Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 4 - PROCEDURES IN SUMMARY CASES
Part C - Procedures in Summary Cases When Complaint Filed
Rule 424 - Guilty Pleas
Universal Citation: 234 PA Code ยง 424
Current through Register Vol. 54, No. 44, November 2, 2024
(A) A defendant may plead guilty by:
(1) notifying
the issuing authority in writing of the plea and forwarding to the issuing
authority an amount equal to the fine and costs specified in the summons;
or
(2) appearing before the issuing
authority for the entry of the plea and imposition of sentence when the fine
and costs are not specified in the summons or after receipt of notice that a
guilty plea by mail has not been accepted by the issuing authority pursuant to
paragraph (B)(3).
(B) When the defendant pleads guilty pursuant to paragraph (A)(1):
(1) The defendant must sign the guilty plea
acknowledging that the plea is entered voluntarily and
understandingly.
(2) The issuing
authority may issue a warrant for the arrest of the defendant as provided in
Rules 430 and 431 if the amount forwarded with the plea is less than the amount
of the fine and costs specified in the summons.
(3) Restrictions on the acceptance of guilty
plea by mail:
(a) The issuing authority shall
not accept a guilty plea that is submitted by mail when the offense carries a
mandatory sentence of imprisonment.
(b) In those cases in which the charge
carries a possible sentence of imprisonment, the issuing authority may accept a
guilty plea submitted by mail.
(c)
In any case in which the issuing authority does not accept a guilty plea
submitted by mail, the issuing authority shall notify the defendant (1) that
the guilty plea has not been accepted, (2) to appear personally before the
issuing authority on a date and time certain, and (3) of the right to counsel.
Notice of the rejection of the guilty plea by mail also shall be provided to
the affiant.
(C) When the defendant is required to personally appear before the issuing authority to plead guilty pursuant to paragraph (A)(2), the issuing authority shall:
(1) advise the defendant of the right to
counsel when there is a likelihood of imprisonment and give the defendant, upon
request, a reasonable opportunity to secure counsel;
(2) determine by inquiring of the defendant
that the plea is voluntarily and understandingly entered;
(3) have the defendant sign the plea form
with a representation that the plea is entered voluntarily and
understandingly;
(4) impose
sentence, or, in cases in which the defendant may be sentenced to intermediate
punishment, the issuing authority may delay the proceedings pending
confirmation of the defendant's eligibility for intermediate punishment;
and
(5) provide for installment
payments when a defendant who is sentenced to pay a fine and costs is without
the financial means immediately to pay the fine and costs.
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