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
Universal Citation: 234 PA Code ยง 519
Current through Register Vol. 54, No. 38, September 21, 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.
(B) RELEASE
(1) The arresting officer shall
promptly release from custody a defendant who has been arrested without a
warrant, rather than taking the defendant before the issuing authority, when
the following conditions have been met:
(a)
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;
(b) The defendant poses no threat of
immediate physical harm to any other person or to himself or herself;
and
(c) The arresting officer has
reasonable grounds to believe that the defendant will appear as
required.
(2) When a
defendant is released pursuant to paragraph (B)(1), a complaint shall be filed
against the defendant within 5 days of the defendant's release. Thereafter, the
issuing authority shall issue a summons, not a warrant of arrest, and shall
proceed as provided in Rule 510.
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