The Pennsylvania Waiver of Arraignment And Plea Election is a legal document that allows an individual to waive the formal arraignment process and enter a plea of guilty or no contest instead. This document is commonly used when an individual does not wish to have a trial and wishes to make a plea agreement with the court. There are two types of Pennsylvania Waiver of Arraignment And Plea Election: one for misdemeanors and one for felonies. The misdemeanor waiver allows an individual to waive their right to a formal arraignment and enter a guilty or no contest plea in exchange for a lesser sentence. The felony waiver allows an individual to waive their right to a formal arraignment and enter a guilty plea in exchange for a lighter sentence. Both waivers involve an individual's relinquishment of their right to a trial by jury, and instead, they agree to accept whatever sentence the court deems appropriate.
Pennsylvania Waiver of Arraignment And Plea Election
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FAQ
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.
The main purposes of arraignment are: to ensure that the defendant is advised of the charges; to have counsel enter an appearance, or if the defendant has no counsel, to consider the defendant's right to counsel; and to commence the period of time within which to initiate pretrial discovery and to file other motions.
Once the prosecutor files an indictment against you, you will appear in court to be arraigned on the formal charges. If you were indicted before you were arrested, your initial appearance and arraignment will happen at the same time.
After Formal Arraignment, your attorney will receive the discovery in your case (police reports, video, etc.) and you and your attorney will make arrangements to discuss the discovery and the appropriate next steps.
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.
In Pennsylvania, criminal suspects are brought to the District Court within 72 hours of their arrest. This first appearance in court is called a preliminary arraignment. The judge will read the charges against you, inform you of your rights to have a lawyer and then set your bail.
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.