A summary offense case in Lehigh County is normally tried before and issuing authority, namely a magisterial district justice. It must be tried as if it were a nonjury trial in the Court of Common Pleas.
Immediately prior to trial, the issuing authority must advise the defendant of the charges. If there is a reasonable likelihood of a sentence of imprisonment or probation, the defendant must be advised of the right to retain a Lehigh County criminal lawyer, be given a reasonable opportunity to obtain counsel, and, if the defendant is without financial resources or is otherwise unable to hire an attorney, the defendant must be assigned counsel pursuant to Rule of of Criminal Procedure 122.
When a defendant is under age 18 at the time of the offense, if the mandatory sentence is prescribed by a statute, the issuing authority may not conduct the trial but must move the case forward to the Court of Common Pleas. This is pursuant to Rule 454.
The attorney for the Commonwealth, or with his consent, an attorney representing the municipality when a violation of a municipal ordinance is charged, may appear and assume the role and power of the prosecution. As the judge presiding at the summary trial, the issuing authority controls the conduct of the trial. When no attorney appears at the trial on behalf of the Commonwealth, the issuing authority may ask questions of any witness who testifies, and the affiant may request the issuing authority to ask specific questions. When appropriate, the issuing authority may also permit the affiant to question Commonwealth witnesses, cross examine defense witnesses, and make recommendations about the case to the issuing authority
Although the defendant may not request pretrial discovery in summary cases, the constitutional guarantees found in Brady v. Maryland and its subsequent cases still apply. Theses cases involved the issues where the prosecution had withheld evidence from the defendant that would have been helpful to the defendant's defense.
The issuing authority may not use to weigh audiovisual communication at trial unless the defendant consents or otherwise waves the right to be present. In a summary trial the same rules of evidence apply that would apply any nonjury trial. The defendant may move to suppress evidence, and request that witnesses be sequestered.