Pennsylvania Waiver of Arraignment

State:
Pennsylvania
Control #:
PA-SKU-1732
Format:
PDF
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Description

Waiver of Arraignment

The Pennsylvania Waiver of Arraignment is a document used by individuals charged with a criminal offense in the state of Pennsylvania in order to waive their right to appear at an arraignment hearing. This document allows individuals to enter a plea of guilty or not guilty without having to appear in court. There are two types of Waiver of Arraignment; a Standard Waiver of Arraignment and a Waiver of Arraignment with Representation. The Standard Waiver of Arraignment allows individuals to enter a plea without appearing in court. The Waiver of Arraignment with Representation allows individuals to have an attorney present during the arraignment hearing to represent them. Both types of waiver require the individual to enter a plea of guilty or not guilty and sign the document in the presence of a notary.

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FAQ

Pre-trial Conference: Also known as a status hearing, the judge ?conferences? the case with the Defense Attorney and the Prosecutor in an attempt to resolve any outstanding issues. If a plea bargain is offered, it usually occurs at this hearing.

A defendant might waive the right to a preliminary hearing for several reasons, including the following. Avoid publicity. The defendant intends to plead guilty and wants to avoid publicity (and expense, if the defendant is represented by private counsel). Minimize further damage.

A preliminary arraignment, which generally occurs within six hours after the arrest, is when the defendant is read the charges against him or her. The defendant must appear before the MDJ with the police for a preliminary arraignment.

Although called a "formal" arraignment, the procedure is informal. This is also the time that the defendant enters their guilty or not guilty plea. If you are the victim of a crime in which an offender was arrested, you are not required to attend the formal arraignment.

What Does It Mean To ?Waive? My Preliminary Hearing? Although you must attend court on the day of your hearing, you do have the option to ?waive? your hearing, which basically means that you acknowledge that the Commonwealth could meet its burden at this stage and you agree to have your case move forward.

A waiver means a defendant gives up their right to appear in court personally and have their criminal defense attorney appear on their behalf.

If I fail to appear without cause at any proceeding for which my presence is required, including trial, my absence may be deemed a waiver of the right to be present, and the proceeding may be conducted in my absence.

Rule 541 - Waiver of Preliminary Hearing (A) The defendant who is represented by counsel may waive the preliminary hearing at the preliminary arraignment or at any time thereafter.

More info

Your attorney will likely "waive formal arraignment", which is defined as letting the judge know that they do not have to read the formal charges against a defendant. Trust me, no judge wants to read a full indictment aloud in court!Here's what you need to do for the best chance at avoiding your arraignment. First, you MUST hire a private defense attorney to represent you. In view of the foregoing and with full knowledge of my rights, I am waiving arraignment and entering. (a) plea(s) of Not Guilty to the complaint(s). (b) Waiving Appearance. Speedy trial timeframe. An attorney may file a notice of appearance and waive the presence of the defendant at arraignment. The court reserves the right, as provided under Rule.

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Pennsylvania Waiver of Arraignment