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Adams Cnty. C.P. Rules of Criminal Procedure Rule 541

Waiver of Preliminary Hearing

activein force · 2025-04-01 – presentact-effective-date

A. A defendant represented by counsel may waive the right to a preliminary hearing by

both the defendant and counsel executing a waiver in substantially the form set forth in

Rule 541.1. The waiver shall be prepared by the presiding Magisterial District Judge

prior to the defendant’s execution of the waiver. Upon defendant’s execution of the

waiver, the waiver must be returned to and, if accepted, signed by the Magisterial

District Judge. The executed waiver may be presented by counsel to the presiding

Magisterial District Judge no later than the end of business on the Friday preceding the

preliminary hearing.

B. If bail was set at preliminary arraignment, bail shall remain as set unless the defendant

requests a hearing.

C. Bail for any defendant waiving preliminary hearing who has not otherwise been

preliminarily arraigned by a Magisterial District Judge shall be set by the presiding

Magisterial District Judge. Bail shall be noted by the Magisterial District Judge on the

waiver form prior to execution of the form by the defendant. Bail shall be conditioned

upon compliance with the following conditions in addition to any special conditions set

by the Magisterial District Judge:

1. The defendant must appear at all times required until full and final

disposition of the case(s).

2. The defendant must obey all further orders of the bail authority.

3. The defendant must provide a current address and must give written

notice to the bail authority, the Clerk of Courts, the District Attorney,

and the court bail agency or other designated court bail officer, of any

change of address within 48 hours of the date of the change.

4. The defendant must neither do, nor cause to be done, nor permit to be

done on his or her behalf, any act as prescribed by Section 4952 of the

Crimes Code (relating to intimidation of witnesses or victims), or by

Section 4953 (relating to retaliation against witnesses or victims), 18 Pa.

C.S. § 4952, 4953.

5. The defendant must refrain from criminal activity.

6. The Defendant must comply with any fingerprint order, if any is issued

by this Court.

D. Execution of the waiver form by a party will indicate their acknowledgement of the bail

conditions. The Magisterial District Judges are relieved from requiring further

signature of the defendant on bail documentation.

E. When a waiver is executed and filed with the Magisterial District Judge pursuant to the

terms of this section, the Magisterial District Judge shall confirm receipt of the same to

defendant’s counsel. Upon confirmation of receipt, the defendant’s obligation to

appear as previously directed is waived.

Provenance

Source
www.adamscountypa.gov
Retrieved
2026-09-30
Edition
2026-09-30
Content hash
3352816ddc1249477fe4cbd4ebd443aff931f0b8c61855ff28d50c49c7da5a7e
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