reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C(2) - General Procedures in All Bail Cases › Rule 530 - Duties and Powers of a Bail Agency

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Each court of common pleas may, by local
				rule, establish or designate a bail agency to monitor and assist defendants
				released on bail pursuant to these rules. The duties and powers of the agency
				shall include the following:
(1) gathering
				information about defendants relevant to bail decisions;
(2) making recommendations to the bail
				authorities concerning the types of release and the conditions of release on
				bail for individual defendants;
(3)
				supervising defendants when so designated by the bail authority;
(4) administering percentage cash bail when
				authorized by a bail authority pursuant to Rule 528, and evaluating for the
				bail authority the reliability and solvency of prospective sureties for
				percentage cash bail programs; and
(5) making reasonable rules and regulations
				to implement the bail agency's functions.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C(2) - General Procedures in All Bail Cases › Rule 531 - Qualifications of Surety

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Subject to any additional requirements prescribed by local rule of court, the
				following shall be qualified to act as sureties:
(1) owners of cash or securities as provided
				in Rule 528;
(2) owners of realty
				located in the Commonwealth as provided in Rule 528(D)(3), or owners of realty
				located outside the Commonwealth but within the United States as provided in
				Rule 528(D)(4), provided that satisfactory evidence of ownership or special
				approval of the court is obtained;
(3) surety companies approved by the court
				and authorized to do business in the Commonwealth of Pennsylvania;
(4) professional bondsmen licensed under the
				Judicial Code,
				42 Pa.C.S. §§
											5741-5750;
(5) for percentage cash bail only, the
				defendant or any private individual or organization.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C(2) - General Procedures in All Bail Cases › Rule 532 - Substitution of Surety or Security

Current through Register Vol. 54, No. 28, July 13, 2024
The defendant or the defendant's surety, with the approval of
				  the bail authority, may at any time substitute another surety or another form
				  of security. Upon substitution of the form of security, the original security
				  shall be returned to the depositor.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C(2) - General Procedures in All Bail Cases › Rule 533 - Increased Amount of Monetary Condition of Bail

Current through Register Vol. 54, No. 28, July 13, 2024
When the amount of a monetary condition of bail is increased,
				  the original amount shall remain in effect and additional cash or other form of
				  security shall be required only for the amount of the
				  increase.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C(2) - General Procedures in All Bail Cases › Rule 534 - Duration of Obligation

Current through Register Vol. 54, No. 28, July 13, 2024
Unless bail is revoked, a bail bond shall be valid until the
				  full and final disposition of the case, including all avenues of direct appeal
				  to the Supreme Court of Pennsylvania.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C(2) - General Procedures in All Bail Cases › Rule 535 - Receipt for Deposit; Return or Retention of Deposit

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Any deposit of cash in satisfaction of a
				monetary condition of bail shall be given to the issuing authority, the clerk
				of courts, or another official designated by the president judge by local rule
				pursuant to Rule 117(C). The issuing authority, clerk, or other official who
				accepts the deposit shall give the depositor an itemized receipt, and shall
				note on the bail bond the amount deposited and the name of the person who made
				the deposit. The defendant shall sign the bail bond, and be given a copy of the
				signed bail bond.
(1) When the issuing
				authority accepts a deposit of bail, the issuing authority shall note on the
				docket transcript the amount deposited and the name of the person who made the
				deposit. The issuing authority shall have the deposit, the docket transcript,
				and a copy of the bail bond delivered to the clerk of courts.
(2) When another official is designated by
				the president judge to accept a bail deposit, that official shall deliver the
				deposit and the bail bond to either the issuing authority, who shall proceed as
				provided in paragraph (A)(1), or the clerk of courts, who shall proceed as
				provided in paragraph (A)(3).
(3)
				When the clerk of courts accepts the deposit, the clerk shall note in the list
				of docket entries the amount deposited and the name of the person who made the
				deposit, and shall place the bail bond in the criminal case file.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part C(2) - General Procedures in All Bail Cases › Rule 536 - Procedures Upon Violation of Conditions: Revocation of Release and Forfeiture; Bail Pieces; Exoneration of Surety

Current through Register Vol. 54, No. 28, July 13, 2024
(A) SANCTIONS
(1)
Revocation of Release
(a) A person who violates a condition of the
				bail bond is subject to a revocation of release and/or a change in the
				conditions of the bail bond by the bail authority.
(b) When a violation of a condition occurs,
				the bail authority may issue a bench warrant for the defendant's arrest. When
				the bench warrant is executed, the bench warrant proceedings shall be conducted
				pursuant to Rule 150.
(c) The bail
				authority also may order the defendant or the defendant's surety to explain why
				the defendant's release should not be revoked or why the conditions of release
				should not be changed. A copy of the order shall be served on the defendant and
				the defendant's surety, if any.
(d)
				When the bail authority changes the conditions of the bail bond and/or revokes
				the defendant's release, the bail authority shall state in writing or on the
				record the reasons for so doing.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 540 - Preliminary Arraignment

Current through Register Vol. 54, No. 28, July 13, 2024
(A) In the discretion of the issuing authority,
										the preliminary arraignment of the defendant may be conducted by using two-way simultaneous audio-visual
										communication. When counsel for the defendant is present, the defendant must be permitted to communicate
										fully and confidentially with defense counsel immediately prior to and during the preliminary
										arraignment.
(B) If the defendant is under the age of 18 at the
										time the complaint is filed and is charged with one of the offenses excluded from the definition of
										"delinquent act" in paragraphs (2)(i), (2)(ii), and (2)(iii) of
										42 Pa.C.S. §
										6302, the issuing authority shall determine whether the defendant's
										parents, guardian, or other custodian have been notified of the charge(s). If the parents, guardian, or other
										custodian have not been notified, the issuing authority shall notify them.
(C) At the preliminary arraignment, a copy of the complaint accepted for
										filing pursuant to Rule 508 shall be given to the defendant.
(D)
										If the defendant was arrested with a warrant, the issuing authority shall provide the defendant with copies
										of the warrant and supporting affidavit(s) at the preliminary arraignment, unless the warrant and
										affidavit(s) are not available at that time, in which event the defendant shall be given copies no later than
										the first business day after the preliminary arraignment.
(E) If
										the defendant was arrested without a warrant pursuant to Rule 519, unless the issuing authority makes a
										determination of probable cause, the defendant shall not be detained.
(F) The issuing authority shall not question the defendant about the
										offense(s) charged but shall read the complaint to the defendant. The issuing authority shall inform the
										defendant:
(1) of the right to secure counsel of choice and the right to
										assigned counsel in accordance with Rule 122;
(2) of the right to
										have a preliminary hearing, except in cases being presented to an indicting grand jury pursuant to 556.2; and
(3) if
										the offense is bailable, the type of release on bail, as provided in Chapter 5 Part C of these rules, and the
										conditions of the bail bond.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 540 - Preliminary Arraignment

Current through Register Vol. 54, No. 28, July 13, 2024
(A) In the
				discretion of the issuing authority, the preliminary arraignment of the
				defendant may be conducted by using two-way simultaneous audio-visual
				communication. When counsel for the defendant is present, the defendant must be
				permitted to communicate fully and confidentially with defense counsel
				immediately prior to and during the preliminary arraignment.
(B) If the defendant is under the age of 18
				at the time the complaint is filed and is charged with one of the offenses
				excluded from the definition of "delinquent act" in paragraphs (2)(i), (2)(ii),
				and (2)(iii) of
				42 Pa.C.S. §
										6302,
				the issuing authority shall determine whether the defendant's parents,
				guardian, or other custodian have been notified of the charge(s). If the
				parents, guardian, or other custodian have not been notified, the issuing
				authority shall notify them.
(C) At
				the preliminary arraignment, a copy of the complaint accepted for filing
				pursuant to Rule 508 shall be given to the defendant.
(D) If the defendant was arrested with a
				warrant, the issuing authority shall provide the defendant with copies of the
				warrant and supporting affidavit(s) at the preliminary arraignment, unless the
				warrant and affidavit(s) are not available at that time, in which event the
				defendant shall be given copies no later than the first business day after the
				preliminary arraignment.
(E) If the
				defendant was arrested without a warrant pursuant to Rule 519, unless the
				issuing authority makes a determination of probable cause, the defendant shall
				not be detained.
(F) The issuing
				authority shall not question the defendant about the offense(s) charged but
				shall read the complaint to the defendant. The issuing authority shall inform
				the defendant:
(1) of the right to secure
				counsel of choice and the right to assigned counsel in accordance with Rule
				122;
(2) of the right to have a
				preliminary hearing, except in cases being presented to an indicting grand jury
				pursuant to
				556.2; and
(3) if the offense is bailable, the type of
				release on bail, as provided in Chapter 5 Part C of these rules, and the
				conditions of the bail bond.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 541 - Waiver of Preliminary Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The defendant who is represented by
				counsel may waive the preliminary hearing at the preliminary arraignment or at
				any time thereafter.
(1) The defendant
				thereafter is precluded from raising the sufficiency of the Commonwealth's
prima facie
case unless the parties have agreed at the time of
				the waiver that the defendant later may challenge the sufficiency.
(2) If the defendant waives the preliminary
				hearing by way of an agreement, made in writing or on the record, and the
				agreement is not accomplished, the defendant may challenge the sufficiency of
				the Commonwealth's
prima facie
case.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 542 - Preliminary Hearing; Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				The attorney for the Commonwealth may appear at a preliminary hearing and:
(1) assume charge of the prosecution;
				and
(2) recommend to the issuing
				authority that the defendant be discharged or bound over to court according to
				law.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 543 - Disposition of Case at Preliminary Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(A) At the conclusion of the preliminary
				hearing, the decision of the issuing authority shall be publicly
				pronounced.
(B) If the issuing
				authority finds that the Commonwealth has established a
prima
				facie
case that an offense has been committed and the defendant has
				committed it, the issuing authority shall hold the defendant for court on the
				offense(s) on which the Commonwealth established a
prima facie
case. If there is no offense for which a
prima facie
case has
				been established, the issuing authority shall discharge the
				defendant.
(C) When the defendant
				has appeared and has been held for court, the issuing authority shall:
(1) set bail as permitted by law if the
				defendant did not receive a preliminary arraignment; or
(2) continue the existing bail order, unless
				the issuing authority modifies the order as permitted by Rule 529(a);
(3) if the defendant has not submitted to the
				administrative processing and identification procedures as authorized by law,
				such as fingerprinting pursuant to Rule 510(C)(2), make compliance with these
				processing procedures a condition of bail; and
(4) advise the defendant that, if the
				defendant fails to appear without cause at any proceeding for which the
				defendant's presence is required, including the trial, the defendant's absence
				may be deemed a waiver of the right to be present, and the proceeding may be
				conducted in the defendant's absence.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 544 - Reinstituting Charges Following Withdrawal or Dismissal

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When charges are dismissed or withdrawn
				at, or prior to, a preliminary hearing, or when a grand jury declines to indict
				and the complaint is dismissed, the attorney for the Commonwealth may
				reinstitute the charges by approving, in writing, the re-filing of a complaint
				with the issuing authority who dismissed or permitted the withdrawal of the
				charges.
(B) Following the
				re-filing of a complaint pursuant to paragraph (A), if the attorney for the
				Commonwealth determines that the preliminary hearing should be conducted by a
				different issuing authority, the attorney shall file a Rule 132 motion with the
				clerk of courts requesting that the president judge, or a judge designated by
				the president judge, assign a different issuing authority to conduct the
				preliminary hearing. The motion shall set forth the reasons for requesting a
				different issuing authority.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 545 - Witnesses: Compulsory Process

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				The issuing authority shall issue such process as may be necessary for the
				summoning of witnesses for the Commonwealth or the defendant.
(B) Persons shall not be permitted to testify
				at a preliminary hearing without first being duly sworn or affirmed according
				to law.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 546 - Dismissal Upon Satisfaction or Agreement

Current through Register Vol. 54, No. 28, July 13, 2024
When a defendant is charged in a case in which the most
				  serious offense charged is a misdemeanor, the issuing authority may dismiss the
				  case upon a showing that:
(1) The
				public interest will not be adversely affected;
(2) The attorney for the Commonwealth, or in
				cases in which there is no attorney for the Commonwealth present, the affiant,
				consents to the dismissal;
(3)
				satisfaction has been made to the aggrieved person or there is an agreement
				that satisfaction will be made to the aggrieved person; and
(4) There is an agreement as to who shall pay
				the costs.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 547 - Return of Transcript and Original Papers

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When a defendant is held for court, or after
										the issuing authority receives notice that the case will be presented to the indicting grand jury and closes
										out the case, the issuing authority shall prepare a transcript of the proceedings. The transcript shall
										contain all the information required by these rules to be recorded on the transcript. It shall be signed by
										the issuing authority, and have affixed to it the issuing authority's seal of office.
(B) The issuing authority shall transmit the transcript to the clerk of the
										proper court within 5 days after holding the defendant for court or after closing out the case upon receipt
										of the notice that the case will be presented to the indicting grand jury.
(C) In addition to this transcript the issuing authority also shall
										transmit the following items:
(1) The original complaint;
(2) The summons or the warrant of arrest and its return;
(3) all affidavits filed in the proceeding;
(4) The appearance or bail bond for the defendant, if any, or a copy of the
										order committing the defendant to custody;
(5) a request for the
										court of common pleas to issue a bench warrant as required in Rule 543(D)(3)(b);
(6) notice informing the court of common pleas that the defendant has
										failed to comply with the fingerprint order as required in Rule 543(D)(3)(b)(ii); and
(7) a copy of the notice that the case will be presented to the indicting
										grand jury.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 547 - Transmittal of Transcript and Associated Documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a defendant is held for court, or
				after the issuing authority receives notice that the case will be presented to
				the indicting grand jury and closes out the case, the issuing authority shall
				prepare a transcript of the proceedings. The transcript shall contain all the
				information required by these rules to be recorded on the transcript. It shall
				be signed by the issuing authority, and have affixed to it the issuing
				authority's seal of office.
(b) The
				issuing authority shall transmit the transcript to the clerk of the proper
				court within five days after holding the defendant for court or after closing
				out the case upon receipt of the notice that the case will be presented to the
				indicting grand jury.
(c) In
				addition to this transcript the issuing authority also shall transmit the
				following documents:
(1) the original
				complaint or a copy thereof if electronically transmitting the transcript and
				associated documents;
(2) the
				summons or the warrant of arrest and its return;
(3) all affidavits filed in the
				proceeding;
(4) the appearance or
				bail bond for the defendant, if any, or a copy of the order committing the
				defendant to custody;
(5) a request
				for the court of common pleas to issue a bench warrant as required in Rule
				543(D)(3)(b);
(6) notice informing
				the court of common pleas that the defendant has failed to comply with the
				fingerprint order as required in Rule 543(D)(3)(b)(ii); and
(7) a copy of the notice that the case will
				be presented to the indicting grand jury.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 548 - Amendment of Transcript in Court Cases

Current through Register Vol. 54, No. 28, July 13, 2024
The issuing authority may make any proper amendments,
				  additions, or corrections to the transcript before it is returned to court.
				  After the transcript has been returned, amendments, additions, or corrections
				  can be made to the transcript only upon application filed and permission
				  granted by the court, and only to perfect the record to conform to the facts of
				  the case.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 549 - Compelling Transmission of Papers by Issuing Authority

Current through Register Vol. 54, No. 28, July 13, 2024
If an issuing authority refuses or fails to transmit the
				  papers as required by these rules, the court may issue a subpoena to compel
				  their production.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 550 - Pleas of Guilty Before Magisterial District Judge in Court Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(A) In a court case
				in which a magisterial district judge is specifically empowered by statute to
				exercise jurisdiction, a defendant may plead guilty before a magisterial
				district judge at any time up to the completion of the preliminary hearing or
				the waiver thereof.
(B) The
				magisterial district judge may refuse to accept a plea of guilty, and the
				magisterial district judge shall not accept such plea unless there has been a
				determination, after inquiry of the defendant, that the plea is voluntarily and
				understandingly tendered.
(C) The
				plea shall be in writing:
(1) signed by the
				defendant, with a representation by the defendant that the plea is entered
				knowingly, voluntarily, and intelligently; and
(2) signed by the magisterial district judge,
				with a certification that the plea was accepted after a full inquiry of the
				defendant, and that the plea was made knowingly, voluntarily, and
				intelligently.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 551 - Withdrawal of Charges Pending Before Issuing Authority

Current through Register Vol. 54, No. 28, July 13, 2024
In any court case pending before an issuing authority, the
				  attorney for the Commonwealth, or his or her designee, may withdraw one or more
				  of the charges. The withdrawal shall be in writing.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part D - Proceedings in Court Cases Before Issuing Authorities › Rule 555 - Transfer of Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				In all cases in which charges arising from a single criminal episode occur in
				more than one judicial district:
(1) If the
				charges are filed in more than one judicial district, at any time after the
				case is held for court, the proceedings may be transferred to one of the
				judicial districts.
(2) If all the
				charges are filed in one judicial district, at any time after the case is held
				for court, the proceedings may be transferred to another one of the judicial
				districts.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part E - Indicting Grand Jury › Rule 556 - Indicting Grand Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Each of the several courts of common pleas may proceed with an indicting grand
				jury pursuant to these rules only in cases in which witness intimidation has
				occurred, is occurring, or is likely to occur.
(B) Any court of common pleas seeking to
				resume the use of indicting grand juries pursuant to these rules shall petition
				the Supreme Court of Pennsylvania in the following form:
(1) The petition shall identify the
				petitioner, who shall be either the president judge or a designee, and the
				judicial district. If the petition is seeking permission to resume the use of
				indicting grand juries in a two-county judicial district, and the indicting
				grand jury is sought for only one county, that county shall be identified in
				the petition. The president judge's designee shall be a member of the court of
				common pleas of the judicial district.
(2) The petition shall aver that the
				petitioner has reviewed the district attorney's certificate required under
				paragraphs (B)(4) and (5) and the petitioner agrees with the averments
				contained therein.
(3) An original
				and 2 copies of the petition shall be filed, and shall bear an original
				signature of the petitioner.
(4)
				There shall be appended to the petition a certificate from the district
				attorney for the judicial district or, in the case of a two-county judicial
				district, a certificate from the district attorney or district attorneys for
				the county or counties within the judicial district.
(5) The district attorney's certificate shall
				contain:
(a) The name and county of the
				district attorney;
(b) an averment
				that witness intimidation has occurred, is occurring, or is likely to occur in
				the judicial district or, in the case of a two-county district where an
				indicting grand jury is sought for only one county, the county;
(c) An averment that the district attorney
				believes that an indicting grand jury will remedy the problem of witness
				intimidation; and
(d) The original
				signature of the district attorney.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part E - Indicting Grand Jury › Rule 556.1 - Summoning Panels of Grand Jurors

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				When the court of common pleas elects to proceed with an indicting grand jury,
				the president judge, or president judge's designee, shall order one or more
				grand juries to be summoned for the purpose of issuing indictments or shall
				order that the sitting investigating grand jury shall sit as the indicting
				grand jury.
(B) The judge shall
				order the officials designated by law to summon prospective jurors to summon
				such number of jurors who are eligible by law as the judge deems necessary to
				serve as a panel for grand jury service.
(C) The summons shall be made returnable on
				such date as is ordered by the court.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part E - Indicting Grand Jury › Rule 556.2 - Proceeding by Indicting Grand Jury Without Preliminary Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(A) After a person
				is arrested or otherwise proceeded against with a criminal complaint, the
				attorney for the Commonwealth may move to present the matter to an indicting
				grand jury instead of proceeding to a preliminary hearing.
(1) The motion shall allege facts asserting
				that witness intimidation has occurred, is occurring, or is likely to
				occur.
(2) The motion shall be
				presented
ex parte
to the president judge, or the president
				judge's designee.
(3) Upon receipt
				of the motion, the president judge, or the president judge's designee, shall
				review the motion. If the judge determines the allegations establish probable
				cause that witness intimidation has occurred, is occurring, or is likely to
				occur, the judge shall grant the motion, and shall notify the proper issuing
				authority.
(a) Upon receipt of the notice from
				the judge that the case will be presented to the indicting grand jury, the
				issuing authority shall cancel the preliminary hearing, close out the case
				before the issuing authority, and forward the case to the court of common pleas
				as provided in Rule 547 for all further proceedings.
(b) Once the case has been forwarded to the
				court of common pleas, the case shall not be remanded to the issuing
				authority.
(4) The order
				granting the motion or the order denying the motion, and the motion shall be
				sealed.
(5) The attorney for the
				Commonwealth shall file the sealed order and the sealed motion with the clerk
				of courts.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part E - Indicting Grand Jury › Rule 556.3 - Composition and Organization of the Indicting Grand Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(A) There initially shall be impaneled to
				serve on an indicting grand jury 23 legally qualified jurors and a minimum of 7
				and not more than 15 legally qualified alternates. During its term, the
				indicting grand jury shall consist, as provided hereinafter, of not less than
				15 nor more than 23 legally qualified jurors, and the remaining
				alternates.
(B) When an indicting
				grand jury is to be impaneled, the supervising judge in charge of the grand
				jury shall examine prospective jurors to determine which prospective jurors to
				excuse for cause. After prospective grand jurors have been excused for cause,
				the reduction to the minimum of 30 or maximum of 38 shall take place by random
				drawing in the following manner: 30 to 38 jurors shall be selected by random
				drawing, of which the first 23 jurors so selected shall be designated permanent
				grand jurors and the next 7 to 15 jurors shall be designated alternate jurors.
				Alternate jurors shall replace permanent jurors in the sequence in which the
				alternate jurors are selected.
(C)
				Alternate jurors shall attend and participate in sessions of the grand jury but
				they may not attend or participate in the deliberations and voting until such
				time as they may be appointed as permanent grand jurors as provided in
				paragraph (D).
(D) The court shall
				have the power to permanently excuse a permanent or alternate grand juror for
				cause at any time during the term of the indicting grand jury. For each such
				excused permanent grand juror, the court shall appoint a new permanent grand
				juror from among the available alternates.
(E) Fifteen permanent members of the grand
				jury shall constitute a quorum, but an affirmative vote of 12 permanent members
				of the grand jury shall be required to indict.
(F) Whenever the number of permanent grand
				jurors, including alternates who have been appointed to replace permanent grand
				jurors, becomes less than 15, the term of the indicting grand jury shall be
				considered at an end.
(G) The
				supervising judge shall appoint one of the grand jurors as foreperson and
				another juror as the deputy foreperson, who will act in the foreperson's
				absence. The grand jury shall select one of its members as a secretary to
				assist the foreperson in keeping a record of the action of the grand
				jury.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part E - Indicting Grand Jury › Rule 556.4 - Challenges to Grand Jury and Grand Jurors

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
Challenges
The attorney for the Commonwealth or a defendant may
				  challenge the grand jury on the ground that it was not lawfully drawn,
				  summoned, or selected, and may challenge an individual juror on the ground that
				  the juror is not legally qualified.
(1) The challenge shall be in the form of a
				written motion and shall allege the ground upon which the challenge is
				made.
(2) If a challenge to an
				individual grand juror is sustained, the juror shall be discharged and replaced
				with an alternate juror.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part E - Indicting Grand Jury › Rule 556.5 - Duration of Indicting Grand Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The length of the grand jury term shall
				be determined by the president judge, or the president judge's designee, but
				shall not exceed 18 months, unless an order for discharge is entered earlier by
				the supervising judge upon determination by the grand jury, by majority vote,
				that its business has been completed, or an extension is granted pursuant to
				paragraph (B).
(B) At the end of
				its original term or any extension thereof, if the grand jury determines by
				majority vote that it has not completed its business, it may request the
				supervising judge to extend its term for an additional period of 6 months. No
				grand jury term shall exceed 24 months from the time the grand jury was
				originally summoned.
(1) The supervising
				judge shall grant a request for extension unless the judge determines that such
				request clearly is without basis.
(2) Failure to grant an extension of term
				under this rule may be appealed by the attorney for the Commonwealth to the
				Supreme Court in the manner prescribed by general rule.
(3) If an appeal is taken, the grand jury
				shall continue to exercise its powers pending the disposition of the
				appeal.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part E - Indicting Grand Jury › Rule 556.6 - Administering Oath to Grand Jury and Foreperson

Current through Register Vol. 54, No. 28, July 13, 2024
(A) After the selection of the members of the
				grand jury, the supervising judge shall administer the oath separately to the
				foreperson and deputy foreperson and then to the other grand jurors. The
				supervising judge shall then charge the grand jury concerning its
				duties.
(B) The supervising judge
				shall administer the oath to the grand jury in substantially the following
				form:
"You, as grand jurors, do solemnly swear that you will make
				  diligent inquiry with regard to all matters brought before you as well as such
				  things as may come to your knowledge in the course of your duties; that you
				  will keep secret all that transpires in the jury room except as authorized by
				  law; that you will neither approve any indictment or present any person for
				  hatred, envy or malice, or refuse to approve any indictment or present any
				  person for love, fear, favor, or any reward or hope thereof; and that you will
				  present all things truly to the court as they come to your knowledge and
				  understanding."
(C) The
				supervising judge shall administer the oath to the foreperson and deputy
				foreperson in substantially the following form:
"You, as foreperson, do solemnly swear that you will make
				  diligent inquiry with regard to all matters as shall be given you in charge;
				  that you will keep secret all that transpires in the jury room, except as
				  authorized by law; that you will neither approve any indictment or present any
				  person for hatred, envy or malice, or refuse to approve any indictment or
				  present any person for love, fear, favor, or any reward or hope thereof; and
				  that you will present all things truly to the court as they come to your
				  knowledge and understanding."
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part E - Indicting Grand Jury › Rule 556.7 - Administration of Oath to Witnesses; Court Personnel

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Each witness to be heard by the indicting
				grand jury shall be sworn by the foreperson before testifying.
(B) All court personnel who are to be present
				during any portion of the grand jury proceedings, and all others who assist in
				the proceedings, shall be sworn to secrecy by the supervising judge prior to
				their participation.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part E - Indicting Grand Jury › Rule 556.8 - Recording of Testimony Before Indicting Grand Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Proceedings before an indicting grand
				jury, other than the deliberations and voting of the grand jury, shall be
				recorded by a court reporter or by a suitable recording device, and a
				transcript made.
(B) The
				supervising judge shall retain control of the recording device and the original
				and all copies of the transcript, and shall maintain their secrecy.
(C) When physical evidence is presented
				before the indicting grand jury, the supervising judge shall establish
				procedures for supervising custody.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part E - Indicting Grand Jury › Rule 556.9 - Who May Be Present During Sessions of Indicting Grand Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The attorney
				for the Commonwealth, the alternate grand jurors, the witness under
				examination, and a stenographer may be present while the indicting grand jury
				is in session. Counsel for the witness under examination may be present as
				provided by law.
(B) The
				supervising judge, upon the request of the attorney for the Commonwealth or the
				grand jury, may order that an interpreter, security officers, and such other
				persons as the judge may determine are necessary to the presentation of the
				evidence may be present while the indicting grand jury is in session.
(C) All persons who are to be present while
				the indicting grand jury is in session shall be identified in the record, shall
				be sworn to secrecy as provided in these rules, and shall not disclose any
				information pertaining to the grand jury except as provided by law.
(D) No person other than the permanent grand
				jurors may be present during the deliberations or voting of the grand
				jury.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part E - Indicting Grand Jury › Rule 556.10 - Secrecy; Disclosure

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
Secrecy
(1) All evidence,
				including exhibits and all testimony presented to the grand jury, is subject to
				grand jury secrecy, and no person may disclose any matter occurring before the
				grand jury, except as provided in paragraph (B).
(2) A violation of grand jury secrecy rules
				may be punished as a contempt of court.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part E - Indicting Grand Jury › Rule 556.11 - Proceedings When Case Presented to Grand Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A grand jury has the authority to:
(1) inquire into violations of criminal law
				through subpoenaing witnesses and documents; and
(2) based upon evidence it has received,
				including hearsay evidence as permitted by law, or upon a presentment issued by
				an investigating grand jury, if the grand jury finds the evidence establishes a
prima facie
case that (1) an offense has been committed and
				(2) the defendant has committed it, indict defendant for an offense under the
				criminal laws of the Commonwealth of Pennsylvania; or
(3) based upon evidence it has received,
				including hearsay evidence as permitted by law, or upon a presentment issued by
				an investigating grand jury, if the grand jury finds the evidence establishes a
prima facie
case that (1) an offense has been committed and
				(2) the person other than the defendant in the matter originally presented to
				the indicting grand jury has committed it, indict the individual for an offense
				under the criminal laws of the Commonwealth of Pennsylvania, but only if the
				offense arises from the same criminal conduct or episode that gave rise to the
				original referral to the indicting grand jury; or
(4) decline to indict.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part E - Indicting Grand Jury › Rule 556.12 - Waiver of Grand Jury Action

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
				defendant, with the consent of the attorney for the Commonwealth and the
				approval of the supervising judge, may waive action by the grand jury and
				consent to be bound over to court. If the defendant is represented by counsel,
(1) The defendant thereafter is precluded
				from raising the sufficiency of the Commonwealth's
prima facie
case unless the parties have agreed at the time of the waiver that the
				defendant later may challenge the sufficiency.
(2) If the defendant waives the action of the
				grand jury by way of an agreement, made in writing or on the record, and the
				agreement is not accomplished, the defendant may challenge the sufficiency of
				the Commonwealth's
prima facie
case.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part E - Indicting Grand Jury › Rule 556.13 - Procedures Following Execution of Warrant of Arrest Issued Following Indictment

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				When a defendant has been arrested within the judicial district where the
				warrant of arrest has been issued by the supervising judge of an indicting
				grand jury following the receipt of the indictment as provided in Rule
				556.11(E), the
				defendant shall be afforded a preliminary arraignment by the supervising judge
				or another judge designated by the president judge without unnecessary
				delay.
(B) When a defendant has
				been arrested outside of the judicial district where the warrant of arrest has
				been issued by the supervising judge of an indicting grand jury following the
				receipt of the indictment as provided in Rule
				556.11(E), the
				case shall proceed as provided in Rules 517 and 518 and this rule.
(C) Following the preliminary arraignment
				provided pursuant to paragraph (A) and (B), the case shall proceed in the court
				of common pleas pursuant to Rules 560 and 571.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part F - Procedures Following a Case Held for Court › Rule 559 - Request for Bench Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
In any case held for court following a preliminary hearing
				  conducted in the defendant's absence pursuant to Rule 543(D), upon receipt of a
				  request by the issuing authority for the common pleas court to issue a bench
				  warrant, the court promptly shall act upon the request.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part F - Procedures Following a Case Held for Court › Rule 560 - Information: Filing, Contents, Function

Current through Register Vol. 54, No. 28, July 13, 2024
(A) After the defendant has been held for
				court following a preliminary hearing or an indictment, the attorney for the
				Commonwealth shall proceed by preparing an information and filing it with the
				court of common pleas.
(B) The
				information shall be signed by the attorney for the Commonwealth and shall be
				valid and sufficient in law if it contains:
(1) a caption showing that the prosecution is
				carried on in the name of and by the authority of the Commonwealth of
				Pennsylvania;
(2) the name of the
				defendant, or if the defendant is unknown, a description of the defendant as
				nearly as may be;
(3) the date when
				the offense is alleged to have been committed if the precise date is known, and
				the day of the week if it is an essential element of the offense charged,
				provided that if the precise date is not known or if the offense is a
				continuing one, an allegation that it was committed on or about any date within
				the period fixed by the statute of limitations shall be sufficient;
(4) The county where the offense is alleged
				to have been committed;
(5) a plain
				and concise statement of the essential elements of the offense substantially
				the same as or cognate to the offense alleged in the complaint;
(6) a concluding statement that "all of which
				is against the Act of Assembly and the peace and dignity of the Commonwealth";
				and
(7) a certification that the
				information complies with the provisions of the
Case Records Public
				Access Policy of the Unified Judicial System of Pennsylvania
regarding
				confidential information and documents.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part F - Procedures Following a Case Held for Court › Rule 561 - Withdrawal of Charges by Attorney for the Commonwealth

Current through Register Vol. 54, No. 28, July 13, 2024
(A) After a case is held for court, at any
				time before the information is filed, the attorney for the Commonwealth may
				withdraw one or more charges by filing notice with the clerk of
				courts.
(B) Upon the filing of the
				information, any charge not listed on the information shall be deemed withdrawn
				by the attorney for the Commonwealth.
(C) In any case in which all the misdemeanor,
				felony, and murder charges are withdrawn pursuant to this rule, any remaining
				summary offenses shall be disposed of in the court of common pleas.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part F - Procedures Following a Case Held for Court › Rule 562 - Copy of Information to be Furnished Defendant

Current through Register Vol. 54, No. 28, July 13, 2024
The clerk of courts shall, upon request, furnish each
				  defendant against whom an information or informations have been filed with a
				  copy of the information or informations filed against the defendant.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES › Part F - Procedures Following a Case Held for Court › Rule 563 - Joinder of Offenses in Information

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Two or more offenses, of any grade, may
				be charged in the same information if:
(1)
				The evidence of each of the offenses would be admissible in a separate trial
				for the other and is capable of separation by the jury so that there is no
				danger of confusion; or
(2) The
				offenses charged are based on the same act or transaction.