Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 4 - PROCEDURES IN SUMMARY CASES
Part D(1) - Arrests With a Warrant
Rule 430 - Issuance of Warrant
Universal Citation: 234 PA Code ยง 430
Current through Register Vol. 54, No. 44, November 2, 2024
(A) ARREST WARRANTS INITIATING PROCEEDINGS
A warrant for the arrest of the defendant shall be issued when:
(1) The citation or summons is
returned undelivered; or
(2) The
issuing authority has reasonable grounds to believe that the defendant will not
obey a summons.
(B) BENCH WARRANTS
(1) A bench warrant shall be issued
when:
(a) The defendant fails to respond to a
citation or summons that was served upon the defendant personally or by
certified mail return receipt requested; or
(b) The defendant has failed to appear for
the execution of sentence as required in Rule 454(F)(3).
(2) A bench warrant may be issued when a
defendant has entered a not guilty plea and fails to appear for the summary
trial, if the issuing authority determines, pursuant to Rule 455(A), that the
trial should not be conducted in the defendant's absence.
(3) A bench warrant may be issued when:
(a) The defendant has entered a guilty plea
by mail and the money forwarded with the plea is less than the amount of the
fine and costs specified in the citation or summons; or
(b) The defendant has been sentenced to pay
restitution, a fine, or costs and has defaulted on the payment; or
(c) The issuing authority has, in the
defendant's absence, tried and sentenced the defendant to pay restitution,
and/or to pay a fine and costs and the collateral deposited by the defendant is
less than the amount of the fine and costs imposed.
(4) No warrant shall issue under paragraph
(B)(3) unless the defendant has been given notice in person or by first class
mail that failure to pay the amount due or to appear for a hearing may result
in the issuance of a bench warrant, and the defendant has not responded to this
notice within 10 days. Notice by first class mail shall be considered complete
upon mailing to the defendant's last known address.
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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