The Pennsylvania Waiver of Arraignment is a legal procedure in which a defendant waives their right to appear in court for an arraignment hearing. It is a written agreement between the defendant and the court which states that the defendant voluntarily waives their right to be present at the arraignment hearing. The defendant is still required to enter a plea of guilty or not guilty, and the court will proceed as if the defendant was physically present at the hearing. There are two types of Pennsylvania Waiver of Arraignment: the General Waiver of Arraignment and the Waiver of Arraignment and Preliminary Hearing. The General Waiver of Arraignment allows the defendant to waive their right to appear in court for an arraignment hearing, but does not allow them to waive any other rights, such as the right to a Preliminary Hearing. The Waiver of Arraignment and Preliminary Hearing allows the defendant to waive both their right to appear in court for an arraignment hearing and their right to a Preliminary Hearing.
Pennsylvania Waiver of Arraignment
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How to fill out Pennsylvania Waiver Of Arraignment?
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FAQ
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.
If I fail to appear without cause at any proceeding for which my presence is required, including trial, my absence may be deemed a waiver of the right to be present, and the proceeding may be conducted in my absence.
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.
A waiver means a defendant gives up their right to appear in court personally and have their criminal defense attorney appear on their behalf.
Pre-trial Conference: Also known as a status hearing, the judge ?conferences? the case with the Defense Attorney and the Prosecutor in an attempt to resolve any outstanding issues. If a plea bargain is offered, it usually occurs at this hearing.
A defendant might waive the right to a preliminary hearing for several reasons, including the following. Avoid publicity. The defendant intends to plead guilty and wants to avoid publicity (and expense, if the defendant is represented by private counsel). Minimize further damage.
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.