Rule 102 - Procedure in Non-traffic Summary CasesWhen a defendant commits a non-traffic summary offense the matter shall proceed according to Pennsylvania Rule of Criminal Procedure 1002 except that:
(A) In lieu of taking the defendant into custody the law enforcement officer may prepare, verify and transmit a citation electronically. The law enforcement officer contemporaneously shall give the defendant a paper copy of the citation containing all the information required by Pennsylvania Rule of Criminal Procedure 403 and a notice to appear.(B) When a defendant commits a non-traffic summary offense in any district that is within the jurisdiction of Community Court the procedure shall be as follows: (1) during the regular operating hours of Community Court, Monday through Friday, the defendant shall be taken to the police district or an appropriate PARS processing location where the defendant will be issued a citation. The police shall then, without unnecessary delay, transport the defendant to Community Court for proceedings before a Municipal Court judge.(2) during the hours when Community Court is closed, the defendant shall be processed as provided in subsection (B)(1) except that the defendant will be given a notice to appear in Community Court for proceedings before a Municipal Court judge on the next business day.(3) if offered by the District Attorney, the defendant may enter a conditional guilty plea or a nolo contendere plea and the sentence imposed shall be consistent with the terms and conditions offered by the District Attorney and accepted by the defendant as a negotiated plea. The judge will then impose community service and/or rehabilitation conditions to be completed by the time of the defendant's next scheduled appearance. The defendant shall be given notice to return to Community Court for the status of the completion of the conditions. If at the status listing the defendant has successfully completed the conditions imposed, prosecution shall be withdrawn. If the conditions have not been completed, it is within the judge's discretion to allow the defendant additional time to comply. If the judge allows additional time and the defendant again fails to successfully complete the conditions, the judge shall enter a guilty verdict and impose sentence.(4) the defendant may enter a not guilty plea and receive a trial date in Community Court.Adopted by the Board of Judges on November 18, 2005; effective 2/1/2006.