department is responsible for your community. Many times they are called upon to prioritize the events in their community. Obviously emergencies come first especially where life or limb is at stake. If you believe your complaint is not being processed timely, call and speak with the police officer, his or her supervisor or the Police Chief. Police Departments answer to the Mayor or Township Supervisors in your community.

If criminal charges have already been filed in your case and you are concerned about the delay between arrest and court proceedings, call the District Attorney’s Office and ask to speak to the Assistant District Attorney who is assigned to your case.

6. I want to file criminal charges against someone, how do I do this?

Criminal charges are filed by police agencies. You should report the crime to the police department where the crime occurred. The police will investigate and gather information and evidence. If the police determine criminal charges are appropriate, they will file the charges. If the police determine that criminal charges are not appropriate you may seek to file a private criminal complaint at the District Justice Office in the jurisdiction where the crime occurred. Once you complete the appropriate paperwork at the District Justice office it will be forwarded to the District Attorney’s Office. You will receive notice of an appointment with an Assistant District Attorney who will decide if criminal charges are warranted.

If you are only seeking to file a criminal summary offense charge against someone, the District Justice Office may process your private criminal complaint and you do not need the approval of the District Attorney’s Office. The most common summary offense charges are Harassment and Disorderly Conduct.

The criminal statutes defining each of these crimes appear by clicking these buttons:

§5503 Disorderly Conduct

§2709 Harassment & Stalking

7. Can I get my criminal record expunged?

The following statute sets forth the rules for expungement of an adult criminal record:

§9122 Expungement
If you were convicted of a crime as an adult (age 18 or over), under most circumstances, the record of your conviction may not be expunged.

Different rules apply if you were convicted (adjudicated) in the juvenile justice system:

§9123 Juvenile Records

However, you may apply for a pardon with the Board of Pardons, their website explains how to apply for a pardon http://sites.state.pa.us/PA_Exec/BOP/.

8. How do I contact my local police department?

Click on the link below for a listing of the local police departments in Chester County. Directory of Local Police Departments