8/20/2020
Formal Arraignment Waiver
The following steps must be taken by defense counsel to waive appearance at
Formal Arraignment during the judicial emergency:
Defense counsel must enter their Appearance on behalf of the Defendant.
After the Praecipe for Appearance has been filed with the Department of Court
Records, defense counsel may download and complete the attached Waiver of
Arraignment form. This document can be found on the Fifth Judicial District
Website, https://www.alleghenycourts.us/Criminal/Default.aspx
Once completed, the Waiver of Arraignment form must be forwarded to
ccformalarraignment@alleghenycourts.us.
The email must include counsel’s phone number, email address, and mailing
address.
The Formal Arraignment Office will review the waiver request and determine if
the Criminal Information has been filed by the District Attorney’s Office.
If
the Criminal Information has been filed, the Formal Arraignment Office will
email the attorney of record the information and all paperwork along with the
judge assignment and a subpoena for the Defendant to appear on the
scheduled Pretrial Conference date or Phoenix Court date. When required, a
CRN appointment confirmation will be included in the paperwork; defendant
shall attend CRN appointment and attend full assessment prior to court date.
If the case is eligible for ARD, information will be provided to defense counsel
to contact the District Attorney’s ARD unit and complete the ARD interview.
Upon subsequent receipt of the ARD paperwork from defense counsel showing
that the defendant has been accepted into the ARD program, the Formal
Arraignment Office will provide an ARD date and subpoena to defense counsel
via email.
If the Criminal Information has not been filed, the Formal Arraignment Office
will reschedule the Formal Arraignment date and notify defense counsel of the
new date.
Defense Counsel will sign the subpoena on the defendant’s behalf with the
defendant’s permission or will make arrangements for the defendant to sign
the subpoena and return it to the Formal Arraignment Office by email.
8/20/2020
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA
vs.
Name
Ad
dress
Case No.
PLEASE CHECK IF NEW ADDRESS
City State Zip
Telephone
Waiver of Appearance at Formal Arraignment
I, , Defendant in the above case:
1. Understand the nature of the charges against me,
2. Understand the right to be represented by counsel,
3. Understand the right to file motions, including a Request for a Bill of Particulars, a Motion for Pretrial
Discovery and Inspection, a Motion Requesting Transfer from Criminal Proceedings to Juvenile
Proceedings Pursuant to 42 Pa.C.S. § 6322, and an Omnibus Pretrial Motion, and the time limits within
which the motions must be filed; and
4. Understand that if I fail to appear without cause at any proceeding for which my presence is required,
including trial, that my absence may be deemed a waiver of the right to be present, and the proceeding
may be conducted in my absence.
I hereby waive my appearance at Arraignment and consent to my counsel receiving the Criminal
Information in this case and counsel will inform me of the Pretrial Conference date or Phoenix Court date.
As attorney for the defendant, I understand that I am accepting the subpoena for the next court date on
the defendant's behalf and if the defendant fails to comply with the subpoena a warrant will be issued.
The Department of Court Records having entered the appearance of the following attorney as
Attorney of Record for the above-named Defendant:
Attorney for Defendant Please Print
Attorney for the Defendant - SIGNATURE
Date Signed
Defendants Signature
Date Signed
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signature
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signature
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