Preliminary arraignment procedures are governed by the Rule of Criminal Procedure 540. At the preliminary arraignment, the issuing authority must give a copy of the complaint to the defendant. If the defendant was arrested with a warrant, the issuing authority must also provide copies of the warrant and supporting affidavits, unless they are not available at the time of preliminary arraignment, in which event they must be provided no later than the first business day after the preliminary arraignment. If the defendant was arrested without a warrant, the defendant may not be detained unless the issuing authority makes a determination of probable cause. The issuing authority must read the complaint to the defendant, but must not question the defendant about the charges.
The issuing authority must also inform the defendant: 1) of the right to secure counsel of choice in the right to assigned counsel; 2) of the right to have a preliminary hearing; and 3) if the offense is bailable, of the amount of bail demanded and of the types acceptable under the Rules of Criminal defendant, the issuing authority must fix a day and hour for the preliminary hearing not less than three no more than 10 days after the preliminary arraignment, unless extended for cause shown. The presiding judicial officer at a preliminary arraignment may not reduce or modify the original charges without the consent of the Commonwealth.
Unless the preliminary hearing is waived by a represented defendant, the issuing authority must fix a day and hour for the preliminary hearing not less than 3 nor more than 10 days after the preliminary arraignment, unless extended for "cause shown". The issuing authority may fix an earlier day at the request of the defendant or counsel, with the consent of the complainant and the attorney for the Commonwealth (the "prosecutor"). The issuing authority must then give the defendant notice of the time and place of the preliminary hearing. After the preliminary arraignment, if the defendant is detained, the defendant must be given an immediate and reasonable opportunity to post bail, obtain counsel, and notify others of the arrest. This opportunity usually consists of permitting a defendant to telephone a Lehigh County criminal lawyer, friends, relatives, or bail bondsman.
If the defendant does not post bail, the issuing authority will commit the defendant to jail as provided by law. If the monetary condition of bail is set, the issuing authority must accept bail at any time prior to the return of the docket transcript to the Court of Common Pleas. Under Rule 540, the issuing authority may conduct the preliminary arraignment by using two-way simultaneous audio-visual communication. 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. Because the use of audio-visual communication to conduct the preliminary arraignment is at the issuing authority's discretion, an issuing authority may order that a defendant appear in person for arraignment. The defendant who is represented by counsel at the preliminary hearing may, at that time or later, waive the preliminary hearing. A defendant who is not represented by counsel, however, may not waive the preliminary hearing at the preliminary arraignment, although the defendant reserves the right to do so later.