Penn. Wash. Cnty. 130

As amended through June 1, 2022

Rule 130 - Procedure In Court Cases Initiated By Arrest Without Warrant

Pursuant to the authority set forth in 130 of the Rules of Criminal Procedure, an arresting officer, when the officer deems it appropriate, may promptly release from custody a defendant who has been arrested without a warrant, rather than taking the defendant before the issuing authority, when the following conditions have been met:

a. the most serious offense charged is a misdemeanor of the second degree;

b. the defendant is a resident of the Commonwealth;

c. the defendant poses no threat of immediate physical harm to any other person or to himself or herself;

d. the arresting officer has reasonable grounds to believe that the defendant will appear as required; and

e. the defendant does not demand to be taken before an issuing authority.

When a defendant is released pursuant to Pa. R. Crim. P. 130(b) or pursuant to this rule, a complaint shall be filed against the defendant within five (5) days of the defendant's release. Thereafter, a summons, not a warrant or arrest, shall be issued and the case shall proceed as provided by Pa. R. Crim. P. 110.

Penn. Wash. Cnty. 130