Rule 541.1 - Form of WaiverThe notice shall substantially be in the following form:
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA CRIMINAL | |
COMMONWEALTH OF PENNSYLVANIA | MJ-513____- |
VS. _____________________ | |
I verify that the foregoing is true and correct to the best of my knowledge:
1. I am represented by counsel of record and wish to waive my preliminary hearing.2. If I am represented by counsel, my attorney concurs in this waiver.3. I understand the nature of all charges against me.4. I understand that I am required to report for formal arraignment before the Adams County Court of Common Pleas on the date and time provided to my attorney. In that regard, I will consult with my attorney concerning the date which I must appear. I am further aware that my presence at formal arraignment is required and if I fail to appear, the proceeding may be conducted in my absence and a bench warrant will be issued for my arrest.5. I understand that my bail has been set at ____________________and that failure to appear as directed at all future court proceedings or to otherwise comply with the conditions of bail as set forth hereinbelow may result in forfeiture of the bail bond and issuance of a warrant for arrest.6. I understand that the conditions of my release as established in paragraph 5 above are as follows: a. I must appear at all times required until full and final disposition of the case(s).b. I must obey all further orders of court.c. I must provide a current address and must give written notice to the Adams County Clerk of Courts and the Adams County District Attorney of any change of address within 48 hours of the date of the change. In this regard, if my address listed on the criminal complaint is inaccurate, I must advise the Clerk of Courts and the District Attorney of the correct address within 48 hours of the date this document is executed by me.d. I must neither do, nor cause to be done, nor permit to be done on my behalf, any act as proscribed by Section 4952 of the Pennsylvania 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.e. I must refrain from criminal activity.f. I must comply with any fingerprint order if issued by any court. I verify that the facts contained in the above pleading are true and correct to the best of my knowledge, information, and belief. I understand that the facts herein are verified subject to penalties for unsworn falsification to authorities under Section 4904 of the Crimes Code (18 Pa. C.S. § 4904). I have been advised by the issuing authority of my right to a preliminary hearing. I understand that, by waiving my right to a preliminary hearing, I am precluded from raising the sufficiency of the Commonwealth's prima facie case. I voluntarily waive this hearing and agree for this matter to be bound over to court.
Dated: _______________ | _____________________________________ Defendant |
I represent that I am counsel of record in this matter and I concur in this waiver. I further represent that I will advise the defendant of the date of all future court proceedings before the Adams County Court of Common Pleas.
Dated: _______________ | _____________________________________ Attorney |
This waiver of preliminary hearing is accepted.
Dated: _______________ | _____________________________________ Magisterial District Judge |
Amended effective 5/29/2023; amended effective 5/29/2023; amended effective 7/31/2023; amended effective 12/18/2023.