Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES
Part E - Indicting Grand Jury
Rule 556.12 - Waiver of Grand Jury Action
Universal Citation: 234 PA Code ยง 556.12
Current through Register Vol. 54, No. 38, September 21, 2024
(A) A defendant, with the consent of the attorney for the Commonwealth and the approval of the supervising judge, may waive action by the grand jury and consent to be bound over to court. If the defendant is represented by counsel,
(1) The defendant thereafter is precluded
from raising the sufficiency of the Commonwealth's prima facie
case unless the parties have agreed at the time of the waiver that the
defendant later may challenge the sufficiency.
(2) If the defendant waives the action of the
grand jury by way of an agreement, made in writing or on the record, and the
agreement is not accomplished, the defendant may challenge the sufficiency of
the Commonwealth's prima facie case.
(B) The waiver shall be in writing and signed by the defendant and defense attorney, if any, and shall certify that:
(1) The defendant voluntarily waives the
grand jury action and consents to be bound over to court, and
(2) when represented by counsel, the
defendant understands that by waiving action by grand jury, he or she is
thereafter precluded from raising challenges to the sufficiency of the
prima facie case.
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