See Rule 596 for the procedures for requesting transfer from criminal proceedings to juvenile proceedings pursuant to 42 Pa.C.S. For the procedures to provide notice of court proceedings requiring the defendants presence, see Rule 114. Paragraph (D) is intended to facilitate, for defendants represented by counsel, waiver of appearance at arraignment through procedures such as arraignment by mail. 1997) ( defendant who is unaware of the charges against him, unaware of the establishment of his trial date or is absent involuntarily is not absent without cause.). See Rule 602 concerning a defendants failure to appear for trial see also Commonwealth v. Paragraph (C)(4) requires that the defendant be advised of the consequences of failing to appear for any court proceeding. Under paragraph (B), two-way simultaneous audio-visual communication is a form of advanced communication technology. Under paragraph (B), the court has discretion to order that a defendant appear in person for the arraignment. Within the meaning of paragraph (B), counsel is present when physically with the defendant or with the judicial officer presiding over the arraignment. Under paragraph (A), in addition to other instances of cause shown for delaying the arraignment, the arraignment may be delayed when the defendant is unavailable for arraignment within the 10-day period after the information is filed. Nothing in this rule is intended to preclude judicial districts from providing written notice of the arraignment to the defendant at the conclusion of the preliminary hearing when a case is held for court. Although the specific form of the arraignment is not prescribed by this rule, judicial districts are required to ensure that the purposes of arraignments are accomplished in all court cases.Ĭoncerning the waiver of counsel, see Rule 121. The main purposes of arraignment are: to ensure that the defendant is advised of the charges to have counsel enter an appearance, or if the defendant has no counsel, to consider the defendants right to counsel and to commence the period of time within which to initiate pretrial discovery and to file other motions. (c) waives his or her right to appear for arraignment. (b) understands the rights and requirements contained in paragraph (C) of this rule and (a) understands the nature of the charges (2) the defendant and counsel sign and file with the clerk of courts a waiver of appearance at arraignment that acknowledges the defendant: (1) the defendant is represented by counsel of record and counsel concurs in the waiver and (D) A defendant may waive appearance at arraignment if the following requirements are met: If the defendant or counsel has not received a copy of the information(s) pursuant to Rule 562, a copy thereof shall be provided. (4) if the defendant fails to appear without cause at any proceeding for which the defendants presence is required, including trial, that the defendants absence may be deemed a waiver of the right to be present, and the proceeding may be conducted in the defendants absence. § 6322, and an Omnibus Pretrial Motion, and the time limits within which the motions must be filed and. (3) of the right to file motions, including a Request for a Bill of Particulars, a Motion for Pretrial Discovery and Inspection, a Motion Requesting Transfer from Criminal Proceedings to Juvenile Proceedings Pursuant to 42 Pa.C.S. (2) of the nature of the charges contained in the information (1) of the right to be represented by counsel (C) At arraignment, the defendant shall be advised: When the counsel for the defendant is present, the defendant must be permitted to communicate fully and confidentially with defense counsel immediately prior to and during the arraignment. (B) In the discretion of the court, the arraignment of the defendant may be conducted by using two-way simultaneous audio-visual communication. Unless otherwise provided by local court rule, or postponed by the court for cause shown, arraignment shall take place no later than 10 days after the information has been filed. Notice of arraignment shall be given to the defendant as provided in Rule 114 or by first class mail. (A) Except as otherwise provided in paragraph (D), arraignment shall be in such form and manner as provided by local court rule.
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