RULE N519.101. PROCEDURE IN COURT CASES INITIATED BY
ARREST WITHOUT WARRANT.
When a defendant has been arrested without a warrant and the most serious offense charged is a misdemeanor of the second degree, the arresting officer may, when he deems it appropriate, promptly release the defendant from custody rather than taking him before the issuing authority, provided the following conditions have been met:
(1) The defendant is a resident of the Commonwealth;
(2) The defendant poses no threat of immediate physical harm to any other person or to himself or herself;
(3) The arresting officer has reasonable grounds to believe that the defendant will appear as required; and
(4) The defendant does not demand to be taken before an issuing authority.
When a defendant is released pursuant to the above procedure, a complaint shall be filed against the defendant within five (5) days of the defendant's release. Thereafter, a summons, not a warrant of arrest, shall be issued and the case shall proceed as provided in Rule 510.
Note: See Pa. R.Crim.P. 503.