THE COURTS
CRAWFORD COUNTY
Adoption of Local Criminal Rules of Procedure; No. AD 11 of 2006
[36 Pa.B. 6386]
[Saturday, October 21, 2006]
Order And Now, October 5, 2006, pursuant to Pa.R.Crim.P. 105, effective January 1, 2007, the current Crawford County Rules of Criminal Procedure shall no longer be in effect and the following Rules of Criminal Procedure shall become effective.
The Court Administrator is ordered and directed to:
1. File seven (7) certified copies of this order with the Administrative Office of Pennsylvania Courts.
2. Send two (2) certified copies and diskette to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Send one (1) certified copy of this order to the Pennsylvania Criminal Procedural Rules Committee.
4. Send one (1) copy of this order to the Crawford County Law Library.
5. Keep continuously available for public inspection copies of this order and the rules in the Court Administrator's office and the Clerk of Courts' office.
By the Court
GORDON R. MILLER,
President Judge
CRAWFORD COUNTY LOCAL RULES OF CRIMINAL PROCEDURE Rule 100. Scope of Local Rules.
These rules are adopted in accordance with the Pennsylvania Rules of Criminal Procedure and are applicable to the Criminal Division of the Court of Common Pleas of Crawford County, Pennsylvania and to the Magisterial District Judges Courts of Crawford County, Pennsylvania to the extent appropriate.
Rule 101. Purpose and Construction.
These rules are intended and shall be construed to supplement the Pennsylvania Rules of Criminal Procedure.
Rule 102. Citing the Crawford County Procedural Rules.
These rules shall be known as the Crawford County Rules of Criminal Procedure and shall be cited as ''Cra.R.Crim.P.''
Rule 103. Definitions.
The definitions of terms used in these rules shall be the same as those set forth in Pa.R.Crim.P. 103 except:
(1) ''Court'' shall mean the Criminal Division of the Court of Common Pleas of Crawford County.
(2) ''Issuing Authority'' shall mean a Magisterial District Judge.
(3) ''Rule'' shall mean any rule of the Criminal Division of the Court of Common Pleas of Crawford County unless otherwise indicated.
(4) ''Clerk of Courts'' shall mean the Clerk of Courts of Crawford County, Pennsylvania.
Rule 104. Design of Forms.
The design of all forms mandated for use by the Court pursuant to these rules shall be determined by the Court Administrator of Crawford County in consultation with the Court.
Rule 106. Continuances.
(1) A motion for a continuance of any matter shall state the reason the continuance is requested, whether any previous continuances have been requested, and if so, the dates thereof, the name of the party making any previous motion and the results thereof.
(2) All motions for a continuance of a jury trial should be made no later than the Call of the Criminal List and shall not be made later than forty-eight hours before the time set for trial. Any motion made later than forty-eight hours before the time set for trial, shall be in compliance with Pa.R.Crim.P. 106(C).
(3) All motions for a continuance of a scheduled non-jury trial shall be made at least forty-eight hours before the time set for trial. Any motion made later than forty-eight hours before the time set for trial, shall be in compliance with Pa.R.Crim.P. 106(C).
Rule 114. Orders and Court Notices.
When entering an appearance pursuant to Pa.R.Crim.P. 120, an attorney may designate that service upon that attorney in a particular case will be permitted by methods permitted by Pa.R.Crim.P. 114(B)(3) for service of court orders and court notices, and by Pa.R.Crim.P. 576(B)(2) for service of written motions, written answers, notices and documents for which filing is required.
The designation of permitted means of service shall be made in an appearance filed in a form substantially consistent with Form 120 provided with these rules.
Rule 117. Coverage--Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail
REGULAR BUSINESS HOURS All magisterial district judge offices shall be open for regular business on Mondays through Fridays, excluding holidays, from 8:30 a.m. to 4:30 p.m. local time.
CONTINUOUS COVERAGE Continuous coverage for the issuance of search warrants and arrest warrants, for warrants issued pursuant to Pa.R.Crim.P. 430 in a summary case, for the issuance of emergency orders under the Protection from Abuse Act, and for those services set forth in Pa.R.Crim.P. 117(A)(2)(a), (b), (c) and (d) shall be in accordance with the traditional on-call system as presently established.
NON-BUSINESS HOURS At least one magisterial district judge shall be available at all times in Crawford County. The responsibility of the judge on call is to perform the services referred to in this order and any other acts of an emergency nature as required by rule or law. A magisterial district judge in a particular district may contact police officers and other law enforcement agencies to indicate that said judge shall be called first even though said judge is not the on call magisterial district judge in order to handle matters required of magisterial district judges within the district of that particular judge.
Otherwise, the magisterial district judge on call shall be contacted by all police agencies and other law enforcement agencies. Said judge must be available (able to be accessed or able to render services as required by rule or law). The magisterial district judge shall not have the option of determining when he or she will be available. The on call magisterial district judge must be available and must respond (answer or reply) in a timely fashion. In certain instances, such as under Rules 441 and 519 of the Pennsylvania Rules of Criminal Procedure, arresting officers may release a person from custody and subsequently file a citation or summons when specific conditions have been met. Police agencies and arresting officers are encouraged to familiarize themselves with these sorts of rules as those rules will be discussed by a magisterial district judge in deciding whether an arraignment is necessary in these cases.
The on call magisterial district judge will be available during non-office hours for a week at a time in rotation, with each assignment period beginning on Monday at 4:30 p.m. and ending the following Monday at 8:30 o'clock a.m. (except Monday holidays, when the assignment period ends at 4:30 p.m. on that particular Monday).
During that time the on call magisterial district judge is responsible for coverage by being available for inquiries at his or her home, through use of the beeper, or through communication with Crawford County Control. By providing continuous availability the on call magisterial district judge can then effectively receive/monitor all on call requests. If it is necessary for the on call magisterial district judge to personally act within two (2) hours of the time that judge's office will open for the next business day, the magisterial district judge may require the police officer or other law enforcement agency to bring a defendant before the appropriate magisterial district judge at or after the opening of that office.
During temporary assignments in the on call schedule the magisterial district judge assigned is authorized to call upon the services of other magisterial district judges as needed, and mutually agreed upon, particularly if the other magisterial district judges have an office that is more convenient to the parties by reason of geographical location.
The court administrator shall, annually, prepare a temporary assignment schedule to be used in Crawford County outside of normal business hours for the purposes set forth in this rule. That schedule is known as the ''Emergency Assignment Schedule.'' Modifications to this schedule may occur amongst respective magisterial district judges provided any modifications are mutually agreed upon and subsequently conveyed to Crawford County Control. Any additional compensation for subsequent modification of an existing schedule shall be waived.
MAGISTERIAL DISTRICT JUDGE TEMPORARY ASSIGNMENTS When during regular business hours for magisterial district judges, a judge who has venue over a particular matter is unavailable, any other magisterial district judge in Crawford County is hereby temporarily assigned to serve the magisterial district of the judge who is unavailable. Such an arrangement may be made between respective magisterial district judges by mutual agreement. Any additional compensation for said arrangement will be waived.
OFFICIALS DESIGNATED TO ACCEPT BAIL Magisterial district judges and the Clerk of Courts shall be authorized to accept bail in accordance with the provisions, and subject to the limitations, of the Pennsylvania Rules of Criminal Procedure.
Rule 118. Use of Two-Way Simultaneous Audio-Visual Communication in Criminal Proceeding.
A defendant may consent to a proceeding being conducted using two-way simultaneous audio-visual communication by signing a Waiver Of Courtroom Appearance, in a form substantially consistent with Form 118 of these rules, prior to or at the time of a two-way simultaneous audio-visual communication.
Additionally, a defendant may consent to a Gagnon II revocation hearing by two-way simultaneous audio-visual communication if, prior to that hearing, the defendant has indicated that intention on a Waiver Of Formal Revocation Hearing form, or an adult probation/parole officer has certified that the defendant has so consented when filing a Motion To Schedule Gagnon II Hearing, provided in either event the required document has been filed of record.
Whenever a defendant consents to a proceeding being conducted using two-way simultaneous audio-visual communication, the Court or Issuing Authority shall conduct a colloquy regarding the defendant's consent when the defendant's constitutional right to be physically present is implicated.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: :
WAIVER OF COURTROOM APPEARANCE I am aware that I may have a right to appear in a courtroom for a hearing on the ____ day of ______ , 20 ____ that is scheduled for the following purpose(s):
I am willing to waive my appearance in the courtroom for said hearing on that date and consent to said hearing being conducted by two-way simultaneous audio-visual conference between the courtroom in the Crawford County Courthouse and the Crawford County Correctional Facility.
If I have counsel I understand that my counsel will be sitting beside me and that I will have the opportunity to talk to counsel privately with no one else hearing the conversation.
I understand that counsel and I will be sitting in front of a live video camera and that the participants who are assembled in the courtroom can see and hear counsel and me. I further understand participants who appear in the courtroom will be sitting in front of a video camera and that I will see them and be able to hear them.
The Judge will be able to see me and speak to me and I will be able to see and speak to the Judge by monitor.
The courtroom is open to the public and members of the public who are interested in my hearing will be able to see and hear the proceedings in the courtroom and also see and hear my attorney and me through the courtroom monitor.
I understand that by signing this waiver I will not be transferred to the courtroom for this hearing and that the hearing will be done by two-way simultaneous audio-visual conference through the use of a video camera and monitor at both the jail and courtroom.
_________________
DefendantDate: ______ , 20 ____
Form 118
Rule 120. Attorneys--Appearances.
The entry of an appearance by counsel for the defendant as required by Pa.R.Crim.P. 120 shall be done on a form substantially consistent with Form 120 of these rules.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: :
ENTRY OF APPEARANCE AND NOW, _________________ , I hereby appear for _________________ , the defendant in the above-entitled case.
I hereby permit service of these matters in this case upon me by the following method(s) as indicated by checkmark:
____ By facsimile transmission to my fax number ______ .
____ By leaving a copy in my box in the Prothonotary's Office in the courthouse.
_________________
Signature_________________
Address_________________
Telephone Number_________________
Supreme Court I.D. NumberNote: The State rules covering service are at Pa.R.Crim.P. 114 and 576.
Form 120
Rule 150. Bench Warrants.
A Bench Warrant Hearing:
(1) May be held in Common Pleas Court by the Judge who issued the Bench Warrant or any other Common Pleas Judge.
(2) May be held before the Magisterial District Judge who issued the Bench Warrant or any other Magisterial District Judge within the Thirtieth Judicial District, including but not limited to the on-call Magisterial District Judge.
Rule 319. Dismissal of Charges after Successful Completion of ARD Program.
Upon the successful completion of a defendant's participation in the Accelerated Rehabilitative Disposition Program, the Probation/Parole Department or the defendant may file a Motion requesting that the Court terminate the ARD case and dismiss the defendant's charges.
Said Motion shall include a proposed Order for the Court to sign setting forth a listing of the specific charges to be expunged by the Court and an additional Order substantially in the form set forth in Form 320 of these rules shall be attached to the Motion for the Court's consideration.
Note: The second paragraph of this rule which requires that a proposed order be attached to the motion is inconsistent with Pa.R.Crim.P. 575(c). While attaching an order truly assists the Court in promptly and efficiently processing a rather standard matter given the large number of ARD cases this Court processes, the Court cannot enforce this for defendants who file their own motion. But the Court can require one of its administrative departments, such as the Adult Probation Department, to follow this Court's orders and expectations.
Rule 320. Expungement Upon Successful Completion of ARD Program.
When the Court enters an Order pursuant to Rule 319 dismissing charges against the defendant upon successful completion of the ARD Program, the Court shall, in a separate Order, in a form substantially consistent with Form 320 of these rules, also order the expungement of the defendant's arrest record.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: :
Expungement Order AND NOW, _________________ , 200 __ IT IS ORDERED AS FOLLOWS: Pursuant to the Pennsylvania Rules of Criminal Procedure dealing with Accelerated Rehabilitative Disposition (ARD) (Pa.R.Crim.P. 319, 320) and the Criminal History Record Information Act (18 Pa.C.S.A. § 9101, especially § 9122), an Order has been entered in this case upon the defendant's successful completion of the ARD program and the Court has ordered the dismissal of the charges against the defendant.
Accordingly, it is Ordered as follows:
1. The defendant's arrest record shall be expunged pursuant to Pa.R.Crim.P. 320 and the Criminal History Record Information Act.
2. The Clerk of Courts shall send a certified copy of this Expungement Order to the District Attorney, Magisterial District Judge, arresting police agency, and Pennsylvania State Police Central Repository; and shall maintain the original Motion and Order that was filed in this case under Pa.R.Crim.P. 319, that is dismissal upon successful completion of the program, all as permitted and provided for in 18 Pa.C.S.A. § 9122(c).
3. Upon receipt of a certified copy of this Expungement Order, the District Attorney, Magisterial District Judge, arresting police agency, and Pennsylvania State Police Central Repository shall:
A. Expunge the criminal history record information in this case so as to:
(1) Remove the information so that there is no trace or indication that such information existed; and
(2) Eliminate all identifiers which may be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes, all pursuant to the Criminal History Record Information Act.
B. Within thirty (30) days of receipt of the Expungement Order, file with the Clerk of Courts of Crawford County a certification which states that destruction of records has taken place as Ordered.
C. The Pennsylvania State Police Central Repository shall notify all criminal justice agencies which have received the criminal history record information to be expunged of the Expungement Order as required by the Criminal History Record Information Act, 18 Pa.C.S. § 9122(d).
D. Not expunge certain records pursuant to the Expungement Order in this case. The records that would not be expunged are those set forth in: 18 Pa.C.S.A. § 9122(c), 18 Pa.C.S.A. § 9104(a), 18 Pa.C.S.A. § 9104, and any record maintained by the Department of Transportation or other entities pursuant to 75 Pa.C.S.A. § 1534(b) relating to Accelerated Rehabilitative Disposition in DUI cases.
BY THE COURT
_________________
J.This expungement order applies to the following and the following information is given pursuant to Pa.R.Crim.P. 722.
Defendant's date of birth:
Defendant's social security number:
The Magisterial District Justice docket number:
The Magisterial District number:
The specific charges, as they appear on the charging document, to be expunged:The date of arrest:
The criminal justice agency which made the arrest:
The disposition:
The reason for expungement: successful completion of the ARD program.The criminal justice agencies upon which certified copies of the order shall be served:
those agencies are listed in the body of the order.Form 320
Rule 502. Local Scheduling Procedures.
(1) Annually, no later than September 30th, the Court Administrator shall publish a schedule for the succeeding year setting forth the following pertinent dates that affect each criminal case with the appropriate schedule to be set in motion by the date the defendant either waives the preliminary hearing or is bound over following the preliminary hearing:
(a) The date of the court arraignment, which shall be the first available arraignment date at least twenty (20) days after the preliminary hearing is held or waived.
(b) The date for the call of the trial list, which shall be no sooner than forty-five (45) days after court arraignment nor less than six (6) days from the date trial is scheduled to commence for the case.
(c) The first day of the trial term at which the case is scheduled.
(2) The Court Administrator shall, immediately after publishing said schedule, provide copies to each of shall also be available, free of charge, at all times in the Court Administrator's Office and the Crawford County Clerk of Courts Office.
(3) At the time a defendant is bound over to court or waives a preliminary hearing, each Issuing Authority shall prepare a Criminal Case Scheduling Form with an original and five copies substantially in the form set forth as Form 502.
The Issuing Authority shall orally advise the defendant and counsel of the time, date and place of arraignment, and that the failure to appear at such arraignment or other required appearances as set forth in the Criminal Case Scheduling Form may result in the defendant's arrest and forfeiture of bond.
The Issuing Authority shall require the defendant to sign the Criminal Case Scheduling Form, indicating the defendant is aware of the time, date and place of arraignment and of the obligation to appear at arraignment and other proceedings noted thereon.
Once the Criminal Case Scheduling Form has been completed, the defendant shall be provided with a copy and the Issuing Authority shall retain a copy for the Issuing Authority's records. If they are present, the Issuing Authority shall provide a copy to the defendant's attorney and/or the District Attorney's Office. All undistributed copies, together with a copy for the Court Administrator, shall be forwarded promptly to the Court Administrator for proper distribution. The original Criminal Case Scheduling Form shall be attached to the official record when it is forwarded to the Clerk of Courts as required by Pa.R.Crim.P. 547.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA : : vs. : No. : OTN No.: _________________ : Defendant
CRIMINAL CASE SCHEDULING FORM Charges: _____ Date Complaint Filed: ______
______ _________________
Defense Counsel Date of Preliminary hearing/waiver______ _________________
IMPORTANT NOTICE You and your attorney and/or attorney's representative are required to appear for the following proceedings. These dates may not be changed without leave of Court.
1. Arraignment: ______ 9:00 a.m., prevailing local time, in Assembly Room, basement, Crawford County Courthouse, Meadville, Pennsylvania. Arraignment may be waived, but ONLY if you have an attorney prior to your arraignment date.
2. Criminal Call of List: ______ 9:00 a.m., prevailing local time, Courtroom No. 1, Crawford County Courthouse, Meadville, Pennsylvania.
CAUTION: THE LAST DAY FOR THE COURT TO ACCEPT NEGOTIATED PLEAS (PLEA BARGAINS) IS THE DAY OF THE CALL OF THE CRIMINAL TRIAL LIST. THAT SAME DATE IS THE LAST DAY THAT YOU WILL BE PERMITTED TO WAIVE A JURY TRIAL TO BE TRIED IN A NON-JURY TRIAL BEFORE A JUDGE.
3. First day of Jury Trials: ______ 9:00 a.m.; prevailing local time; Courtroom No. 1, 2 or 3, Crawford County Courthouse, Meadville, Pennsylvania.
FAILURE TO APPEAR FOR YOUR SCHEDULED ARRAIGNMENT, CRIMINAL CALL OF THE LIST OR FIRST DAY OF JURY TRIALS MAY RESULT IN FORFEITURE OF YOUR BAIL BOND AND THE ISSUANCE OF A BENCH WARRANT FOR YOUR ARREST AS WELL AS ADDITIONAL CHARGES OF DEFAULT IN REQUIRED APPEARANCE.
The undersigned hereby acknowledge receipt of a copy of this notice.
Date: ______ ______
Signature of DefendantOriginal: Clerk of Courts [White] Court Administrator [Gold] ______ District Attorney [Green] Signature of Counsel Defense Counsel [Yellow] Defendant [Pink] ______ Issuing Authority [Blue] Signature of Issuing Authority Form 502
Rule 510. Notice To Be Sent When Case Is Initiated By Summons.
In all cases where a criminal action is commenced by summons, the Issuing Authority shall mail with the summons a notice substantially in the following form, printed on paper other than the color of the paper of the accompanying summons, in order to comply with Pa. R.Crim.P. 510(B)(1):
IMPORTANT NOTICE
RIGHT to COUNSEL You have the absolute right to be represented by a lawyer. If you cannot afford a lawyer, one will be appointed to represent you free of charge.
In order to have a lawyer by the time of the preliminary hearing, you should immediately:
(1) Hire a lawyer; or
(2) If you believe you cannot afford to hire a lawyer, you should immediately apply to the Crawford County Public Defender's Office, Crawford County Courthouse, Meadville, Pennsylvania, 16335, (814) 333-7367, where a lawyer may be appointed to represent you free of charge if you qualify.
If you are currently incarcerated and unable to contact the Public Defender's Office, you should immediately request an application from the jail officials to apply for the services of a Crawford County Public Defender.
Rule 528. Requirements for Real Estate Bail.
(1) If real estate is offered as bail set for a defendant, whether before an Issuing Authority or the Court, the owner of the real estate, to qualify as surety and post real estate as bail, must file a letter from an attorney licensed in Pennsylvania which contains the following:
(a) The assessed value and fair market value of the real estate as contained among the assessment records of the county in which the real estate is located or alternatively, a real estate appraisal prepared by a certified Pennsylvania real estate appraiser establishing the fair market value for the real estate.
(b) The exact name(s) of the record title holder(s).
(c) A list of liens against the real estate together with the amount of the lien of record, the actual current payoff amount of the lien and the date the lien was entered.
(d) A list of all unpaid taxes due and owing.
(e) A certification that a lien search has been completed and the attorney finds that after subtracting any outstanding liens from the fair market value of the real estate, there remains a sufficient amount of equity to cover the amount of the bond to be posted.
(2) Upon receiving a letter containing such information, the District Attorney shall promptly review the request. If satisfied that there is adequate equity, the District Attorney shall notify the Clerk of Courts that the real estate bond may be accepted. If the District Attorney does not believe there is sufficient equity or refuses to accept the real estate bond for any reason, the District Attorney shall promptly notify the defendant's counsel so that a hearing may be requested and/or alternate bond may be posted. In all events, the District Attorney's Office shall respond in one of the ways indicated above within one business day of receiving the required letter.
Rule 540. Notice to be Given at Preliminary Arraignment.
In all cases in which a defendant does not appear with an attorney, in addition to the Issuing Authority verbally advising the defendant as set forth in Pa.R.Crim.P. 540(E)(1), the Issuing Authority shall provide to the defendant at the preliminary arraignment a written notice substantially in the form set forth in Crawford County Rule of Criminal Procedure 510, even if the defendant has previously received the same notice pursuant to Crawford County Rule of Criminal Procedure 510.
Rule 541. Notice Required Following Waiver of Preliminary Hearing.
If an Issuing Authority accepts the waiver of preliminary hearing pursuant to Pa.R.Crim.P. 541, the Issuing Authority shall schedule a court arraignment and complete a Criminal Case Scheduling Form in a form substantially consistent with that set forth as Form 502 of these rules, so that the defendant is notified of the date and place of the defendant's arraignment, as well as future important dates and places, all in compliance with Rule 502.
Rule 542. Continuances of Preliminary Hearings Before Magisterial District Judges.
All Preliminary Hearings shall be initially scheduled before Magisterial District Judges consistent with the requirements of the Pennsylvania Rules of Criminal Procedure.
Thereafter, a Magisterial District Judge may grant a continuance of the Preliminary Hearing upon request of either the Commonwealth or the defendant. However, in order to allow cases to flow as quickly as possible through the system, such continuances shall be limited to the minimum time period necessary and should not result in a Preliminary Hearing being held more than thirty (30) days from the date when the Preliminary Hearing was first scheduled.
Rule 543. Disposition of Case at Preliminary Hearing.
If, after completion of the preliminary hearing held pursuant to Pa.R.Crim.P. 543, the Issuing Authority holds the defendant for Court, the Issuing Authority shall schedule a court arraignment and complete a Criminal Case Scheduling Form so that the defendant is notified of the date and place of arraignment as well as future important dates and places all in compliance with Rule 502. The Criminal Case Scheduling Form shall be in a form substantially consistent with Form 502 of these rules.
Rule 571. Arraignment.
(1) Arraignment
(a) Arraignments shall take place before the District Attorney or an Assistant District Attorney at such times and places designated by the Court Administrator.
(b) If at arraignment a defendant wishes to plead not guilty, said plea shall be noted on the information and signed by the defendant. If the defendant wishes to plead guilty or nolo contendere, the defendant shall be given in writing a date to appear before the Court to enter a plea of guilty or nolo contendere. The writing shall also state that if the defendant pleads guilty or nolo contendere, the defendant is not required to appear at the call of the trial list nor any trial date.
(2) Waiver of Appearance at Arraignment
(a) A defendant who has counsel of record may, prior to arraignment, waive the arraignment by filing a Waiver of Appearance at Arraignment Form in the Clerk of Courts Office in a form substantially consistent with Form 571. A copy of the waiver shall be served upon the District Attorney pursuant to Pa.R.Crim.P. 576.
(b) If a written Waiver of Appearance at Arraignment is filed prior to the scheduled date of arraignment, the scheduled date of arraignment shall be deemed the day of arraignment for the purpose of computing time limitations for filing all pretrial motion and requests pursuant to Pa.R.Crim.P. 572, 573, 578 and 579 and for the purpose of scheduling further dates pursuant to these rules.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: :
WAIVER OF APPEARANCE AT ARRAIGNMENT AT COMMON PLEAS COURT LEVEL I, the undersigned counsel, do hereby appear on the Defendant's behalf and do waive the arraignment provided for in Pa.R.Crim.P. 571.
I, the undersigned Defendant, understand that:
1. The Information containing the charges against me will be filed in the office of the Clerk of Courts and a copy will be mailed to my attorney and to me.
_____ (Defendant's initials)2. Any discovery must be concluded 14 days after the date that was scheduled for my arraignment.
_____ (Defendant's initials)3. If I so choose, I must file a Request for Bill of Particulars in writing within 7 days after the date that had been scheduled for my arraignment.
_____ (Defendant's initials)4. If I intend to offer the defense of alibi, insanity, mental infirmity or intend to introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant bearing on the issue of guilt or, in a capital case, on the issue of punishment, I must serve a copy of such notice or notices and a certificate of service on the attorney for the Commonwealth within thirty (30) days after the date that was scheduled for my arraignment at the Common Pleas Court level.
_____ (Defendant's initials)5. I must file any pretrial motions for relief on or before 30 days after the date that was scheduled for my arraignment.
_____ (Defendant's initials)6. If I fail to file any motions for discovery or pretrial relief within the prescribed time limits, it shall be considered a waiver of my right to file such motions.
_____ (Defendant's initials)7. I must give the Court notice no later than the scheduled plea time on the day of the call of the criminal trial list (which date has been provided to me on the Criminal Case Scheduling Form I have received) if I desire to have my case tried before a judge without a jury.
_____ (Defendant's initials)8. If I want to enter a guilty or nolo contendere (no contest) plea in this case as a result of a plea bargain, I must do so no later than the time set for the Court to take pleas on the day of the call of the criminal trial list.
_____ (Defendant's initials)
Date: ______ ______
Signature of DefendantOriginal: Clerk of Courts [white] Court Administrator [gold] ______ District Attorney [green] Signature of Counsel Defense Counsel [yellow] Defendant [pink] Form 571
Rule 575. Motions and Answers.
If the party filing a motion knows that the motion is consented to by the other party, counsel for the moving party shall certify that consent within the motion so that the Court has that information in making a determination pursuant to Pa.R.Crim.P. 577 as to whether an answer and/or hearing and/or argument is necessary.
Rule 579. Time for Omnibus Pretrial Motion and Service.
Any omnibus pretrial motion not filed within thirty (30) days after arraignment must set forth the reasons why it was not filed timely, unless the late filing has been agreed to by the District Attorney or an Assistant District Attorney or already permitted by previous Order of Court. If the reasons are not stated within the motion, there has been no agreement with the District Attorney and there has been no prior Order of Court allowing the late filing, such motion may be summarily dismissed within the discretion of the Court.
Rule 590. Pleas, Plea Agreements and Written Colloquies.
(1) The Court will be available for the purpose of taking guilty or nolo contendere pleas from time to time as designated by the Court Administrator. Those times shall include each Thursday afternoon that court is in session unless otherwise rescheduled with advance notice to the District Attorney and the criminal bar. Pleas will also be taken immediately after the call of each criminal trial list.
(2) (a) After pleas have been taken on the day of the call of the criminal trial list, the Court will not accept any plea for any case on that criminal list unless that plea is a straight plea as charged and in no way is a negotiated plea, even for the purposes of a sentencing recommendation by the District Attorney's Office.
(b) The Court may waive this prohibition against late plea agreements only if both parties agree and have shown good cause to the Court. In the event the Court does find good cause shown and agrees to take the negotiated plea, the Court will determine when the plea will be entered.
(3) Plea Agreements--Whenever a guilty plea or nolo contendere plea agreement is reached between the parties, a Plea Agreement Form substantially in the form set forth in Form 590 shall be filled out. Said form shall be signed by the District Attorney or Assistant District Attorney, defense counsel, and the defendant. A copy of the form to ultimately be filed in the Court Administrator's Office shall be provided by the District Attorney's Office to the judge who is taking the plea. Copies of the Plea Agreement Form shall be supplied to defense counsel and the defendant.
(4) Written Guilty Plea and Nolo Contendere Colloquies--The Court, within the discretion of the individual judge presiding at Plea Court, will permit guilty pleas and nolo contendere pleas to be entered through the use of a written colloquy on a form substantially consistent with the form hereinafter set forth in this rule, provided that the defendant is represented by counsel.
Those entering pleas through a written colloquy will do so at the onset of Plea Court times scheduled as aforesaid. Counsel representing the defendant who will be entering a plea through the use of a written colloquy shall appear with such clients at the time set for Plea Court to actually begin rather than the time designated for the video explaining a defendant's rights which begins approximately a half hour before the scheduled Plea Court.
A judge may decide that a written plea colloquy should not be used in certain cases. The written plea colloquy shall not be used where defendants are pleading guilty or nolo contendere to first, second or third degree murder.
If the plea is to be entered through the use of a written guilty plea or nolo contendere colloquy, counsel shall review and explain to the defendant the contents of the colloquy form and shall be satisfied that the defendant understands all of the questions on the form and that the defendant is entering a knowing and voluntary plea.
The defendant's counsel's signature on the Guilty or Nolo Contendere Plea Colloquy Form shall constitute a certification by the attorney that the attorney has read, discussed and explained the elements of all offenses and all other questions on the plea form, and to the best of counsel's knowledge, information or belief the defendant understands the consequences of his entering the plea.
The Guilty or Nolo Contendere Plea Colloquy shall be prepared substantially in the form hereinafter set forth and shall be filed in open court at the time of the entry of any plea of guilty or nolo contendere.
(5) Megan's Law Supplement to Guilty Plea Colloquy--If a guilty plea or nolo contendere plea is entered by a defendant using a written plea colloquy substantially in the form hereinafter set forth in this Rule and the defendant is subject to the provisions of Megan's Law, the Megan's Law Supplement to Guilty Plea Colloquy hereinafter set forth shall be used.
Counsel shall review and explain to the defendant the contents of the Megan's Law Supplement and shall be satisfied that the defendant understands all the questions on the Megan's Law Supplement form.
The Megan's Law Supplement to Guilty Plea Colloquy shall be filed in open court at the time of the entry of any plea of guilty or nolo contendere.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.:
PLEA COLLOQUY
DIRECTIONS CONCERNING THE ENTERING OF A GUILTY PLEA OR PLEA OF NOLO CONTENDERE (NO CONTEST) You are present before this Court because you or your lawyer have indicated your desire to plead to some or all of the criminal offenses with which you have been charged.
By pleading guilty you are agreeing and admitting that you committed each of the elements of the crimes. By pleading nolo contendere (no contest), you are stating that you do not contest the fact that the Commonwealth can prove you committed the crimes. In criminal law, a plea of nolo contendere (no contest) has the same effect for sentencing purposes as pleading guilty and, therefore, everything contained in this plea colloquy also applies to a plea of nolo contendere (no contest).
It is important that you understand, agree with and answer truthfully everything contained in this plea colloquy.
Please answer all of the questions on these papers fully. Most of the questions are to be answered either ''Yes'' or ''No.'' Where facts are requested, please fill in those facts specified in the blank space provided after the question. If you do not understand the question, indicate this by making an ''X'' in the blank space provided after the question you do not understand.
After you have completed this form and signed it, if there are any portions of it that you have stated you do not understand, tell your attorney, the attorney for the Commonwealth or the Judge so that you have a chance to have it explained.
If you are pleading Nolo Contendere (no contest) rather than Guilty, all references in this colloquy to ''your plea of guilty'' (or similar language) shall be interpreted to mean nolo contendere.
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