Northum. Cnty. Pa 130

As amended through April 1, 2021
Rule 130 - PROMPT RELEASE OF DEFENDANT FROM CUSTODY PROCEDURE IN COURT CASES INITIATED BY ARREST WITHOUT WARRANT

When a defendant has been arrested without a warrant, the arresting officer may, when the officer deems it appropriate, promptly release the defendant from custody rather than taking the defendant before the issuing authority where all the following conditions have been met:

(1) The most serious offense charged is a misdemeanor of the second degree;
(2) The defendant is a resident of the Commonwealth;
(3) The defendant poses no threat of immediate physical harm to any other person or to himself or herself;
(4) The arresting officer has reasonable grounds to believe the defendant will appear as required; and
(5) The defendant does not demand to be taken before an issuing authority.

Northum. Cnty. Pa 130