• Magistrates hear criminal disputes that occurred within a municipal area or subdivision.Fotodesign Holzhauser/Creatas/Getty Images
  
  The Pennsylvania Magistrate Court hears local disputes and traffic violations. Magistrates file warrants in their office, but they do not sign or originate warrants. Wayne County, Pennsylvania, magistrates recommend re-filing criminal charges in the district attorney's office because the warrant requires a statement of subsections of statutes violated, supported by evidence. Refiling of warrants may be necessary because the district attorney will not prosecute until adequate evidence can be presented in the courtroom.
  
  

Pennsylvania Magistrate Court

• Pennsylvania Rules of Criminal Procedure 503 and 504 state that every criminal court case begins with a complaint brought to an issuing authority, the police or the district attorney. The Philadelphia Municipal Court only hears misdemeanor cases. The complaint must contain (1) the name of the person bringing the complaint, (2) the name and address of the defendant, (3) the accusation or specific behavior in violation of the criminal law of the Commonwealth of Pennsylvania, (4) where the violation occurred, (5) the specific section and subsection of the statute or ordinance violated, (6) notation of availability of medical records or fingerprints if applicable, and (7) a request for a warrant. The complainant must sign a statement that the alleged violation is against the peace of the Commonwealth of Pennsylvania and that the facts in the complaint are true and correct. Making false statements in a criminal complaint is a criminal offense.
  
  

Refiling Criminal Charges in Magistrate Court

• Warrants, approved by the issuing authority, are investigated to prepare the case for criminal prosecution. The warrant may be disapproved during the investigative process due to (1) insufficient evidence, (2) an uncooperative victim, (3) a witness, who lacked credibility, (4) inconclusive identification of the defendant, (5) insufficient cause for a warrant, (6) inadmissible evidence, or (7) lack of planning. A criminal case is not ready to be heard in court until the prosecutor has enough evidence to present a clear and convincing case that the alleged criminal act occurred. Pennsylvania Rules of Criminal Procedure prohibit dismissing criminal actions for insufficient paperwork or over local rules. The warrant may be refiled in a number of ways to correct a deficiency. The warrant can be rewritten citing different subsections of laws, or offenses may be consolidated, if criminal acts occurred in more than one municipality, allowing all the charges to be filed in the same jurisdiction.
  
  

Approving Criminal Charges

• If the crime you are reporting did not happen in the presence of a police officer, you must file a private complaint. If your private complaint is approved, it is sent to an issuing authority for a warrant. If the complaint is not approved, the reasons for rejection are stated on the complaint form. The complainant can either amend the complaint or submit it to the court of common pleas. You could add witness testimony or prepare the victim to testify. The district attorney may require the affidavits filed to obtain an arrest warrant to be brought to the court by police officers. If the complaint exceeds the limits of the magistrate court, the district attorney can file certification with the Court of Common Pleas specifying the grades of the offenses (class D felony, for example) and the date when the case will be heard stating whether an arrest warrant should be issued.