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Rule 519 – Procedure in Court Cases Initiated by Arrest Without Warrant

May 14, 2021 | Criminal Procedure, Pennsylvania

(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.

234 Pa. Code § 519

Committee Explanatory Reports:

Report explaining the August 9, 1994 amendments published at 22 Pa.B. 6 (January 4, 1992) ; Final Report published with the Court’s Order at 24 Pa.B. 4342 (August 27, 1994) .

Report explaining the September 26, 1996 Comment revision published with the Court’s Order at 26 Pa.B. 4894 (October 12, 1996) .

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 May 10, 2002 renumbering and amendments concerning advanced communication technology published with the Court’s Order at 32 Pa.B. 2591 (May 25, 2002) .

Final Report explaining the June 30, 2005 amendments concerning in which cases a defendant must be promptly released published with the Court’s Order at 35 Pa.B. 3911 (July 16, 2005) .

Final Report explaining the July 1, 2013 revision of the Comment adding a cross-reference to 18 Pa.C.S. § 4915.1 published with the Court’s Order at 43 Pa.B. 4062 (July 20, 2013) .