Scope: Lehigh County, Pennsylvania—local criminal procedure. Statewide criminal law lives on our criminal-defense and DUI pages. County filing and courthouse mechanics live on the parent Lehigh County courts guide. Current rules, notices, and case-specific orders control. The official sources below were checked on August 13, 2026.
How a Lehigh County criminal case moves
Most Lehigh County misdemeanor and felony cases begin in a magisterial district court. If charges are held for court after a preliminary hearing—or the hearing is waived—the case moves to the Court of Common Pleas in Allentown. Lehigh's local rules and programs then add several county-specific steps: percentage-cash-bail administration through Lehigh Valley Pretrial Services; an aggregate limit on MDJ-granted preliminary-hearing continuances; a first status conference scheduled with formal arraignment; DUI Central Court for § 3802 preliminary hearings; a local administrative workflow for completed ARD cases; and three Recovery Court tracks. The exact sequence still depends on the charge, custody status, court order, and program eligibility.
The local process at a glance
Who this is for—and what it does not cover
This guide is for adults charged in Lehigh County, including people with a DUI case, and for families trying to understand bail and the first court dates. It is not a guide to juvenile cases, summary citations, or the defenses to a particular charge. If the arrest occurred in Bethlehem, first confirm whether the case is in Lehigh or Northampton County. For the neighboring county's workflow, use the Northampton County criminal-procedure guide.
Percentage cash bail and the 24-hour call
Leh.R.Cr.P. 528, Pa.R.Crim.P. 528, and the county's current Pretrial Services page. Percentage cash bail is one possible bail type. When the bail authority authorizes it, the local rule ordinarily requires a deposit of 10 percent of the amount set, subject to the rule's minimum. The defendant or another person may supply the money. Statewide Rule 528(F) requires the person accepting the deposit to explain two choices to a third party: sign the bond as surety and accept liability for the full bail amount if the defendant fails to appear or comply, or supply the money without becoming surety, relinquish any later claim for its return, and have the defendant become the named depositor and surety. The bond and receipt should identify which path was used. Nothing on this page predicts whether percentage bail will be granted, what amount will be set, or whether a person will be released.
Call after release. Lehigh Valley Pretrial Services states that once 10 percent bail is posted, the defendant must call the agency within 24 hours after release. That call does not replace any reporting, treatment, travel, no-contact, or other condition in the written bail order. Keep the bond, receipt, release paperwork, and proof of every required contact.
What may be returned. The county's public page states that at full and final disposition, 70 percent of a third-party surety's deposit is returned to that surety. That statement is not a promise in every case and does not apply to a person who merely supplied the money and relinquished the return claim. A forfeiture can create full-amount liability for the named surety. If the defendant is the named depositor, Pa.R.Crim.P. 535 permits the Commonwealth to move for otherwise-returnable funds to be applied to restitution, fees, fines, and costs in that case, subject to the rule's procedure and hardship protection. The identity on the receipt, the bail bond, later orders, and final case posture all matter.
Changing conditions. Pa.R.Crim.P. 529 provides a procedure for modifying bail and supervision conditions. A request for modification must address the facts and release risks; it is not automatic merely because a condition is difficult.
The preliminary hearing and Lehigh's continuance rule
Pennsylvania law and Leh.R.Cr.P. 542. The preliminary hearing is a screening proceeding, not a trial. After the first scheduled date, a Lehigh County magisterial district judge may grant a requested continuance only for the minimum period necessary, and all continuances granted under that local authority may not exceed 21 days in the aggregate from the date the hearing was first scheduled.
A request outside that authority must be presented as a written motion showing good cause to the District Justice Court Administrator—or, in that official's absence, an appropriate Common Pleas judge—with 48 hours' advance notice to the defendant or defense counsel, or to the attorney for the Commonwealth, as applicable. If granted, the order must set the new hearing time. The rule does not make a continuance automatic; build the factual and scheduling record before the deadline becomes the problem.
Formal arraignment and the first status conference share a date
Leh.R.Cr.P. 571. Lehigh County holds the first status conference at the same time as formal arraignment. Defense counsel who has entered a written appearance may file a properly executed written waiver of arraignment signed by counsel and the defendant. Attendance at the status conference, however, is mandatory under the local rule and cannot be waived.
A waiver therefore does not clear the entire listing. Follow the written notice received when the case is held for court or waived to Common Pleas, and follow any later case-specific order. Failure to attend a required event can have serious consequences. Before the listing, counsel should understand the discovery posture, open negotiations, program questions, and next scheduling decision; the conference itself does not guarantee a plea, ARD decision, or trial date.
The DUI track: Central Court, CRN, and the DUI Unit
Lehigh County procedure. Lehigh County centralizes preliminary hearings in cases charging DUI under 75 Pa.C.S. § 3802 through DUI Central Court under its administrative orders. The originating magisterial district court schedules and maintains the case under the published procedure. The September 2023 amendment changed a staffing provision in the earlier order; this guide deliberately states no universal Central Court date, rescheduling method, or room. The current summons, docket notice, and court instructions control each case.
A CRN evaluation is required before sentencing on a DUI conviction and before a person receives DUI ARD or another preliminary disposition under 75 Pa.C.S. § 3816(a). Lehigh's DUI Unit page says the evaluation is completed after the preliminary-hearing stage. The unit supervises both DUI ARD participants and people convicted of DUI who are placed on probation or parole, and it runs Alcohol Highway Safety School. Delay can postpone sentencing or ARD placement, but neither this page nor the county's general page establishes a single appointment schedule for every case.
For Pennsylvania DUI law, sentencing tiers, licensing consequences, and defense issues, use the DUI page. A completed DUI ARD can also matter in a later case under current 75 Pa.C.S. § 3802(h); our Shifflett and Act 58 explainer addresses that separate issue.
County contrast. Lehigh maintains the administrative DUI Central Court structure. By contrast, the Pennsylvania Supreme Court's June 20, 2025 order directed Northampton County's § 3802 preliminary-hearing cases back to their originating magisterial district courts; reconsideration was denied July 29, 2025. The Northampton guide explains that county's process.
ARD completion, dismissal, and expungement processing
Statewide rules and Lehigh's local administrative workflow. ARD is discretionary: the District Attorney recommends admission, the court decides whether to approve it, and statutory exclusions and local criteria apply. Under Pa.R.Crim.P. 319, a defendant who satisfactorily completes ARD may seek dismissal; if dismissal is ordered, Rule 320 generally requires a companion expungement order, subject to a timely Commonwealth objection and statutory limits. Lehigh's distinctive operational feature is the local Rule 320 workflow used to identify successful completions and prepare the dismissal and expungement orders.
Leh.R.Cr.P. 320 directs Adult Probation to determine which defendants completed the program successfully, including payment of costs and restitution, and to report closures to the Clerk of Judicial Records. The Clerk forwards the successful-completion list to the District Attorney, who may object by petition; after review and approval, the Clerk prepares dismissal and expungement orders for the court. Records are not expunged through that workflow when conditions remain incomplete, and 18 Pa.C.S. § 9122(b.1) bars ARD expungement for specified offenses when the victim was under 18.
The county's self-help page describes the local cutoff this way: qualifying ARD cases the county describes as “sentenced after July 9, 2012” use automatic processing when the program, supervision, and financial conditions are complete; older ARD cases and other eligible matters require a petition. “Automatic” does not mean the record vanishes the day supervision ends. Signed court orders are still required. Confirm that the dismissal and expungement orders were entered and that the relevant record systems reflect them. A case closed with outstanding conditions may require later petition practice after those conditions are satisfied.
The Pennsylvania record-clearing guide distinguishes expungement, Clean Slate limited access, petition-based limited access, and pardons. Expunging an ARD record also does not erase every forward-looking statutory consequence, including the current DUI rule discussed in the Shifflett/Act 58 article.
Petition-based limited access is separate. Lehigh County's Clean Slate self-help page identifies a Pennsylvania State Police criminal-history record, the applicable statewide petition, and county certificate among the filing materials submitted to the Clerk of Judicial Records. Those forms do not establish eligibility; 18 Pa.C.S. § 9122.1 and the full record control. Confirm the current packet before filing.
Recovery Court: three tracks with different legal starting points
Lehigh County's current program page. Lehigh County describes its Recovery Courts as voluntary treatment-and-supervision programs for eligible people with substance-use disorders or serious mental illness. The program includes Drug Treatment Court and Mental Health/Wellness Court, generally runs through phases lasting about 12 to 18 months, is designed for nonviolent offenders, and reviews applicants case by case. In 2026 administrative orders, the court formally established Drug Treatment Court and Mental Health (Wellness) Court under 42 Pa.C.S. § 916. Those descriptions and orders do not promise admission or a particular result.
| Track | Published legal posture |
|---|---|
| Track I — Diversion | The District Attorney has sole approval discretion. The participant enters a DA-approved guilty plea and signs the written plea materials, but sentencing is deferred. After successful completion, the published program permits withdrawal of the plea; felony charges may be resolved through a plea to lesser charges, while original misdemeanor charges may be dismissed. |
| Track II — Standard | The participant enters a DA-approved guilty plea and is sentenced immediately. The track is an alternative to incarceration and requires at least 18 months of community supervision, subject to governing law and the sentence. |
| Track III — Recovery | This track is for an eligible person already under Lehigh County probation or parole supervision who has violated the prior sentence. The participant acknowledges a violation and is resentenced to at least 12 months of community supervision, apart from any incarceration. |
The central strategic distinction is not simply “treatment court or no treatment court.” Track I begins with a guilty plea but defers sentencing and may permit a different final charge resolution. Track II begins with an immediate conviction and sentence. Track III arises from an existing supervision violation. Eligibility, the plea terms, collateral consequences, the intensity of supervision, and the result on noncompletion all require case-specific review before an application or plea.
Frequently asked questions
How does percentage cash bail work in Lehigh County?
When the bail authority authorizes percentage cash bail, Leh.R.Cr.P. 528 generally requires a deposit equal to 10% of the amount set, subject to the rule’s minimum. A person supplying the money may sign as surety and accept full-amount liability, or may decline that role and relinquish any later claim to the money while the defendant becomes the named depositor and surety. After release on 10% bail, the defendant must call Lehigh Valley Pretrial Services within 24 hours. The bond, receipt, forfeiture rules, and depositor identity control what may be returned.
Is 21 days an absolute cap on every Lehigh County preliminary-hearing continuance?
No. Under Leh.R.Cr.P. 542(b), an MDJ may grant only the minimum necessary continuances and may not exceed 21 aggregate days from the first scheduled hearing. A request outside that authority requires a written motion showing good cause and 48 hours’ advance notice to the other side, presented to the District Justice Court Administrator or, in that administrator’s absence, an appropriate Common Pleas judge. Statewide rules and case-specific orders also control.
Can I waive formal arraignment and skip the first status conference?
No. A represented defendant may waive formal arraignment through counsel’s written appearance and properly executed waiver, but Leh.R.Cr.P. 571 states that attendance at the first status conference is mandatory and cannot be waived. Follow the current court notice and seek advance relief if an attendance problem arises.
What is DUI Central Court in Lehigh County?
Lehigh County administrative orders establish a Central Court for cases charging DUI under 75 Pa.C.S. § 3802. The originating magisterial district court schedules and maintains the case under the published procedure. The date, location, and attendance instructions on the current summons or court notice control.
Does Lehigh County automatically expunge an ARD case?
The county says ARD cases sentenced after July 9, 2012 enter its automatic processing only after successful completion, the end of supervision, and satisfaction of all applicable conditions and financial obligations. The District Attorney may object, and 18 Pa.C.S. § 9122(b.1) bars ARD expungement for specified offenses when the victim was under 18. Earlier cases and later cases that do not complete the automatic process may require a petition. Confirm that dismissal and expungement orders were entered and implemented.
What is the difference between Recovery Court Track I and Track II?
Track I is the diversionary track, but it requires District Attorney approval and an approved guilty plea with sentencing deferred. Successful completion may permit withdrawal of the plea and the reduction or dismissal described in the county’s program rules. Track II begins with an approved guilty plea and immediate sentencing as an alternative to incarceration. Admission and the appropriate track are case-specific.
What to bring to a consultation
- Every paper from the arrest or summons forward, including the criminal complaint, affidavit if available, preliminary-hearing notice, and Common Pleas listing.
- The bail bond, depositor receipt, release conditions, and proof of the required Pretrial Services call or reporting.
- Every scheduled date and any continuance request, order, or notice.
- For a DUI, the summons and anything received about Central Court, the CRN evaluation, Alcohol Highway Safety School, or ARD.
- Dates and dispositions for prior charges, ARD placements, convictions, and supervision, because they can affect eligibility and exposure.
Current county forms are collected on the Lehigh County court-forms page. Substantive defense issues belong on the criminal-defense page; countywide filing and courthouse mechanics belong on the parent Lehigh County courts guide.
This page describes selected Lehigh County procedures as published in local rules and official court materials checked on the date shown. Procedures, programs, schedules, and fees can change; statutes, statewide and local rules, current notices, and case-specific orders control. Nothing here promises release, admission to a program, expungement, or any case result. This is general information, not legal advice, and reading it does not create an attorney-client relationship.