Adm. Cnty. Pa. 541

As amended through December 4, 2023
Rule 541 - Waiver of Preliminary Hearing
A. A defendant represented by counsel may waive the right to a preliminary hearing by both the defendant and counsel executing a waiver in substantially the form set forth in Rule 541.1. The waiver shall be prepared by the presiding Magisterial District Judge prior to the defendant's execution of the waiver. Upon defendant's execution of the waiver, the waiver must be returned to and, if accepted, signed by the Magisterial District Judge. The executed waiver may be presented by counsel to the presiding Magisterial District Judge no later than the end of business on the Friday preceding the preliminary hearing.
B. If bail was set at preliminary arraignment, bail shall remain as set unless the defendant requests a hearing.
C. Bail for any defendant waiving preliminary hearing who has not otherwise been preliminarily arraigned by a Magisterial District Judge shall be set by the presiding Magisterial District Judge. Bail shall be noted by the Magisterial District Judge on the waiver form prior to execution of the form by the defendant. Bail shall be conditioned upon compliance with the following conditions in addition to any special conditions set by the Magisterial District Judge:
1. The defendant must appear at all times required until full and final disposition of the case(s).
2. The defendant must obey all further orders of the bail authority.
3. The defendant must provide a current address and must give written notice to the bail authority, the Clerk of Courts, the District Attorney, and the court bail agency or other designated court bail officer, of any change of address within 48 hours of the date of the change.
4. The defendant must neither do, nor cause to be done, nor permit to be done on his or her behalf, any act as prescribed by Section 4952 of the Crimes Code (relating to intimidation of witnesses or victims), or by Section 4953 (relating to retaliation against witnesses or victims), 18 Pa. C.S. § 4952, 4953.
5. The defendant must refrain from criminal activity.
6. The Defendant must comply with any fingerprint order, if any is issued by this Court.
D. Execution of the waiver form by a party will indicate their acknowledgement of the bail conditions. The Magisterial District Judges are relieved from requiring further signature of the defendant on bail documentation.
E. When a waiver is executed and filed with the Magisterial District Judge pursuant to the terms of this section, the Magisterial District Judge shall confirm receipt of the same to defendant's counsel. Upon confirmation of receipt, the defendant's obligation to appear as previously directed is waived.

Adm. Cnty. Pa. 541

Amended effective 5/29/2023; amended effective 5/29/2023; amended effective 7/31/2023; amended effective 12/18/2023.