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It is intended that the defendant will appear in person before the issuing authority to plead not guilty when the defendant cannot afford to deposit the amount of collateral specified in the citation or the when no amount is specified. (B) The issuing authority, upon receiving a plea of not guilty, shall: (1) fix a date and hour for trial; (2) notify the defendant and the law enforcement officer of the date and hour fixed for trial; and (3) advise the defendant that failure to appear for trial shall constitute consent to trial in the defendants absence and if the defendant is found guilty, the collateral deposited shall be forfeited and applied toward the fine, costs, and restitution, and the defendant shall have the right to appeal within 30 days for a trial de novo. Nothing in this rule is intended to require that an issuing authority should proceed as provided in paragraph (C) when the defendant returns the written guilty plea and the fine and costs in person to the issuing authoritys office pursuant to paragraphs (A)(1) and (B). § 9763 and § 9804, defendants may be sentenced to intermediate punishment for certain offenses, including summary violations of 75 Pa. Often this information will not be available to the issuing authority at the time of sentencing, especially when the defendant appears personally to enter a guilty plea. Official Note Previous Rule 59 adopted September 18, 1973, effective January 1, 1974; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule 75. Final Report explaining the January 26, 2007 amendments to paragraphs (A)(2), (B)(3), and (C)(4) published with the Courts Order at 37 Pa. Examples of situations when the law enforcement officer would be unable to issue a citation include, but are not limited to, when the officer receives information that the defendant has committed a summary violation from a witness but the defendant is not then present; when a witness is not present at the scene and the officer wants to question the witness before completing the investigation; or when the officer is summoned to another case that requires prompt action. § 902, which provides, inter alia, that Deputy Wildlife Conservation Officers shall not be authorized to issue citations . When a defendant acknowledges guilt pursuant to Section 926 of the Game and Wildlife Code, 34 Pa. Present Rule 60 adopted July 12, 1985, effective January 1, 1986. Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Courts Order at 30 Pa. (B) A copy of the citation shall be served with the summons, except in cases charging parking violations when the parking violation information is electronically filed. The rule was amended in 2007 to make it clear (1) that a defendant may not enter a guilty plea by mail to an offense that carries a mandatory sentence of imprisonment, and (2) in those cases in which the offense carries a possible sentence of imprisonment, the issuing authority has the discretion whether or not to accept a guilty plea submitted by mail. § 1543(b) (driving while license is under a DUI-related suspension) but only if they meet certain eligibility requirements, such as undergoing a drug and alcohol assessment. Concerning the appointment or waiver of counsel, see Rules 121 and 122. Final Report explaining the July 17, 2013 Comment revision concerning mandatory incarceration offenses and juveniles published with the Courts Order at 43 Pa. A law enforcement officer should file a citation with the issuing authority when, due to the circumstances of the case, the law enforcement officer is unable to issue the citation directly to the defendant at the time of the offense. and shall provide the information to the Wildlife Conservation Officer. Under this statute, it would not be feasible for the Deputy Wildlife Conservation Officer to issue the citation, and, therefore, pursuant to this rule, the citation would be filed. § § 926, or Section 925 of the Fish and Boat Code, 30 Pa. When determining whether the filing of a citation was the correct procedure under the rules, the courts have considered whether there was a reasonable basis for filing, whether there were compelling reasons to prevent issuing the citation, and whether the defendant was prejudiced by the filing. Official Note Previous rule, originally adopted as Rule 116 June 30, 1964, effective January 1, 1965; suspended effective May 1, 1970; readopted January 31, 1970, effective May 1, 1970, renumbered as Rule 60 and amended to apply only to summary cases September 18, 1973, effective January 1, 1974; amended April 26, 1979, effective July 1, 1979; amended January 28, 1983, effective July 1, 1983; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule 76. Final Report explaining the February 6, 2003 Comment revision concerning filing published with the Courts Order at 33 Pa. The summons shall be served as provided in these rules. Present Rule 62 adopted July 12, 1985, effective January 1, 1986.
A plea entered by mail must be accompanied by the full amount of collateral. All checks deposited as collateral shall be made payable to the magisterial district number set forth on the citation. § 1106(d) for the authority of a magisterial district judge to impose restitution on a defendant. Immediately preceding text appears at serial pages (326474) and (380191).
When fixing the date and hour for trial, the issuing authority should determine whether the trial must be delayed because the defendants criminal record must be ascertained prior to trial as specifically required by statute for purposes of grading the offense charged. Official Note Previous rule, originally numbered Rules 141 and 142, adopted January 31, 1970, effective May 1, 1970; combined, and renumbered Rule 63, and amended September 18, 1973, effective January 1, 1974; amended April 26, 1979, effective July 1, 1979; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule 454. The provisions of this Rule 413 amended June 10, 2016, effective August 1, 2016, 46 Pa. (A) A defendant may plead guilty by: (1) notifying the issuing authority in writing of the plea and forwarding to the issuing authority an amount equal to the fine and costs specified in the summons; or (2) appearing before the issuing authority for the entry of the plea and imposition of sentence when the fine and costs are not specified in the summons or after receipt of notice that a guilty plea by mail has not been accepted by the issuing authority pursuant to paragraph (B)(3).
A plea entered by mail must be accompanied by the full amount of collateral. All checks for collateral shall be made payable to the magisterial district number set forth on the summons. § 1106(d) for the authority of a magisterial district judge to impose restitution on a defendant. Immediately preceding text appears at serial pages (326480) and (380195).
See Rule 401 (Proceedings in Summary Cases Charging Parking Violations).
Committee Explanatory Reports: Report explaining the January 31, 1991 amendments published at 20 Pa. 4788 (September 15, 1990); Supplemental Report published at 21 Pa. This rule facilitates the electronic transmission of parking violation information by (1) eliminating the requirement that a copy of the citation be served with the summons in cases in which the parking violation information is electronically filed pursuant to Rule 401(A), and (2) requiring additional information be added to the summons.