HOW DO I FILE A PRIVATE CRIMINAL COMPLAINT?
Private Criminal complaints have two varieties:

  • Summary
  • Court Cases

Summary cases are minor offenses such as Bad Checks (under $200.00), Simple Trespassing, Retail Theft (shoplifting),etc. which may be filed with the Magisterial District Judge.

Court Cases are serious crimes which can be filed on a Private Complaint form by you or your attorney, but which must be submitted to the county District Attorney for approval. If the case is approved, then the complaint is forwarded back to the Magisterial District Judge staff for filing.

If the District Attorney declines to approve your case, then you may petition the Court of Common Pleas under PA Rule of Criminal Procedure 506. You will most likely be required to have an attorney file such a petition.

Please remember that as the prosecutor of a private summary case, you have the burden of proving beyond a reasonable doubt every element of the crime charged against the defendant including his or her criminal intent. All proof must be available on the day of the trial, unless the Magisterial District Judge allows more time. "Hearsay" is not allowed; all witnesses must be present in court.

The prosecutor in a Court Case is the District Attorney, who will present the case not on your behalf, but on behalf of the commonwealth.

Court Costs – It costs you nothing to file a case. However, if you withdraw a complaint or the defendant is found not-guilty, you will be assessed the costs.

2. How do I find a Constable?

Constables are enlisted by the Magisterial District Judge to serve process for their office – they are not employees of the Magisterial District Judge, nor are they employees of the Court of common pleas. Constables are elected officials, and their deputies are appointed by each constable.

Constables are certified by the Pennsylvania Commission on crime and delinquency (www.pccd.state.pa.us), and a listing of them can be found at this site.

We have several constables in Union County which serve both Magisterial District Judges. Whether you use a constable for service of a complaint is up to you, for the most part. The Union County Sheriff is also often used to affect service. Both the Constables and the Sheriff have a statutory schedule of fees which they charge for their work.

A listing of Constables can also be found in the Clerk of Courts Office in the Union County Courthouse.

3. I have legal questions regarding my case- what do I do?

The employees in the Magisterial District Judge office may not (By Rules of Court) give legal advice. Legal questions should be directed to your attorney.

The following is a list of resources available:

  • Yellow pages of the Phone Book. (Attorneys)
  • Lawyer Referral Service: 742-225-6710

As the Judicial officer hearing the case, the Magisterial District Judge may not advise you on the merits of your case, or consider letters containing factual matters outside of Court.)

4. What if I have a complaint about a Magisterial District Judge?

  • You may write a letter to the Court Administrator for Union and Snyder Counties:

    Charlotte Kratzer, Court Admin.
    Snyder County Courthouse
    Middleburg PA 17842
  • Write a letter to The Supreme Court Administrator:

    Administrative Office of PA Courts
    5001 Louise Drive
    Mechanicsburg PA 17055

5. What if I want my hearing before a different Magisterial District Judge?

The moving party must request that the Magisterial District Judge recuse (excuse) himself/herself, and that this case be sent to another Magisterial District Judge. If the Magisterial District Judge agrees to recuse, then the Magisterial District Judge may secure another Magisterial District Judge to hear the matter or request the Court Administrator to appoint another Magisterial District Judge. You must know that a change of venire is rarely granted. ("Judge-Shopping" is not allowed.)

6. How do I Appeal a Magisterial District Judge Decision?

A. Summary criminal cases (traffic citations, Disorderly Conduct, Fish and Game Law Citations, parking tickets, etc.)

You have 30 days after the date of conviction to file an appeal with the County Clerk of Courts, who will provide you with the appropriate form and accept a fee for filing the appeal. Thereafter, the case will be heard by a Judge of the Court of Common Pleas. Most people represent themselves, but you may hire a lawyer to speak on your behalf. If you are in danger of being jailed as a result of the new appeal, you may apply for the Public Defender if you cannot afford counsel. The Magisterial District Judge can supply you with the appropriate form.

B. Civil Cases/ Landlord-tenant cases

You have 30 days from the date of judgment to file your appeal with the county prothonotary, who will provide you with the proper filing form and accept a filing fee. Thereafter, in most cases, a panel of three lawyers will be appointed to hear the appeal. You may choose to hire a lawyer to represent your interests.