Civic Design Review Committee. November 2, pm to pm , 4 hours. Webinar ID: Passcode: If you do not have a computer, tablet, or smartphone, please join us on your landline telephone. You will be able to listen, but not see the presentation.
We will also field questions and comments by email. Questions and comments must be received on or before the conclusion of the Civic Design Review meeting in order to be considered. Please send emails to: CDR phila. Philadelphia City Planning Commission Meeting. November 18, pm to pm , 4 hours. December 7, pm to pm , 4 hours.
See all events. September 23, March 24, March 4, See all posts. Search for:. The law enforcement officer contemporaneously shall give the defendant a paper copy of the citation containing all the information required by Rule A Contents of Citation and a notice to appear.
Thereafter, the law enforcement officer without unnecessary delay shall transport the defendant to the Municipal Court for proceedings before a judge, and the case shall proceed as provided by local rule promulgated pursuant to Rule Local Rules.
C If the defendant fails to appear pursuant to the notice to appear issued as required by paragraphs B 1 a , B 1 b or B 2 c , or a subpoena issued as required by paragraph B 1 d ii , the case shall proceed as provided in paragraph D. In no event shall the failure of the law enforcement officer to appear, by itself, be a basis for dismissal of the charges against the defendant. The allegations in the citation may be recited on behalf of the observing law enforcement officer by his or her representative or designee.
The failure of the defendant to appear will be deemed to be a waiver of the right to present defense witnesses.
E When the same conduct is proscribed under an Act of Assembly and a municipal criminal ordinance, the charge shall be brought under the Act of Assembly and not under the ordinance. Municipal Court is required to implement local rules pursuant to Rule Local Rules enumerating the details of the summary proceedings following the issuance of a citation or a summons.
Once a summary case is appealed to the Court of Common Pleas for trial de novo , the case shall remain in the Court of Common Pleas. See also Rule and its Comment. The amendments to paragraph B conform the non-traffic summary citation procedures in Philadelphia with the statewide procedures governing the institution of a non-traffic summary case by issuing a citation to the defendant in person or arresting the defendant without a warrant. The contents of the citation must comply with the requirements of Rule A.
The notice to appear required by paragraphs B 1 a , B 1 b , and B 2 c may be added to the citation form. Nothing in this rule is intended to permit the admission of double hearsay. Arrests without a warrant in summary cases are authorized only in exceptional circumstances, such as cases involving enhanced penalties, or when the defendant fails to produce identification, or when there is violence or the imminent threat of violence, or when there is a likelihood that the defendant will flee.
Nothing in this rule prevents the filing of a citation pursuant to Rules and Although defendants in summary cases ordinarily are not slated, photographed, or fingerprinted, the issuing authority should require the defendant to submit to administrative processing and identification procedures such as fingerprinting as authorized by law.
See, e. Compare Rules , and Nothing in paragraph D requires that the trial in absentia be conducted immediately. All summary offenses under the motor vehicle laws and parking violations are under the jurisdiction of the Municipal Court Traffic Division, the successor of the Philadelphia Traffic Court, see Act 17 of , P. Official Note Rule adopted June 28, , effective July 1, ; amended July 1, , effective August 1, ; Comment revised January 28, , effective July 1, ; amended July 12, , effective January 1, ; January 1, effective date extended to July 1, ; amended February 1, , effective July 1, ; amended August 9, , effective January 1, ; renumbered Rule and amended March 1, , effective April 1, Rule rescinded August 15, , effective February 1, , and replaced by new Rule ; amended May 12, , effective February 1, ; Comment revised February 12, , effective April 1, ; amended December 22, , effective February 20, ; Comment revised May 7, , effective immediately.
Final Report explaining the May 12, changes to paragraph B concerning issuing citations and arrest without warrants in summary cases published at 39 Pa. The provisions of this Rule adopted August 15, , effective February 1, , 35 Pa. Immediately preceding text appears at serial pages , to and to The issuing authority shall then accept the complaint for filing, and the case shall proceed as provided in these rules.
If the defendant was arrested without a warrant pursuant to paragraph A 1 a or b , unless the issuing authority makes a determination of probable cause, the defendant shall not be detained. When counsel for the defendant is present, the defendant must be permitted to communicate fully and confidentially with defense counsel immediately prior to and during the preliminary arraignment. Thereafter, if the defendant does not post bail, he or she shall be committed to jail, as provided by law.
The amendments make it clear that Rule covers the preliminary procedures for all non-summary Municipal Court cases, see Rule A , and cases charging felonies, including the institution of proceedings, the preliminary arraignment, and the preliminary hearing. The amendments to paragraph A 1 align the procedures for instituting cases in Municipal Court with the statewide procedures in Rule Means of Instituting Proceedings in Court Cases.
The amendments to paragraph A 2 align the procedures for private complaints in non-summary cases in Municipal Court with the statewide procedures for private complaints in Rule Approval of Private Complaints. In all cases in which the affiant is not a law enforcement officer, the complaint must be submitted to the attorney for the Commonwealth for approval or disapproval.
The procedure set forth in paragraph C 3 allows the issuing authority to exercise discretion in whether to issue a summons or an arrest warrant depending on the circumstances of the particular case. Appropriate factors for issuing a summons rather than an arrest warrant will, of course, vary.
Among the factors that may be taken into consideration are the severity of the offense, the continued danger to the victim, the relationship between the defendant and the victim, the known prior criminal history of the defendant, etc.
If the attorney for the Commonwealth exercises the options provided by Rule , Rule , or both, the attorney must file the certifications required by paragraphs B of Rules and with the Court of Common Pleas of Philadelphia County and with the Philadelphia Municipal Court.
For the contents of the complaint, see Rule Under paragraphs A and D , if a defendant has been arrested without a warrant, the issuing authority must make a prompt determination of probable cause before the defendant may be detained. See Riverside v. McLaughlin , U. The determination may be based on written affidavits, an oral statement under oath, or both. Within the meaning of paragraph D 2 , counsel is present when physically with the defendant or with the issuing authority.
Under paragraph D 2 , the issuing authority has discretion to order that a defendant appear in person for the preliminary arraignment. Under paragraph D 2 , two-way simultaneous audio-visual communication is a form of advanced communication technology.
See Rule concerning venue when proceedings are conducted pursuant to this rule using advanced communication technology. This amendment parallels Rule C.
See also Rules A and A. Paragraph D 3 c includes a narrow exception which permits the issuing authority to provide copies of the arrest warrant and supporting affidavit s on the first business day after the preliminary arraignment. This exception applies only when copies of the arrest warrant and affidavit s are not available at the time the issuing authority conducts the preliminary arraignment, and is intended to address purely practical situations such as the unavailability of a copier at the time of the preliminary arraignment.
Nothing in this rule is intended to address public access to arrest warrant affidavits. See Commonwealth v. Fenstermaker , Pa. The amendment to paragraph D 3 d iii conforms this rule with the new procedures set forth in Chapter 5, Part E, permitting the attorney for the Commonwealth to proceed to an indicting grand jury without a preliminary hearing in cases in which witness intimidation has occurred, is occurring, or is likely to occur.
See Rule See also Rule Paragraphs D 3 d ii and D 3 d iv require that, in all cases at the preliminary arraignment, the defendant be advised of the consequences of failing to appear for any court proceeding. See also Commonwealth v.
Bond , A. Thereafter, if the defendant does not post bail, he or she must be committed to jail as provided by law. Paragraphs D 3 d iii and E make it clear that, with some exceptions, the procedures in Municipal Court for both preliminary hearings and cases in which the defendant fails to appear for the preliminary hearing are the same as the procedures in the other judicial districts. Paragraph E was amended in to reiterate that traditionally our courts have not applied the law of evidence in its full rigor in proceedings such as preliminary hearings, especially with regard to the use of hearsay to establish the elements of a prima facie case.
Accordingly, hearsay, whether written or oral, may establish the elements of any offense. The presence of witnesses to establish these elements is not required at the preliminary hearing. But compare Commonwealth ex rel. Buchanan v. Verbonitz , Pa. For purposes of modifying bail once bail has been set by a common pleas judge, see Rules and Official Note Original Rule adopted June 28, , effective July 1, ; amended January 26, , effective April 1, ; amended December 14, , effective April 1, ; amended July 1, , effective August 1, ; amended October 22, , effective January 1, ; Comment revised December 11, , effective July 1, ; amended January 28, , effective July 1, ; amended February 1, , effective July 1, ; rescinded August 9, , effective January 1, New Rule adopted August 9, , effective January 1, ; amended September 13, , effective January 1, The January 1, effective date extended to April 1, ; amended March 22, , effective July 1, ; the April 1, effective date extended to July 1, ; amended August 28, , effective immediately; renumbered Rule and amended March 1, , effective April 1, ; amended May 10, , effective September 1, ; amended August 24, , effective August 1, ; amended August 15, , effective February 1, ; amended April 5, , effective April 7, ; amended January 27, , effective in 30 days; amended June 21, , effective in days; Comment revised July 31, , effective November 1, ; amended April 25, , effective June 1, ; amended May 2, , effective June 1, Committee Explanatory Reports : Report explaining the provisions of the new rule published at 22 Pa.
The provisions of this Rule amended May 10, , effective September 1, , 32 Pa. Immediately preceding text appears at serial pages to and to Arraignment Prior to Trial. Arraignment, if not waived by a defendant, shall take place immediately prior to trial. Official Note Rule adopted December 30, , effective January 1, ; renumbered Rule March 1, , effective April 1, Pretrial Application for Relief. A All pretrial applications for relief including those for suppression of evidence may be made orally or in writing.
If in writing, a copy of the application shall be submitted prior to trial to the attorney for the Commonwealth. B Pretrial applications shall be heard on the day set for trial immediately prior to the trial. If the decision is adverse to the Commonwealth, the Court shall grant the Commonwealth a continuance upon motion of the attorney for the Commonwealth to give the attorney for the Commonwealth the opportunity to take an appeal.
There are a few city websites available to help you locate the information you need. To search Looking for Philadelphia municipal data? Check out OpenDataPhilly. The Philadelphia Code. The Philadelphia Code offers a subject codification of ordinances for the City of Philadelphia, with American Legal Publishing serving as the official publisher for the Twelfth Edition
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