Hunt. Cnty. Pa. 540

As amended through June 1, 2016

Rule 540 - Procedure When A Criminal Complaint Is Filed

When a criminal complaint is filed with a Magisterial District Judge, the case will be scheduled for Central Court as follows:

For a case in which the defendant was either (i) arrested by a warrant and given a preliminary arraignment before a Magisterial District Judge, or (ii) arrested on-site by police officers and brought before a Magisterial District Judge for a preliminary arraignment: The Magisterial District Judge will schedule a preliminary hearing in Central Court pursuant to Pa. Rule of Criminal Procedure 540(G)(1), i.e., the Magisterial District Judge shall ". fix a day and hour for a preliminary hearing which shall not be later than 14 days after the preliminary arraignment if the defendant is in custody and no later than 21 days if not in custody unless: (a) extended for cause shown; or (b) the issuing authority fixes an earlier date upon request of the defendant or defense counsel with the consent of the complainant and the attorney for the Commonwealth ..."

A. At the preliminary arraignment the defendant shall be provided with a Notice of Preliminary Arraignment, a Notice of Preliminary Hearing, a Public Defender Application and a copy of the complaint and affidavit of probable cause.

B. At the preliminary arraignment the police officer (affiant) shall be given a Notice of Preliminary Hearing.

C. The MDJ Staff shall fax a copy of the criminal complaint, the affidavit of probable cause, the Preliminary Hearing Notice and Commitment (if the defendant is incarcerated) to the Office of Court Administration, the Office of the District Attorney and the Office of the Public Defender.

Hunt. Cnty. Pa. 540