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Rule 409 – Guilty Pleas

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) A defendant may plead guilty by:

(1) notifying the issuing authority in writing of the plea and forwarding to the issuing authority an amount equal to the fine and costs specified in the citation; or
(2) appearing before the issuing authority for the entry of the plea and imposition of sentence when the fine and costs are not specified in the citation or after receipt of notice that a guilty plea by mail has not been accepted by the issuing authority pursuant to paragraph (B) (3) .
(B) When the defendant pleads guilty pursuant to paragraph (A) (1) :

(1) The defendant must sign the guilty plea acknowledging that the plea is entered voluntarily and understandingly.
(2) The issuing authority may issue a warrant for the arrest of the defendant as provided in Rules 430 and 431 if the amount forwarded with the plea is less than the amount of the fine and costs specified in the citation.
(3) Restrictions on the acceptance of guilty plea by mail:

(a) The issuing authority shall not accept a guilty plea that is submitted by mail when the offense carries a mandatory sentence of imprisonment.
(b) In those cases in which the charge carries a possible sentence of imprisonment, the issuing authority may accept a guilty plea submitted by mail.
(c) In any case in which the issuing authority does not accept a guilty plea submitted by mail, the issuing authority shall notify the defendant (1) that the guilty plea has not been accepted, (2) to appear personally before the issuing authority on a date and time certain, and (3) of the right to counsel. Notice of the rejection of the guilty plea by mail also shall be provided to the affiant.
(C) When the defendant is required to personally appear before the issuing authority to plead guilty pursuant to paragraph (A) (2) , the issuing authority shall:

(1) advise the defendant of the right to counsel when there is a likelihood of imprisonment and give the defendant, upon request, a reasonable opportunity to secure counsel;
(2) determine by inquiring of the defendant that the plea is voluntarily and understandingly entered;
(3) have the defendant sign the plea form with a representation that the plea is entered voluntarily and understandingly;
(4) impose sentence, or, in cases in which the defendant may be sentenced to intermediate punishment, the issuing authority may delay the proceedings pending confirmation of the defendant’s eligibility for intermediate punishment; and
(5) provide for installment payments when a defendant who is sentenced to pay fine and costs is without the financial means immediately to pay the fine and costs.

234 Pa. Code ยง 409

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) .

Final Report explaining the August 7, 2003 new Comment language concerning defendants under the age of 18 published with the Court’s Order at 33 Pa.B. 4293 (August 30, 2003) .

Final Report explaining the January 26, 2007 amendments to paragraphs (A) (2) , (B) (3) and (C) (4) published at with the Court’s Order at 37 Pa.B. 760 (February 17, 2007) .

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) .