Current through Register Vol. 54, No. 40, October 5, 2024
Rule 455 - Trial in Defendant's Absence(A) If the defendant fails to appear for trial in a summary case, the trial shall be conducted in the defendant's absence, unless the issuing authority determines that there is a likelihood that the sentence will be imprisonment or that there is other good cause not to conduct the trial in the defendant's absence. If the trial is not conducted in the defendant's absence, the issuing authority may issue a warrant for the defendant's arrest.(B) At trial, the issuing authority shall proceed to determine the facts and render a verdict.(C) If the defendant is found not guilty, any collateral previously deposited shall be returned.(D) If the defendant is found guilty, the issuing authority shall impose sentence, and shall give notice by first class mail to the defendant of the conviction and sentence, and of the right to file an appeal within 30 days for a trial de novo. In those cases in which the amount of collateral deposited does not satisfy the fine and costs imposed or the issuing authority imposes a sentence of restitution, the notice shall also state that failure within 10 days of the date on the notice to pay the amount due or to appear for a hearing to determine whether the defendant is financially able to pay the amount due may result in the issuance of an arrest warrant.(E) Any collateral previously deposited shall be forfeited and applied only to the payment of the fine, costs, and restitution. When the amount of collateral deposited is more than the fine, costs and restitution, the balance shall be returned to the defendant.(F) If the defendant does not respond within 10 days to the notice in paragraph (D), the issuing authority may issue a warrant for the defendant's arrest.The provisions of this Rule 455 amended August 7, 2003, effective 7/1/2004, 33 Pa.B. 4289; amended April 1, 2005, effective 10/1/2005, 35 Pa.B. 2210; amended August 15, 2005, effective 2/1/2006, 35 Pa.B. 4914; amended January 17, 2013, effective 5/1/2013, 43 Pa.B. 654; amended July 17, 2013, effective 8/17/2013, 43 Pa.B. 4323; amended March 9, 2016, effective 7/1/2016, 46 Pa.B. 1532; amended June 10, 2016, effective 8/1/2016, 46 Pa.B. 3235; amended December 21, 2018, effective 5/1/2019, 49 Pa.B. 190.