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Rule 408 – Not Guilty Pleas – Notice of Trial

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) A defendant may plead not guilty by:

(1) appearing before the issuing authority, entering the plea, and depositing such collateral for appearance at trial as the issuing authority shall require; or
(2) notifying the issuing authority in writing of the plea and forwarding as collateral for appearance at trial an amount equal to the fine and costs specified in the citation, plus any additional fee required by law. If the fine and costs are not specified, the defendant shall forward the sum of $50 as collateral for appearance at trial.
(B) The issuing authority, upon receiving a plea of not guilty, shall:

(1) fix a date and hour for trial;
(2) notify the defendant and the law enforcement officer of the date and hour fixed for trial; and
(3) advise the defendant that failure to appear for trial shall constitute consent to trial in the defendant’s absence and if the defendant is found guilty, the collateral deposited shall be forfeited and applied toward the fine costs, and restitution, and the defendant shall have the right to appeal within 30days for a trial de novo.

234 Pa. Code ยง 408

Amended by Pennsylvania Bulletin, Vol 46, No. 26. June 25, 2016, effective 6/25/2016

Committee Explanatory Reports:

Report explaining the January 31, 1991 amendments published at 20 Pa.B. 4788 (September 15, 1990) ; Supplemental Report published at 21 Pa.B. 621 (February 16, 1991) .

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) .