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Court Rule

N571.101 Arraignment

RULE N571.101. ARRAIGNMENT.

(a) Criminal Court arraignments shall be held at such times and places as are specified on the Court calendar.
 
(b) (i) At the conclusion of the preliminary hearing when the defendant is held for court, the issuing authority or
(ii) when no preliminary hearing has been held, within fifteen (15) days after the information has been filed in the office of the Clerk of Courts, the District Attorney shall give written notice to the defendant of his arraignment date. The notice shall be in the following form:
 
IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA CRIMINAL
 
COMMONWEALTH OF PENNSYLVANIA ) COMPLAINT NUMBER:____________
                                                                           ) CHARGES:_______________________
                vs.                                                      ) _________________________________
                                                                           ) DATE COMPLAINT FILED : _______
_____________________________________ ) DATE OF PRELIMINARY HEARING:
_____________________________________ ) _________________________________
_____________________________________ ) DATE OF WAIVE R OF HEARING: 
                                                                           ) _________________________________
Is Defendant in Jail?____________________  )
 
NOTICE OF ARRAIGNMENT
 
YOU MUST APPEAR FOR ARRAIGNMENT ON __________________, THE DAY OF , 19 , IN ROOM 229,
SECOND FLOOR, NORTHAMPTON COUNTY COURT HOUSE, EASTON, PENNSYLVANIA, AT 9:00 A.M., PREVAILING TIME.
 
You and your attorney MUST appear on the date and time indicated above.
Your failure to appear for arraignment will result in the forfeiture of your bond and a BENCH WARRANT will be issued for your arrest.
If you are without sufficient financial resources or otherwise unable to employ an attorney, you should immediately contact the Public Defender's Office in the Court House at Easton, telephone 559 3040.
 
I, the undersigned Defendant, acknowledge that I have received notice of the date and time of arraignment, at which I have been directed to appear.


______________________________ ___ | ________________________
| | Formal Arraignment Waived.         | Signature of Defendant
______________________________| ________________________
Defendant                              | Address
(Waiver)                                | ________________________
__________________          | Dated
Attorney for Defendant        | ________________________
(Waiver)                               | District Justice
______________________  |

C
LERK OF COURTS   DISTRICT ATTORNEY   DEFENDANT    FILE
White Copy        Canary Copy         Pink Copy    Goldenrod
 
(c) The issuing authority shall forward the original notice to the Clerk of Courts, one copy shall be given to the defendant or his counsel, one copy shall be forwarded to the District Attorney and one copy shall be retained for the issuing authority's file.
 
(d) At the time of filing an entry of appearance, a defendant's attorney may waive arraignment.
 
(e) Unless the defendant is personally served with notice of arraignment date by the issuing authority, service of the notice referred to herein shall be in accordance with Pa. R.Crim.P. 577 or by first class mail.
 
(f) On the date of arraignment, the defendant or his attorney shall appear at the time and place specified on the notice of arraignment. The District Attorney shall give defendant or his attorney a copy of the Information and a statement of defendant's pretrial rights and rules which shall be in the following form:
 
PRETRIAL RULES
 
Criminal charges have been lodged against you in Northampton County. Attached you will find a copy of the Information or Informations setting forth these criminal charges.
 
Pennsylvania Rule of Criminal Procedure No. 572 permits you, or your attorney, to serve a written request for a bill of particulars upon the District Attorney of Northampton County within seven days from your arraignment date. The request must set forth the specific particulars sought by you and the reasons why the particulars are requested.
 
Pennsylvania Rule of Criminal Procedure No. 579 permits you, or your attorney, to file an Omnibus Pretrial Motion for Relief which must be filed and served within thirty days after your arraignment date unless opportunity therefore did not exist within the thirty day period, or you or your counsel, or the District Attorney, was not aware of the grounds for the motion or unless the time for filing has been extended by the Court for cause shown.
 
Pennsylvania Rule of Criminal Procedure No. 578 sets forth the required procedure to be followed when filing an Omnibus Pretrial Motion for Relief. Types of relief requested in such a pretrial motion shall include, but shall not be limited to, the following:
 
1. For continuance
2. For severance
3. For suppression of evidence
4. For psychiatric examination
5. To quash the information or informations
6. For change of venue
7. To disqualify a judge
8. For appointment of investigator
9. For pretrial conference
 
To ensure that your rights are adequately protected, it is strongly recommended that you obtain a lawyer to represent you before your arraignment date. If you are without sufficient financial resources or otherwise unable to employ an attorney, you should immediately make application to the office of the Northampton County Public Defender, Courthouse, Easton, telephone 559 3040. If you are unable to employ an attorney, or if the Northampton County Public Defender's Office refuses to represent you, or if you elect to proceed without an attorney, you are directed to appear at the time of trial. You will receive a letter when to appear for trial. If you have a change of address, it is your duty to notify the District Attorney's Office immediately at 5593020.
 
(g) If the defendant is unrepresented by legal counsel, he shall be required to appear on the same day before a Judge of the Court of Common Pleas who shall further instruct the defendant of his right to counsel.

Amended April 15, 1991, to reflect changes in telephone numbers for the Public Defender's and District Attorney's Offices.
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Created at 1/29/2016 10:18 AM by Vitek Gajewski
Last modified at 1/29/2016 10:18 AM by Vitek Gajewski
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