Penn. Hunt. Cnty. 543

As amended through June 1, 2016
Rule 543 - Procedure At Central Court
A. The Office of Court Administration shall process all waivers of preliminary hearings and bail bonds in Central Court. Subsequently, the docket transcript, criminal complaint and other pertinent documents shall be forwarded to the Clerk of Courts for filing after disposition in Central Court.
B. In the event that the prosecution agrees to settle a case by withdrawing all felony and misdemeanor charges and allowing the defendant to plead guilty to a summary offense, the presiding Magisterial District Judge shall approve or disapprove the settlement in Central Court, subject to the terms set forth below in this paragraph.
1. If approved, the presiding Magisterial District Judge shall inform the defendant of the conditions set forth in subsection (2) below and instruct the defendant that he/she must comply with all of the settlement terms or the settlement will be automatically void with no further notice given, in which event the Central Court Administrator shall forthwith schedule or reschedule a preliminary hearing for the defendant.
2. The terms of settlement shall be that (i) the defendant pay a fine, plus the costs of prosecution and any restitution at the office of the issuing authority not later than 3:45 p.m. of the same day, and (ii) payment must be made in full with cash, certified check or money order only.
3. Following approval of the settlement in Central Court, the Central Court Administrator shall promptly notify the MDJ Staff at the office of the issuing authority of the settlement.
4. If the defendant appears at the office of the issuing authority by 3:45 p.m. and pays the fine, costs and restitution in full, as required, the MDJ Staff at the office of the issuing authority shall enter the disposition, accept payment and notify the Central Court Administrator of full compliance with the terms of settlement.
5. If the defendant fails to appear at the office of the issuing authority by 3:45 p.m., or if the defendant fails to pay the fine, costs and restitution in full as required, the MDJ Staff at the office of the issuing authority shall notify the Central Court Coordinator, whereupon the Central Court Coordinator shall promptly schedule or reschedule a preliminary hearing for that defendant.
6. In any case in which the defendant fails to appear for the preliminary hearing, if the issuing authority finds the defendant did not receive notice of the preliminary hearing by a summons served pursuant to 511, a warrant of arrest shall be issued pursuant to 509(2)(d).
a. If the issuing authority finds that there was cause explaining the defendant's failure to appear, the issuing authority shall continue the preliminary hearing to a specific date and time, giving notice of the new date, time, and place as provided in 542(G)(2). In this scenario, the issuing authority shall not issue a bench warrant.
b. If the issuing authority finds the defendant was absent without cause but received notice, the absence shall be deemed a waiver by the defendant of the right to be present at any further proceedings before the issuing authority. In cases such as these, the issuing authority shall proceed with the case in the same manner as if the defendant was present. Following such cases, the issuing authority shall give the defendant notice by first class mail of the results of the preliminary hearing.
7. When the most serious offense charged against a defendant is a misdemeanor, the issuing authority, pursuant to Pa.R.Crim.P. 546, may dismiss the case upon a showing that (i) the public interest will not be adversely affected; (ii) the attorney for the Commonwealth, or in cases in which there is no attorney for the Commonwealth present, the affiant, consents to the dismissal; (iii) satisfaction has been made to the aggrieved person or there is an agreement that satisfaction will be made to the aggrieved person; and (iv) there is an agreement as to who shall pay the costs.

Penn. Hunt. Cnty. 543