Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 4 - PROCEDURES IN SUMMARY CASES
Part B - Citation Procedures
Rule 403 - Contents of Citation
Universal Citation: 234 PA Code ยง 403
Current through Register Vol. 54, No. 44, November 2, 2024
(A) Every citation shall contain:
(1) The name and
address of the organization, and badge number, if any, of the law enforcement
officer;
(2) The name and address
of the defendant;
(3) a notation if
the defendant is under 18 years of age and whether the parents or guardians
have been notified of the charge(s);
(4) The date and time when the offense is
alleged to have been committed, provided however, if the day of the week is an
essential element of the offense charged, such day must be specifically set
forth;
(5) The place where the
offense is alleged to have been committed;
(6) a citation of the specific section and
subsection of the statute or ordinance allegedly violated, together with a
summary of the facts sufficient to advise the defendant of the nature of the
offense charged;
(7) The date of
issuance;
(8) a notation if
criminal laboratory services are requested in the case;
(9) a verification by the law enforcement
officer that the facts set forth in the citation are true and correct to the
officer's personal knowledge, or information and belief, and that any false
statements therein are made subject to the penalties of the Crimes Code,
18 Pa.C.S. §
4904,
relating to unsworn falsification to authorities; and
(10) a certification that the citation
complies with the provisions of the Case Records Public Access Policy
of the Unified Judicial System of Pennsylvania regarding confidential
information and documents.
(B) The copy delivered to the defendant shall also contain a notice to the defendant:
(1)
that the original copy of the citation will be filed before the issuing
authority of the magisterial district designated in the citation, the address
and number of which shall be contained in the citation; and
(2) that the defendant shall, within 10 days
after issuance of the citation:
(a) plead not
guilty by:
(i) notifying the proper issuing
authority in writing of the plea and forwarding as collateral for appearance at
trial an amount equal to the fine and costs specified in the citation, plus any
additional fee required by law. If the amount is not specified, the defendant
shall forward the sum of $50 as collateral for appearance at trial;
or
(ii) appearing before the proper
issuing authority, entering the plea, and depositing such collateral for
appearance at trial as the issuing authority shall require. If the defendant
cannot afford to pay the collateral specified in the citation or the $50, the
defendant must appear before the issuing authority to enter a plea;
or
(b) plead guilty by:
(i) notifying the proper issuing authority in
writing of the plea and forwarding an amount equal to the fine and costs when
specified in the statute or ordinance, the amount of which shall be set forth
in the citation; or
(ii) appearing
before the proper issuing authority for the entry of the plea and imposition of
sentence, when the fine and costs are not specified in the citation or when
required to appear pursuant to Rules 409(B)(3), 414(B)(3), or 424(B)(3);
or
(c) appear before the
proper issuing authority to request consideration for inclusion in an
accelerated rehabilitative disposition program;
(3) that all checks forwarded for the fine
and costs or for collateral shall be made payable to the magisterial district
number set forth on the citation;
(4) that failure to respond to the citation
as provided above within the time specified:
(a) shall result in the issuance of a summons
when a violation of an ordinance or any parking offense is charged, or when the
defendant is under 18 years of age, and in all other cases shall result in the
issuance of a warrant for the arrest of the defendant; and
(b) shall result in the suspension of the
defendant's driver's license when a violation of the Vehicle Code is
charged;
(5) that failure
to indicate a plea when forwarding an amount equal to the fine and costs
specified on the citation shall result in a guilty plea being recorded;
and
(6) that, if the defendant is
convicted or has pleaded guilty, the defendant may appeal within 30 days for a
trial de novo.
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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