Current through Register Vol. 54, No. 45, November 9, 2024
Rule 519 - Procedure in Court Cases Initiated by Arrest Without Warrant(A) PRELIMINARY ARRAIGNMENT (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.(2) When a preliminary arraignment is conducted by advanced communication technology pursuant to Rule 540(A), the defendant shall be taken to an advanced communication technology site that, in the judgment of the arresting officer, is most convenient to the place of arrest without regard to the boundary of any magisterial district or judicial district.(B) RELEASE(1) The arresting officer shall promptly release from custody a defendant who has been arrested without a warrant, rather than taking the defendant before the issuing authority, when the following conditions have been met:(a) the most serious offense charged is a misdemeanor of the second degree or a misdemeanor of the first degree in cases arising under 75 Pa.C.S. 3802;(b) The defendant poses no threat of immediate physical harm to any other person or to himself or herself; and(c) The arresting officer has reasonable grounds to believe that the defendant will appear as required.(2) When a defendant is released pursuant to paragraph (B)(1), a complaint shall be filed against the defendant within 5 days of the defendant's release. Thereafter, the issuing authority shall issue a summons, not a warrant of arrest, and shall proceed as provided in Rule 510.The provisions of this Rule 519 adopted May 10, 2002, effective 9/1/2002, 32 Pa.B. 2582; amended June 30, 2005, effective 8/1/2005, 35 Pa.B. 3901; amended July 1, 2013, effective 8/1/2013, 43 Pa.B. 4062.