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Rule 455 – Trial in Defendant’s Absence

May 14, 2021 | Criminal Procedure, Pennsylvania

(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.

234 Pa. Code ยง 455

Amended by Pennsylvania Bulletin, Vol 46, No. 26. June 25, 2016, effective 6/25/2016
Amended by Pennsylvania Bulletin, Vol 49, No. 2. January 12, 2019, effective 1/12/2019

Committee Explanatory Reports:

Final Report explaining the April 18, 1997 amendments mandating a summary trial in absentia with certain exceptions published with the Court’s Order at 27 Pa.B. 2117 (May 3, 1997) .

Final Report explaining the October 1, 1997 amendments to paragraphs (D) and (E) published with the Court’s Order at 27 Pa.B. 5414 (October 1, 1997) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .

Final Report explaining the August 7, 2003 changes to the Comment concerning failure to pay and juveniles published with the Court’s Order at 33 Pa.B. 4293 (August 30, 2003) .

Final Report explaining the April 1, 2005 Comment revision concerning application of the Juvenile Court Procedural Rules published with the Court’s Order at 35 Pa.B. 2213 (April 16, 2005) .

Final Report explaining the August 15, 2005 amendments to paragraph (D) concerning notice of right to appeal published with the Court’s Order at 35 Pa.B. 4918 (September 3, 2005) .

Final Report explaining the January 17, 2013 revisions of the Comment concerning the Public School Code of 1949 published with the Courts Order at 43 Pa.B. 656 (February 2, 2013) .

Final Report explaining the July 17, 2013 Comment revision concerning mandatory incarceration offenses and juveniles published with the Court’s Order at 43 Pa.B. 4325 (August 3, 2013) .