Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES
Part I - Procedures for Transfer from Criminal Proceedings to Juvenile Proceedings
Rule 595 - Mandatory Status Conference
Universal Citation: 234 PA Code ยง 595
Current through Register Vol. 54, No. 52, December 28, 2024
(A) In all cases in which the defendant was under the age of 18 at the time of the commission of the alleged offense and charged with one of the offenses excluded from the definition of "delinquent act" in paragraphs (2)(i), (2)(ii), and (2)(iii) of 42 Pa.C.S. § 6302, the judge shall hold a status conference.
(1)
The status conference shall be held no later than 40 days after the
arraignment.
(2) The defendant, the
defendant's attorney, and the attorney for the Commonwealth shall be present at
the status conference.
(B) At the status conference, the judge shall determine whether the defendant has filed a motion requesting the transfer from criminal proceedings to juvenile proceedings pursuant to 42 Pa.C.S. § 6322, or is requesting additional time to file a motion for transfer, or does not intend to file a motion.
(1) If the defendant is
requesting additional time to file the motion for transfer and the judge agrees
to the request, the judge shall set the date by which the motion for transfer
shall be filed.
(2) When the
defendant has filed a motion, the judge shall determine whether the motion for
transfer is ready to be heard and the case shall proceed as provided in Rule
597.
(3) If the defendant is not
going to file a motion for transfer or the judge denies the defendant's request
for additional time to file a motion, the case shall continue to proceed as a
court case under the Rules of Criminal Procedure.
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