reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part F - Procedures in Summary Cases for Appealing to Court of Common Pleas for Trial De Novo › Rule 462 - Trial De Novo

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				When a defendant appeals after the entry of a guilty plea or a conviction by an
				issuing authority in any summary proceeding, upon the filing of the transcript
				and other papers by the issuing authority, the case shall be heard
de
				novo
by the judge of the court of common pleas sitting without a
				jury.
(B) The attorney for the
				Commonwealth may appear and assume charge of the prosecution. When the
				violation of an ordinance of a municipality is charged, an attorney
				representing that municipality, with the consent of the attorney for the
				Commonwealth, may appear and assume charge of the prosecution. When no attorney
				appears on behalf of the Commonwealth, the affiant may be permitted to ask
				questions of any witness who testifies.
(C) In appeals from summary proceedings
				arising under the Vehicle Code or local traffic ordinances, other than parking
				offenses, the law enforcement officer who observed the alleged offense must
				appear and testify. The failure of a law enforcement officer to appear and
				testify shall result in the dismissal of the charges unless:
(1) The defendant waives the presence of the
				law enforcement officer in open court on the record;
(2) The defendant waives the presence of the
				law enforcement officer by filing a written waiver signed by the defendant and
				defense counsel, or the defendant if proceeding
pro se
, with
				the clerk of courts; or
(3) The
				trial judge determines that good cause exists for the law enforcement officer's
				unavailability and grants a continuance.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part F - Procedures in Summary Cases for Appealing to Court of Common Pleas for Trial De Novo › Rule 463 - Dismissal of Summary Cases Upon Satisfaction or by Agreement in the Court of Common Pleas

Current through Register Vol. 54, No. 28, July 13, 2024
When a defendant is charged in a summary case, as defined in
				  Rule 103, that is before the court of common pleas, the judge of the court of
				  common pleas may dismiss the case upon a showing that:
(A) The public interest will not be adversely
				affected;
(B) The attorney for the
				Commonwealth, or in cases in which no attorney for the Commonwealth is present
				at the summary proceeding, the affiant, consents to the dismissal;
(C) satisfaction has been made to the
				aggrieved person or there is an agreement that satisfaction will be made to the
				aggrieved person; and
(D) There is
				an agreement as to who shall pay the costs.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part G - Special Procedures in Summary Cases Under the Vehicle Code › Rule 470 - Procedures Related to License Suspension After Failure to Respond to Citation or Summons or Failure to Pay Fine and Costs

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When a defendant fails to comply with the
				10-day response period set forth in Rules 407, 412, 422, and 456, the issuing
				authority shall notify the defendant in writing that, pursuant to Section 1533
				of the Vehicle Code, the defendant's license will be suspended if the defendant
				fails to respond to the citation or summons or fails to pay all fines and costs
				imposed or enter into an agreement to make installment payments for the fines
				and costs within 15 days of the date of the notice.
(B) Service of the notice required in
				paragraph (A) shall be by first class mail, and a copy shall be made part of
				the record.
(C) If the defendant
				does not respond by the fifteenth day, the issuing authority shall so notify
				the Pennsylvania Department of Transportation. The notice shall be sent by
				electronic transmission in the form prescribed by the Pennsylvania Department
				of Transportation. The issuing authority shall print out and sign a copy of the
				notice, which shall include the date and time of the transmission, and the
				signed copy shall be made part of the record.
(D) If the defendant responds to the citation
				or summons or pays all fines and costs imposed or enters into an agreement to
				make installment payments for the fines and costs imposed after notice has been
				sent pursuant to paragraph (C), the issuing authority shall so notify the
				Pennsylvania Department of Transportation and request the withdrawal of the
				defendant's license suspension. The notice and request shall be sent by
				electronic transmission. The issuing authority shall print out and sign a copy
				of the notice and request, which shall include the date and time of the
				transmission, and the signed copy shall be made part of the record.
(E) Upon request of the defendant, the
				attorney for the Commonwealth, or any other government agency, the issuing
				authority's office shall provide a certified copy of any notices or any request
				form required by this rule.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part G - Special Procedures in Summary Cases Under the Vehicle Code › Rule 471 - Disposition Report

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				The issuing authority shall report to the Pennsylvania Department of
				Transportation the disposition of all summary cases arising under the Vehicle
				Code. The report shall be sent by electronic transmission in the form
				prescribed by the Department.
(B)
				The issuing authority shall print out and sign a copy of the report, which
				shall include the date and time of the transmission, and a certification as to
				the adjudication, the sentence, if any, and the final disposition. The copy
				shall be made part of the record.
(C) Upon the request of the defendant, the
				attorney for the Commonwealth, or any other government agency, the issuing
				authority's office shall provide a certified copy of the report required by
				this rule.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part H - Summary Case Expungement Procedures › Rule 490 - Procedure for Obtaining Expungement in Summary Cases; Expungement Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Petition for Expungement.
(1)
				Except as provided in Rule 320 (Procedure for Expungement Upon Successful
				Completion of ARD Program) and Rule
				490.2 (Procedure for Expungement
				of Acquittals in Summary Cases; Expungement Order), an individual who satisfies
				the requirements of
				18 Pa.C.S. §
											9122 and
				18 Pa.C.S. § 9123(a)
				for expungement of a summary case may request expungement by filing a petition
				with the clerk of the courts of the judicial district in which the charges were
				disposed.
(2) The petition shall
				set forth:
(i) the petitioner's name and any
				aliases that the petitioner has used, address, date of birth, and social
				security number;
(ii) the name and
				address of the issuing authority who accepted the guilty plea or heard the
				case;
(iii) the name and mailing
				address of the affiant as shown on the complaint or citation, if
				available;
(iv) the magisterial
				district court number;
(v) the
				docket number;
(vi) the date on the
				citation or complaint, or the date of arrest, and, if available, the criminal
				justice agency that made the arrest;
(vii) the specific charges, as they appear on
				the charging document, to be expunged;
(viii) the disposition and, if the sentence
				includes a fine, costs, or restitution, whether the amount due has been
				paid;
(ix) the reason(s) for
				expungement; and
(x) a verification
				by the petitioner that facts set forth in the petition are true and correct to
				the best of the petitioner's personal knowledge or information and belief. The
				verification may be by a sworn affidavit or by an unsworn written statement
				that the facts are verified subject to the penalties for unsworn falsification
				to authorities under the Crimes Code § 4904,
				18 Pa.C.S. §
												4904.
Additional information shall not be required by local rule or
				  practice.
(3) Unless the attorney for
				the Commonwealth agrees to waive this requirement, a current copy of the
				petitioner's Pennsylvania State Police criminal history report shall be
				attached to the petition. The copy shall be obtained from the Pennsylvania
				State Police within 60 days before filing the petition. Absent a waiver by the
				attorney for the Commonwealth, the judge shall not rule upon the petition until
				the Pennsylvania State Police criminal history report is filed.
(4) A copy of the petition shall be served on
				the attorney for the Commonwealth concurrently with filing.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part H - Summary Case Expungement Procedures › Rule 490.1 - Procedure for Obtaining Expungement of Truancy Cases; Expungement Order

Current through Register Vol. 54, No. 28, July 13, 2024
(A) PETITION FOR
				EXPUNGEMENT
(1) An individual who satisfies
				the requirements of
				24
				P.S. §
											13-1333.3(h) for
				expungement of a summary truancy case may request expungement by filing a
				petition with the issuing authority by whom the charges were
				disposed.
(2) The petition shall
				set forth:
(a) The petitioner's name and any
				aliases that the petitioner has used, address, date of birth, and social
				security number;
(b) The name and
				address of the issuing authority who accepted the guilty plea or heard the
				case;
(c) The name and mailing
				address of the affiant as shown on the complaint or citation, if
				available;
(d) The magisterial
				district court number;
(e) The
				docket number;
(f) The school from
				which the petitioner had been found to be truant;
(g) The date on the citation or complaint, or
				the date of arrest, and, if available, and the criminal justice agency that
				made the arrest;
(h) The specific
				charges, as they appear on the charging document, to be expunged;
(i) The disposition and, if the sentence
				includes a fine, costs, or restitution, whether the amount due has been
				paid;
(j) that the petitioner has
				satisfied the requirements of
				24
				P.S. §
												13-1333.3(h) for
				expungement; and
(k) a verification
				by the petitioner that facts set forth in the petition are true and correct to
				the best of the petitioner's personal knowledge or information and belief. The
				verification may be by a sworn affidavit or by an unsworn written statement
				that the facts are verified subject to the penalties for unsworn falsification
				to authorities under the Crimes Code § 4904,
				18 Pa.C.S. §
												4904.
Additional information shall not be required by local rule or
				  practice.
(3) A
				copy of the petitioner's high school diploma, a Commonwealth secondary school
				diploma or another department of education-approved equivalent, or
				documentation that the petitioner is subject to an exception to compulsory
				attendance under
				24
				P.S. §
											13-1330 shall be attached to the
				petition.
(4) A copy of the
				petition shall be served on the affiant, the attorney for the Commonwealth and
				the school from which the petitioner had been found to be truant concurrently
				with filing.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 4 - PROCEDURES IN SUMMARY CASES › Part H - Summary Case Expungement Procedures › Rule 490.2 - Procedure for Expungement of Acquittals in Summary Cases; Expungement Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notice of Acquittal.
(1) In
				any summary case in which the defendant has been acquitted of all charges as
				provided in
				18 Pa.C.S. §
											9122(a)(4), the issuing
				authority shall promptly, but no later than 20 days after acquittal, notify
				either the clerk of courts of the judicial district in which the charges were
				disposed or, if the charges were disposed of in the Philadelphia Municipal
				Court, the clerk of Municipal Court.
(2) Within 10 days of receipt of the
				notification from the issuing authority, the clerk of courts or the clerk of
				Municipal Court, whichever applies, shall notify the defendant, defense
				counsel, if any, and the attorney for the Commonwealth that the case shall be
				ordered expunged, unless an objection is filed by the attorney for the
				Commonwealth.
(3) Thereafter, the
				case shall proceed as provided in subdivisions (b) and (c) of this
				rule.
(4) The notice issued by the
				clerk of courts or by the clerk of Municipal Court under subdivision (a)(2)
				shall set forth:
(i) the defendant's name and
				any aliases that the defendant has used, address, date of birth, and social
				security number;
(ii) the name and
				address of the issuing authority who heard the case;
(iii) the name and mailing address of the
				affiant as shown on the complaint or citation, if available;
(iv) the magisterial district court number,
				if applicable;
(v) the docket
				number;
(vi) the date on the
				citation or complaint, or the date of arrest, and, if available, the criminal
				justice agency that made the arrest;
(vii) the specific charges, as they appear on
				the charging document, to be expunged; and
(viii) a statement that all the charges
				resulted in a not guilty finding.
Additional information shall not be required by local rule or
				  practice.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part A - Preservation of Testimony › Rule 500 - Preservation of Testimony After Institution of Criminal Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(A) BY COURT ORDER.
(1) At any time after the institution of a
				criminal proceedings, upon motion of any party, and after notice and hearing,
				the court may order the taking and preserving of the testimony of any witness
				who may be unavailable for trial or for any other proceeding, or when due to
				exceptional circumstances, it is in the interests of justice that the witness'
				testimony be preserved.
(2) The
				court shall state on the record the grounds on which the order is
				based.
(3) The court's order shall
				specify the time and place for the taking of the testimony, the manner in which
				the testimony shall be recorded and preserved, and the procedures for custody
				of the recorded testimony.
(4) The
				testimony shall be taken in the presence of the court, the attorney for the
				Commonwealth, the defendant(s), and defense counsel, unless otherwise
				ordered.
(5) The preserved
				testimony shall not be filed of record until it is offered into evidence at
				trial or other judicial proceeding.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part A - Preservation of Testimony › Rule 501 - Preservation of Testimony by Videotape Recording

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When the testimony of a witness is taken
				and preserved pursuant to Rule 500 by means of videotape recording, the
				testimony shall be recorded simultaneously by a stenographer.
(B) The following technical requirements
				shall be made part of the court order required by Rule 500(A) or the written
				agreement provided in Rule 500(B):
(1) The
				videotape recording shall begin with a statement on camera that includes:
(a) The operator's name and business
				address;
(b) The name and address
				of the operator's employer;
(c) The
				date, time, and place of the videotape recording;
(d) The caption of the case;
(e) The name of the witness;
(f) The party on whose behalf the witness is
				testifying; and
(g) The nature of
				the judicial proceedings for which the testimony is intended.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B - Instituting Proceedings › Rule 502 - Instituting Proceedings in Court Cases

Current through Register Vol. 54, No. 28, July 13, 2024
Criminal proceedings in court cases shall be instituted
				  by:
(1) filing a written complaint;
				or
(2) an arrest without a warrant:
(a) when the offense is a murder, felony, or
				misdemeanor committed in the presence of the police officer making the arrest;
				or
(b) upon probable cause when the
				offense is a felony or murder; or
(c) upon probable cause when the offense is a
				misdemeanor not committed in the presence of the police officer making the
				arrest, when such arrest without a warrant is specifically authorized by
				statute.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(1) - Complaint Procedures › Rule 504 - Contents of Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
Every complaint shall contain:
(1) The name of the affiant;
(2) The name and address of the defendant, or
				if unknown, a description of the defendant as nearly as may be;
(3) a direct accusation to the best of the
				affiant's knowledge, or information and belief, that the defendant violated the
				penal laws of the Commonwealth of Pennsylvania;
(4) The date when the offense is alleged to
				have been committed; provided, however:
(a) if
				the specific date is unknown, or if the offense is a continuing one, it shall
				be sufficient to state that it was committed on or about any date within the
				period of limitations; and
(b) if
				the date or day of the week is an essential element of the offense charged,
				such date or day must be specifically set forth;
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(1) - Complaint Procedures › Rule 505 - Complaints: Joinder of Offenses and Defendants

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When more than one person is alleged to
				have participated in the commission of an offense, the issuing authority shall
				accept a complaint for each person charged. Each complaint shall contain the
				names of all persons alleged to have participated in the commission of the
				offense and shall contain a reference to the docket number of the complaints
				issued for the other alleged participants. Such complaints may be consolidated
				for hearing or such further action as may be required, and where complaints are
				consolidated, additional costs shall not be taxed as a result of the acceptance
				of separate complaints.
(B) When
				more than one offense is alleged to have been committed by one person arising
				from the same incident, the issuing authority shall accept only one complaint,
				and shall docket the matter as a single case.
(C) Upon application by any interested person
				and proof that any provision of paragraphs (A) or (B) was violated, a judge may
				order forfeiture of all additional costs of the issuing authority accrued by
				reason of such violation, and thereafter such costs shall not be taxed in the
				case.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(1) - Complaint Procedures › Rule 506 - Approval of Private Complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				When the affiant is not a law enforcement officer, the complaint shall be
				submitted to an attorney for the Commonwealth, who shall approve or disapprove
				it without unreasonable delay.
(B)
				If the attorney for the Commonwealth:
(1)
				approves the complaint, the attorney shall indicate this decision on the
				complaint form and transmit it to the issuing authority;
(2) disapproves the complaint, the attorney
				shall state the reasons on the complaint form and return it to the affiant.
				Thereafter, the affiant may petition the court of common pleas for review of
				the decision.
For the contents of a private complaint, see Rule 504.
In all cases where the affiant is not a law enforcement
				  officer, the complaint must be submitted for approval or disapproval by the
				  attorney for the Commonwealth.
The district attorney may "transmit" the complaint to the
				  issuing authority pursuant to paragraph (B)(1) by returning it to the affiant
				  for delivery.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(1) - Complaint Procedures › Rule 508 - Procedure Following Submission of Complaint to Issuing Authority

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Before accepting a complaint for filing,
				the issuing authority shall ascertain and certify on the complaint that:
(1) The complaint has been properly completed
				and executed; and
(2) when prior
				submission to an attorney for the Commonwealth is required, an attorney has
				approved the complaint.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(1) - Complaint Procedures › Rule 509 - Use of Summons or Warrant of Arrest in Court Cases

Current through Register Vol. 54, No. 28, July 13, 2024
If a complaint charges an offense that is a court case, the
				  issuing authority with whom it is filed shall:
(1) issue a summons and not a warrant of
				arrest in cases in which the most serious offense charged is a misdemeanor of
				the second degree or a misdemeanor of the first degree in cases arising under
				75 Pa.C.S. §
										3802,
				except as set forth in paragraph (2);
(2) issue a warrant of arrest when:
(a) one or more of the offenses charged is a
				felony or murder; or
(b) The
				issuing authority has reasonable grounds for believing that the defendant will
				not obey a summons; or
(c) The
				issuing authority has reasonable grounds for believing that the defendant poses
				a threat of physical harm to any other person or to himself or herself;
				or
(d) The summons was mailed
				pursuant to Rule 511(A) and has been returned undelivered; or
(e) The identity of the defendant is unknown;
				or
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(2) - Summons Procedures › Rule 510 - Contents of Summons; Notice of Preliminary Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Every summons in a court case shall
				command the defendant to appear before the issuing authority for a preliminary
				hearing at the place and on the date and at the time stated on the summons. The
				date set for the preliminary hearing shall be not less than 20 days from the
				date of mailing the summons unless the issuing authority fixes an earlier date
				upon the request of the defendant or the defendant's attorney with the consent
				of the affiant.
(B) The summons
				shall give notice to the defendant:
(1) of the
				right to secure counsel of the defendant's choice and, for those who are
				without financial resources, of the right to assigned counsel in accordance
				with Rule 122;
(2) that bail will
				be set at the preliminary hearing;
(3) that if the defendant fails to appear on
				the date, and at the time and place specified on the summons, the case will
				proceed in the defendant's absence, and a bench warrant will be issued for the
				defendant's arrest; and
(4) if the
				case is held for court and if the defendant fails to appear without cause at
				any proceeding for which the defendant's presence is required, including the
				trial, that the defendant's absence may be deemed a waiver of the right to be
				present, and the proceeding, including the trial, may be conducted in the
				defendant's absence.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(2) - Summons Procedures › Rule 511 - Service of Summons; Proof of Service

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The summons shall be served upon the
				defendant by both first class mail and certified mail, return receipt
				requested. A copy of the complaint shall be served with the summons.
(B) Proof of service of the summons by mail
				shall include:
(1) a return receipt signed by
				the defendant; or
(2) The returned
				summons showing that the certified mail was not signed by the defendant and a
				notation on the transcript that the first class mailing of the summons was not
				returned to the issuing authority within 20 days after the
				mailing.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(2) - Summons Procedures › Rule 512 - Procedure in Court Cases Following Issuance of Summons

Current through Register Vol. 54, No. 28, July 13, 2024
The defendant shall appear before the issuing authority for a
				  preliminary hearing on the date, and at the time and place specified in the
				  summons. If the defendant fails to appear, the issuing authority shall [issue a
				  warrant for the arrest of the defendant and] proceed as provided in Rule
				  543(D).
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(3) - Arrest Procedures in Court Cases › (a) - Arrest Warrants › Rule 513 - Requirements for Issuance; Dissemination of Arrest Warrant Information

Current through Register Vol. 54, No. 28, July 13, 2024
(A) For purposes of
				  this rule, "arrest warrant information" is defined as the criminal complaint in
				  cases in which an arrest warrant is issued, the arrest warrant, any
				  affidavit(s) of probable cause, and documents or information related to the
				  case.
(B) ISSUANCE OF ARREST
				  WARRANT
(1) In the discretion of the issuing
				  authority, advanced communication technology may be used to submit a complaint
				  and affidavit(s) for an arrest warrant and to issue an arrest
				  warrant.
(2) No arrest warrant
				  shall issue but upon probable cause supported by one or more affidavits sworn
				  to before the issuing authority in person or using advanced communication
				  technology. The issuing authority, in determining whether probable cause has
				  been established, may not consider any evidence outside the
				  affidavits.
(3) Immediately prior
				  to submitting a complaint and affidavit to an issuing authority using advanced
				  communication technology, the affiant must personally communicate with the
				  issuing authority in person, by telephone, or by any device which allows for
				  simultaneous audio-visual communication. During the communication, the issuing
				  authority shall verify the identity of the affiant, and orally administer an
				  oath to the affiant. In any telephonic communication, if the issuing authority
				  has a concern regarding the identity of the affiant, the issuing authority may
				  require the affiant to communicate by a device allowing for two-way
				  simultaneous audio-visual communication or may require the affiant to appear in
				  person.
(4) At any hearing on a
				  motion challenging an arrest warrant, no evidence shall be admissible to
				  establish probable cause for the arrest warrant other than the affidavits
				  provided for in paragraph (B)(2).
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(3) - Arrest Procedures in Court Cases › (a) - Arrest Warrants › Rule 513.1 - Sealing of Arrest Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				  For purposes of this rule, "arrest warrant information" is defined as the
				  criminal complaint in cases in which an arrest warrant is issued, the arrest
				  warrant, any affidavit(s) of probable cause, and documents or information
				  related to the case.
(B) At the
				  request of the attorney for the Commonwealth in the form of a motion, the
				  arrest warrant information may be sealed upon good cause shown at the time the
				  complaint is filed.
(C) Submission
				  to Judge or Justice of Request for Sealed Arrest Warrant
When the attorney for the Commonwealth intends to request
					 that the arrest warrant information be sealed, at the time the complaint is
					 filed, the attorney for the Commonwealth shall present the arrest warrant
					 information to a judge of the court of common pleas or an appellate court judge
					 or justice. The arrest warrant affidavit(s) shall include the facts and
					 circumstances that are alleged to establish good cause for the sealing of the
					 arrest warrant information.
(1) When
				  the judge or justice orders the arrest warrant information sealed, the order
				  shall:
(a) certify that for good cause shown
				  the arrest warrant information is sealed and state the date and time that the
				  sealing of the arrest warrant information shall expire; and
(b) when requested by the attorney for the
				  Commonwealth, specify that the arrest warrant information may be released by
				  the attorney for the Commonwealth to the law enforcement agencies listed in the
				  order.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(3) - Arrest Procedures in Court Cases › (a) - Arrest Warrants › Rule 514 - Duplicate and Reissued Warrants of Arrest

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When a warrant of arrest has been issued
				  and it appears necessary or desirable to issue duplicates thereof for
				  execution, the issuing authority may issue any number of duplicates. Each
				  duplicate shall have the same force and effect as the original. Costs may be
				  taxed only for one such warrant and only one service fee shall be
				  charged.
(B) After service and
				  execution of an original or duplicate warrant, the issuing authority may
				  reissue the warrant if the purpose for which the original or duplicate has been
				  issued has not been accomplished.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(3) - Arrest Procedures in Court Cases › (a) - Arrest Warrants › Rule 515 - Execution of Arrest Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
				  warrant of arrest may be executed at any place within the
				  Commonwealth.
(B) A warrant of
				  arrest shall be executed by a police officer.
(C) When the warrant has been issued by a
				  magisterial district judge, and the defendant cannot be found, the case shall
				  remain in the magisterial district, and shall not be forwarded to the court of
				  common pleas for further proceedings.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(3) - Arrest Procedures in Court Cases › (a) - Arrest Warrants › Rule 516 - Procedure in Court Cases When Warrant of Arrest is Executed Within Judicial District of Issuance

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				  When a defendant has been arrested in a court case, with a warrant, within the
				  judicial district where the warrant of arrest was issued, the defendant shall
				  be afforded a preliminary arraignment by the proper issuing authority without
				  unnecessary delay.
(B) When a
				  preliminary arraignment is conducted using advanced communication technology
				  pursuant to Rule 540(A), the defendant shall be taken to an advanced
				  communication technology site that, in the judgment of the arresting officer,
				  is most convenient to the place of arrest without regard to the boundary of any
				  magisterial district or judicial district.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(3) - Arrest Procedures in Court Cases › (a) - Arrest Warrants › Rule 517 - Procedure in Court Cases When Warrant of Arrest is Executed Outside Judicial District of Issuance

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				  When a defendant has been arrested in a court case, with a warrant, outside the
				  judicial district where the warrant of arrest was issued, the defendant shall
				  be taken without unnecessary delay to the proper issuing authority in the
				  judicial district of arrest for the purpose of posting bail, as permitted by
				  law.
(B) Such issuing authority
				  shall advise the defendant of the right to post bail. If bail is posted, the
				  defendant shall be admitted to bail, conditioned upon the defendant's
				  appearance for the preliminary arraignment before the proper issuing authority
				  in the judicial district where the warrant was issued, at a date certain not
				  less than 5 nor more than 10 days thereafter.
(C) When a defendant fails to post bail, the
				  arresting person shall:
(1) return the
				  defendant to the judicial district where the warrant was issued, without
				  unnecessary delay, for preliminary arraignment by the proper issuing authority;
				  or
(2) lodge the defendant in a
				  suitable place of detention in the judicial district of arrest, and forthwith
				  notify the proper issuing authority in the judicial district where the warrant
				  was issued of the defendant's detention, and the place of such detention. Upon
				  receipt of this notice, the issuing authority shall, without unnecessary delay,
				  cause the defendant to be brought to the judicial district where the warrant
				  was issued for preliminary arraignment by the proper issuing
				  authority.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(3) - Arrest Procedures in Court Cases › (a) - Arrest Warrants › Rule 518 - Using Advanced Communication Technology in Court Cases When Warrant of Arrest is Executed Outside Judicial District of Issuance.

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When a
				  defendant has been arrested in a court case, with a warrant, outside the
				  judicial district where the warrant of arrest was issued, the defendant may be
				  taken for a preliminary arraignment or the posting of bail to an advanced
				  communication technology site that, in the judgment of the arresting officer,
				  is most convenient to the place of arrest without regard to the boundary of any
				  magisterial district or judicial district; and
(1) The defendant must be taken to the
				  advanced communication technology site without unnecessary delay.
(2) The preliminary arraignment may be
				  conducted pursuant to Rule 540 by the proper issuing authority in the
				  magisterial district or judicial district in which the warrant was issued;
				  or
(3) The defendant may post bail
				  as permitted by law with the proper issuing authority in the judicial district
				  in which the defendant was arrested.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part B(3) - Arrest Procedures in Court Cases › (b) - Arrests Without Warrant › Rule 519 - Procedure in Court Cases Initiated by Arrest Without Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
(A) PRELIMINARY ARRAIGNMENT
(1) Except as provided in paragraph (B), when
				  a defendant has been arrested without a warrant in a court case, a complaint
				  shall be filed against the defendant and the defendant shall be afforded a
				  preliminary arraignment by the proper issuing authority without unnecessary
				  delay.
(2) When a preliminary
				  arraignment is conducted by advanced communication technology pursuant to Rule
				  540(A), the defendant shall be taken to an advanced communication technology
				  site that, in the judgment of the arresting officer, is most convenient to the
				  place of arrest without regard to the boundary of any magisterial district or
				  judicial district.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C - Bail › Rule 520 - Bail Before Verdict

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Bail before verdict shall be set in all
				cases as permitted by law. Whenever bail is refused, the bail authority shall
				state in writing or on the record the reasons for that determination.
(B) A defendant may be admitted to bail on
				any day and at any time.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C - Bail › Rule 521 - Bail After Finding of Guilt

Current through Register Vol. 54, No. 28, July 13, 2024
(A) BEFORE SENTENCING
(1) Capital and Life Imprisonment Cases
When a defendant is found guilty of an offense which is
				  punishable by death or life imprisonment, the defendant shall not be released
				  on bail.
(2) Other Cases
(a) The defendant shall have the same right
				to bail after verdict and before the imposition of sentence as the defendant
				had before verdict when the aggregate of possible sentences to imprisonment on
				all outstanding verdicts against the defendant within the same judicial
				district cannot exceed 3 years.
(b)
				Except as provided in paragraph (A)(1), when the aggregate of possible
				sentences to imprisonment on all outstanding verdicts against the defendant
				within the same judicial district can exceed 3 years, the defendant shall have
				the same right to bail as before verdict unless the judge makes a finding:
(i) that no one or more conditions of bail
				will reasonably ensure that the defendant will appear and comply with the
				conditions of the bail bond;or
(ii)
				that the defendant poses a danger to any other person or to the community or to
				himself or herself.
The judge may revoke or refuse to set bail based upon such a
				  finding.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C - Bail › Rule 522 - Detention of Witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				After an accused has been arrested for any offense, upon application of the
				attorney for the Commonwealth or defense counsel, and subject to the provisions
				of this chapter, a court may set bail for any material witness named in the
				application. The application shall be supported by an affidavit setting forth
				adequate cause for the court to conclude that the witness will fail to appear
				when required if not held in custody or released on bail. Upon receipt of the
				application, the court may issue process to bring any named witnesses before it
				for the purpose of demanding bail.
(B) If the material witness is unable to
				satisfy the conditions of the bail bond after having been given immediate and
				reasonable opportunity to do so, the court shall commit the witness to jail,
				provided that at any time thereafter and prior to the term of court for which
				the witness is being held, the court shall release the witness when the witness
				satisfies the conditions of the bail bond.
(C) Upon application, a court may release a
				witness from custody with or without bond, or grant other appropriate
				relief.
(D) If process has been
				issued pursuant to paragraph (A) for a material witness who is under the age of
				18 years, the procedures provided in Rule 151 shall apply.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C(1) - Release Procedures › Rule 523 - Release Criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				To determine whether to release a defendant, and what conditions, if any, to
				impose, the bail authority shall consider all available information as that
				information is relevant to the defendant's appearance or nonappearance at
				subsequent proceedings, or compliance or noncompliance with the conditions of
				the bail bond, including information about:
(1) The nature of the offense charged and any
				mitigating or aggravating factors that may bear upon the likelihood of
				conviction and possible penalty;
(2) The defendant's employment status and
				history, and financial condition;
(3) The nature of the defendant's family
				relationships;
(4) The length and
				nature of the defendant's residence in the community, and any past
				residences;
(5) The defendant's
				age, character, reputation, mental condition, and whether addicted to alcohol
				or drugs;
(6) if the defendant has
				previously been released on bail, whether he or she appeared as required and
				complied with the conditions of the bail bond;
(7) whether the defendant has any record of
				flight to avoid arrest or prosecution, or of escape or attempted
				escape;
(8) The defendant's prior
				criminal record;
(9) any use of
				false identification; and
(10) any
				other factors relevant to whether the defendant will appear as required and
				comply with the conditions of the bail bond.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C(1) - Release Procedures › Rule 524 - Types of Release on Bail

Current through Register Vol. 54, No. 28, July 13, 2024
(A) If bail is set pursuant to Rule 520, the
				defendant shall be eligible for the following types of release on bail. The
				bail authority, after considering the release criteria in Rule 523, shall
				determine the type or combination of types of release on bail reasonably
				necessary, in the bail authority's discretion, to ensure that the defendant
				will appear at all subsequent proceedings and comply with the conditions of the
				bail bond.
(B) All of the types of
				release in paragraph (C) shall be conditioned upon the defendant's written
				agreement to appear and to comply with the conditions of the bail bond set
				forth in Rule 526(A).
(C) The types
				of release on bail are:
(1) Release On
				Recognizance (ROR): Release conditioned only upon the defendant's written
				agreement to appear when required and to comply with the conditions of the bail
				bond in Rule 526(A).
(2) Release on
				Nonmonetary Conditions: Release conditioned upon the defendant's agreement to
				comply with any nonmonetary conditions, as set forth in Rule 527, which the
				bail authority determines are reasonably necessary to ensure the defendant's
				appearance and compliance with the conditions of the bail bond.
(3) Release on Unsecured Bail Bond: Release
				conditioned upon the defendant's written agreement to be liable for a fixed sum
				of money if he or she fails to appear as required or fails to comply with the
				conditions of the bail bond. No money or other form of security is
				deposited.
(4) Release on Nominal
				Bail: Release conditioned upon the defendant's depositing a nominal amount of
				cash which the bail authority determines is sufficient security for the
				defendant's release, such as $1.00, and the agreement of a designated person,
				organization, or bail agency to act as surety for the defendant.
(5) Release on a Monetary Condition: Release
				conditioned upon the defendant's compliance with a monetary condition imposed
				pursuant to Rule 528. The amount of the monetary condition shall not be greater
				than is necessary to reasonably ensure the defendant's appearance and
				compliance with the conditions of the bail bond.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C(1) - Release Procedures › Rule 525 - Bail Bond

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
				bail bond is a document whereby the defendant agrees that while at liberty
				after being released on bail, he or she will appear at all subsequent
				proceedings as required and comply with all the conditions of the bail
				bond.
(B) At the time the bail is
				set, the bail authority shall
(1) have the
				bail bond prepared; and
(2) sign
				the bail bond verifying the conditions the bail authority
				imposed.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C(1) - Release Procedures › Rule 526 - Conditions of Bail Bond

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				In every case in which a defendant is released on bail, the conditions of the
				bail bond shall be that the defendant will:
(1) appear at all times required until full
				and final disposition of the case;
(2) obey all further orders of the bail
				authority;
(3) give written notice
				to the bail authority, the clerk of courts, the district attorney, and the
				court bail agency or other designated court bail officer, of any change of
				address within 48 hours of the date of the change;
(4) neither do, nor cause to be done, nor
				permit to be done on his or her behalf, any act proscribed by Section 4952 of
				the Crimes Code (relating to intimidation of witnesses or victims) or by
				Section 4953 (relating to retaliation against witnesses or victims),
				18 Pa.C.S. §§
											4952,
				4953; and
(5) refrain from criminal
				activity.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C(1) - Release Procedures › Rule 527 - Nonmonetary Conditions of Release on Bail

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When the bail authority determines that,
				in addition to the conditions of the bail bond required in every case pursuant
				to Rule 526(A), nonmonetary conditions of release on bail are necessary, the
				categories of nonmonetary conditions that the bail authority may impose are:
(1) reporting requirements;
(2) restrictions on the defendant's travel;
				and/or
(3) any other appropriate
				conditions designed to ensure the defendant's appearance and compliance with
				the conditions of the bail bond.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C(1) - Release Procedures › Rule 528 - Monetary Condition of Release on Bail

Current through Register Vol. 54, No. 28, July 13, 2024
(A) If the bail authority determines that it
				is necessary to impose a monetary condition of bail, to determine the amount of
				the monetary condition, the bail authority shall consider:
(1) The release criteria set forth in Rule
				523; and
(2) The financial ability
				of the defendant.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C(1) - Release Procedures › Rule 529 - Modification of Bail Order Prior to Verdict

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The issuing authority who is the
				magisterial district judge who was elected or assigned to preside over the
				jurisdiction where the crime occurred, upon request of the defendant or the
				attorney for the Commonwealth, or by the issuing authority sua sponte, and
				after notice to the defendant and the attorney for the Commonwealth and an
				opportunity to be heard, may modify a bail order at anytime before the
				preliminary hearing.
(b) A bail
				order may be modified by an issuing authority at the preliminary
				hearing.
(c) The existing bail
				order may be modified by a judge of the court of common pleas:
(1) at any time prior to verdict upon motion
				of counsel for either party with notice to opposing counsel and after a hearing
				on the motion; or
(2) at trial or
				at a pretrial hearing in open court on the record when all parties are
				present.