Philadelphia Cnty. C.P. Municipal Court-Criminal Rule 540

A. Procedure When a Defendant Is Arrested Pursuant to Traffic Division Warrants When the

Traffic Division is Closed.

1. The defendant shall be taken without unnecessary delay to a Philadelphia Police Offender

Processing site or county prison. The defendant shall be identified, and the outstandin g

warrant(s) and total amount of any fine and costs owed shall be confirmed.

2. The defendant shall appear before an Arraignment Court Magistrate by means of two-way

simultaneous audio-video equipment for a warrant hearing. The proceeding before the

Arraignment Court Magistrate shall be as set forth below in paragraph (B).

B. Proceeding Before the Arraignment Court Magistrate. Warrant Hearing. Scheduling of Traffic

Division proceeding.

1. The Arraignment Court Magistrate shall deter mine whether the defendant should be

released pending the next Traffic Division hearing, and if so, whether collateral must be

posted by the defen dant to secure defendant’s release pending the next Traffi c Division

hearing. If the Arraignment Court Magistrate determines that collateral must be posted, the

Arraignment Court Magistrate shall set collateral as provided in Pa.R.Crim.P. 1034.

2. The Arraignment Court Magistrate shall schedule a hearing before the Traffic Division

using a Subpoena/Commitment form.

3. The defendant shall sign the Subpoena/Commitment form and shall be given a copy.

4. If the posting of collateral is ordered and is not posted by or on behalf of the defendant, the

defendant shall be brought to the county prison and shall be brought down for the scheduled

Traffic Divi sion proceeding. Provided, however, that the de fendant shall be released

promptly upon the posting of the collateral set by the Arraignment Court Magistrate.

5. At the conclusion of the hearing, the Arraignment Court Magistrate shall direct that all

outstanding Traffic Division warrants against the defendant be withdrawn.

Note: Amended by the Municipal Court Board of Judges on January 18, 2006. Effective March 1, 2006;

amended May 9, 2014, effective thirty (30) days after publication in the Pennsylvania Bulletin.

Comment: Consistent with Pa.R.Crim.P. 1034 the Arraignment Court M agistrate shall set collateral in a

reasonable amount, i.e. an amount which upon consideration of the defendant’s income and the defendant’s

expenses may be reasonably posted by the defendant. It is the intention of the court that most, if not all,

defendants will be released pending the date of the summary trial or hearing. However, should the records

of the Traffic Division disclose that the defendant has a history of failure to appear for Traffic Division

summary trials or hearings, especially after per sonal service of the notice of trial or scheduling order, the

Arraignment Court Magistrate may direct that the defendant be held until the summary trial or hearing date

and may be released only upon payment of the full amount of collateral or outstanding f ines. Should the

defendant be ordered held until the date of the summary trial or hearing, the summary trial or hearing should

be scheduled as soon as practical.