Current through Register Vol. 54, No. 44, November 2, 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.
(D) In any case in which the defendant fails
to appear for the preliminary hearing:
(1) if
the issuing authority finds that the defendant did not receive notice of the
preliminary hearing by a summons served pursuant to Rule 511, a warrant of
arrest shall be issued pursuant to Rule 509(2)(d).
(2) If the issuing authority finds that there
was cause explaining the defendant's failure to appear, the issuing authority
shall continue the preliminary hearing to a specific date and time, and shall
give notice of the new date, time, and place as provided in Rule 542(G)(2). The
issuing authority shall not issue a bench warrant.
(3) If the issuing authority finds that the
defendant's absence is without cause and after notice, the absence shall be
deemed a waiver by the defendant of the right to be present at any further
proceedings before the issuing authority.
(a)
In these cases, the issuing authority shall proceed with the case in the same
manner as though the defendant were present.
(b) If the preliminary hearing is conducted
and the case held for court, the issuing authority shall
(i) give the defendant notice by first class
mail of the results of the preliminary hearing and that a bench warrant has
been requested; and
(ii) pursuant
to Rule 547, transmit the transcript to the clerk of courts with a request that
a bench warrant be issued by the court of common pleas and, if the defendant
has not complied with the fingerprint order issued pursuant to Rule 510(C)(2),
with a notice to the court of common pleas of the defendant's
noncompliance.
(c) If the
preliminary hearing is conducted and the case is dismissed, the issuing
authority shall give the defendant notice by first class mail of the results of
the preliminary hearing.
(d) If a
continuance is granted, the issuing authority shall give the parties notice of
the new date, time, and place as provided in Rule 542(G)(2), and may issue a
bench warrant. If a bench warrant is issued and the warrant remains unserved
for the continuation of the preliminary hearing, the issuing authority shall
vacate the bench warrant. The case shall proceed as provided in paragraphs
(D)(3)(b) or (c).
(E) If the Commonwealth does not establish a
prima facie case of the defendant's guilt, and no application for a continuance
is made and there is no reason for a continuance, the issuing authority shall
dismiss the complaint.
(F) In any
case in which a summary offense is joined with misdemeanor, felony, or murder
charges:
(1) If the Commonwealth establishes a
prima facie case pursuant to paragraph (B), the issuing
authority shall not adjudicate or dispose of the summary offenses, but shall
forward the summary offenses to the court of common pleas with the charges held
for court.
(2) If the Commonwealth
does not establish a prima facie case pursuant to paragraph
(B), upon the request of the Commonwealth, the issuing authority shall dispose
of the summary offense as provided in Rule 454 (Trial In Summary
Cases).
(3) If the Commonwealth
withdraws all the misdemeanor, felony, and murder charges, the issuing
authority shall dispose of the summary offense as provided in Rule 454 (Trial
In Summary Cases).
(G)
Except as provided in Rule 541(D), once a case is bound over to the court of
common pleas, the case shall not be remanded to the issuing
authority.
