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Rule 543 – Disposition of Case at Preliminary Hearing

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) At the conclusion of the preliminary hearing, the decision of the issuing authority shall be publicly pronounced.
(B) If the issuing authority finds that the Commonwealth has established a prima facie case that an offense has been committed and the defendant has committed it, the issuing authority shall hold the defendant for court on the offense(s) on which the Commonwealth established a prima facie case. If there is no offense for which a prima facie case has been established, the issuing authority shall discharge the defendant.
(C) When the defendant has appeared and has been held for court, the issuing authority shall:

(1) set bail as permitted by law if the defendant did not receive a preliminary arraignment; or
(2) continue the existing bail order, unless the issuing authority modifies the order as permitted by Rule 529(A);
(3) if the defendant has not submitted to the administrative processing and identification procedures as authorized by law, such as fingerprinting pursuant to Rule 510(C)(2), make compliance with these processing procedures a condition of bail; and
(4) advise the defendant that, if the defendant fails to appear without cause at any proceeding for which the defendant’s presence is required, including the trial, the defendant’s absence may be deedmed a waiver of the right to be present, and the proceeding may be conducted in the defendant’s absence.
(D) In any case in which the defendant fails to appear for the preliminary hearing:

(1) if the issuing authority finds that the defendant did not receive notice of the preliminary hearing by a summons served pursuant to Rule 511, a warrant of arrest shall be issued pursuant to Rule 509(2)(d).
(2) If the issuing authority finds that there was cause explaining the defendant’s failure to appear, the issuing authority shall continue the preliminary hearing to a specific date and time, and shall give notice of the new date, time, and place as provided in Rule 542(G)(2). The issuing authority shall not issue a bench warrant.
(3) If the issuing authority finds that the defendant’s absence is without cause and after notice, the absence shall be deemed a waiver by the defendant of the right to be present at any further proceedings before the issuing authority.

(a) In these cases, the issuing authority shall proceed with the case in the same manner as though the defendant were present.
(b) If the preliminary hearing is conducted and the case held for court, the issuing authority shall

(i) give the defendant notice by first class mail of the results of the preliminary hearing and that a bench warrant has been requested; and
(ii) pursuant to Rule 547, transmit the transcript to the clerk of courts with a request that a bench warrant be issued by the court of common pleas and, if the defendant has not complied with the fingerprint order issued pursuant to Rule 510(C)(2), with a notice to the court of common pleas of the defendant’s noncompliance.
(c) If the preliminary hearing is conducted and the case is dismissed, the issuing authority shall give the defendant notice by first class mail of the results of the preliminary hearing.
(d) If a continuance is granted, the issuing authority shall give the parties notice of the new date, time, and place as provided in Rule 542(G)(2), and may issue a bench warrant. If a bench warrant is issued and the warrant remains unserved for the continuation of the preliminary hearing, the issuing authority shall vacate the bench warrant. The case shall proceed as provided in paragraphs (D)(3)(b) or (c).
(E) If the Commonwealth does not establish a prima facie case of the defendant’s guilt, and no application for a continuance is made and there is no reason for a continuance, the issuing authority shall dismiss the complaint.
(F) In any case in which a summary offense is joined with misdemeanor, felony, or murder charges:

(1) If the Commonwealth establishes a prima facie case pursuant to paragraph (B), the issuing authority shall not adjudicate or dispose of the summary offenses, but shall forward the summary offenses to the court of common pleas with the charges held for court.
(2) If the Commonwealth does not establish a prima facie case pursuant to paragraph (B), upon the request of the Commonwealth, the issuing authority shall dispose of the summary offense as provided in Rule 454 (Trial In Summary Cases).
(3) If the Commonwealth withdraws all the misdemeanor, felony, and murder charges, the issuing authority shall dispose of the summary offense as provided in Rule 454 (Trial In Summary Cases).
(G) Except as provided in Rule 541(D), once a case is bound over to the court of common pleas, the case shall not be remanded to the issuing authority.

234 Pa. Code ยง 543

Committee Explanatory Reports:

Report explaining the August 9, 1994 amendments published at 22 Pa.B. 18 (January 4, 1992) ; Final Report published with the Court’s Order at 24 Pa.B. 4342 (August 27, 1994) .

Final Report explaining the September 13, 1995 amendments published with the Court’s Order at 25 Pa.B. 4116 (September 30, 1995) .

Final Report explaining the October 8, 1999 renumbering of Rule 143 published with the Court’s Order at 29 Pa.B. 5509 (October 23, 1999) .

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 24, 2004 changes concerning the procedures when a defendant fails to appear published with the Court’s Order at 34 Pa.B. 5025 (September 11, 2004) .

Final Report explaining the December 30, 2005 changes adding references to bench warrants published with the Court’s Order at 36 Pa.B. 184 (January 14, 2006) .

Final Report explaining the March 9, 2006 amendments adding new paragraphs (E) and (F) published with the Court’s Order at 36 Pa.B. 1392 (March 25, 2006) .

Final Report explaining the May 19, 2006 amendments correcting cross-references to Rule 529 published with the Court’s Order at 36 Pa.B. 2633 (June 3, 2006) .

Final Report explaining the May 1, 2007 changes clarifying the procedures when a defendant fails to appear published with the Court’s Order at 37 Pa.B. 2496 (June 2, 2007) .

Final Report explaining the July 10, 2008 amendments to paragraphs (C) and (D) (2) (c) concerning administrative processing and identification procedures published with the Court’s Order at 38 Pa.B. 3971 (July 26, 2008) .

Final Report explaining the February 12, 2010 amendments adding new paragraph (G) prohibiting remands to the issuing authority published with the Court’s Order at 40 Pa.B. 1068 (February 27, 2010) .

Court’s Order adopting the January 27, 2011 amendments to paragraph (B) concerning prima facie case published at 41 Pa.B. 834 (February 12, 2011) .

Final Report explaining the July 31, 2012 revision of the Comment changing the citation to Rule 540(F) (2) to Rule 540(G) (2) published with the Court’s Order at 42 Pa.B. 5340 (August 18, 2012) .

Final Report explaining the October 1, 2012 amendments to paragraphs (D) (2) and (D) (3) (d) adding “place” to “date and time” for preliminary hearing notices published with the Court’s Order at 42 Pa.B. 6629 (October 20, 2012) .

Final Report explaining the May 2, 2013 amendments concerning notice of consequences of failing to appear published the Court’s Order at 43 Pa.B. 2710 (May 18, 2013) .