Current through Register Vol. 54, No. 45, November 9, 2024
Rule 454 - Trial in Summary Cases(A) Immediately prior to trial in a summary case: (1) The defendant shall be advised of the charges in the citation or complaint;(2) if, in the event of a conviction, there is a reasonable likelihood of a sentence of imprisonment or probation, the defendant shall be advised of the right to counsel and (a) upon request, the defendant shall be given a reasonable opportunity to secure counsel; or(b) if the defendant is without financial resources or is otherwise unable to employ counsel, counsel shall be assigned as provided in Rule 122; and(3) The defendant shall enter a plea.(B) If the defendant pleads guilty, the issuing authority shall impose sentence. If the defendant pleads not guilty, the issuing authority shall try the case in the same manner as trials in criminal cases are conducted in the courts of common pleas when jury trial has been waived; however, in all summary cases arising under the Vehicle Code or local traffic ordinances, the law enforcement officer observing the defendant's alleged offense may, but shall not be required to, appear and testify against the defendant. In no event shall the failure of the law enforcement officer to appear, by itself, be a basis for dismissal of the charges against the defendant.(C) The attorney for the Commonwealth may appear and assume charge of the prosecution. When the violation of an ordinance of a municipality is charged, an attorney representing that municipality, with the consent of the attorney for the Commonwealth, may appear and assume charge of the prosecution. When no attorney appears on behalf of the Commonwealth, the affiant may be permitted to ask questions of any witness who testifies.(D) The verdict and sentence, if any, shall be announced in open court immediately upon the conclusion of the trial, except as provided in paragraph (E).(E) If the defendant may be sentenced to intermediate punishment, the issuing authority may delay imposing sentence pending confirmation of the defendant's eligibility for intermediate punishment.(F) At the time of sentencing, the issuing authority shall:(1) if the defendant's sentence includes restitution, a fine, or costs, state: (a) The amount of the fine and the obligation to pay costs;(b) The amount of restitution ordered, including(i) The identity of the payee(s),(ii) to whom the restitution payment shall be made, and(iii) whether any restitution has been paid and in what amount; and(c) The date on which payment is due. If the defendant is without the financial means to pay the amount in a single remittance, the issuing authority may provide for installment payments and shall state the date on which each installment is due;
(2) advise the defendant of the right to appeal within 30 days for a trial de novo in the court of common pleas, and that if an appeal is filed: (a) The execution of sentence will be stayed and the issuing authority may set bail or collateral; and(b) The defendant must appear for the de novo trial or the appeal may be dismissed;(3) if a sentence of imprisonment has been imposed, direct the defendant to appear for the execution of sentence on a date certain unless the defendant files a notice of appeal within the 30-day period, and advise that, if the defendant fails to appear on that date, a warrant for the defendant's arrest will be issued; and(4) issue a written order imposing sentence, signed by the issuing authority. The order shall include the information specified in paragraphs (F)(1) through (F)(3), and a copy of the order shall be given to the defendant.The provisions of this Rule 454 amended February 28, 2003, effective 7/1/2003, 33 Pa.B. 1324; amended August 11, 2003, effective 7/1/2004, 33 Pa.B. 4289; amended March 26, 2004, effective 7/1/2004, 34 Pa.B. 1929; amended January 16, 2007, effective 2/1/2008, 37 Pa.B. 752; amended July 17, 2013, effective 8/17/2013, 43 Pa.B. 4323; amended March 9, 2016, effective 7/1/2016, 46 Pa.B. 1532.