The Pennsylvania Waiver of Appearance For Arraignment is a form which allows a defendant to waive their right to appear in court for an arraignment hearing. It is used in Pennsylvania Criminal Court proceedings when the defendant does not wish to physically attend the hearing. The waiver allows the defendant to appear in court without having to physically appear in the courtroom. There are two types of Pennsylvania Waiver of Appearance For Arraignment available: 1. The Voluntary Waiver of Appearance: This waiver is signed by the defendant and submitted to the court to indicate that they voluntarily waive their right to appear in court for the arraignment hearing. 2. The Mandatory Waiver of Appearance: This waiver is required by the court and must be signed by the defendant to indicate that they are waiving their right to appear in court for the arraignment hearing.
Pennsylvania Waiver of Appearance For Arraignment
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How to fill out Pennsylvania Waiver Of Appearance For Arraignment?
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FAQ
A preliminary arraignment, which generally occurs within six hours after the arrest, is when the defendant is read the charges against him or her. The defendant must appear before the MDJ with the police for a preliminary arraignment.
Rule 541 - Waiver of Preliminary Hearing (A) The defendant who is represented by counsel may waive the preliminary hearing at the preliminary arraignment or at any time thereafter.
(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.
Although called a "formal" arraignment, the procedure is informal. This is also the time that the defendant enters their guilty or not guilty plea. If you are the victim of a crime in which an offender was arrested, you are not required to attend the formal arraignment.
After Formal Arraignment, your attorney will receive the discovery in your case (police reports, video, etc.) and you and your attorney will make arrangements to discuss the discovery and the appropriate next steps.
What Does It Mean To ?Waive? My Preliminary Hearing? Although you must attend court on the day of your hearing, you do have the option to ?waive? your hearing, which basically means that you acknowledge that the Commonwealth could meet its burden at this stage and you agree to have your case move forward.
The formal arraignment occurs 30 to 60 days after the preliminary hearing and is held in the Court of Common Pleas.