Preliminary Arraignments Lawyers in Wilkes-Barre, PA

Lampman Law frequently represents people facing criminal charges at preliminary arraignments. Many times, we coordinate our client’s appearance at a preliminary arraignment after an arrest warrant or a bench warrant was issued. In either scenario, we recommend and arrange our client’s voluntary surrender before the court because it provides the best opportunity to show the court that the warrant should be lifted, an unsecured or low bail should be set, and that our client is eager to fight the charges in court.

What is a preliminary arraignment?

A preliminary arrangement is an initial court appearance before the issuing authority (a district judge or a Philadelphia municipal court judge) that should occur when or shortly after a suspect is taken into police custody on an arrest warrant or when the police arrest a person without a warrant. The proceeding serves three general purposes.

First, the court must inform the defendant of the charges and the factual basis of the allegations. According to the rule, during a preliminary arraignment, the judge “shall not question the defendant about the offenses charged but shall read the [criminal] complaint to the defendant.”

Second, the court must set bail. First or second-degree murder are non-bailable offenses. A court can deny bail if it reasonably believes the defendant presents a danger to the community or that no amount of bail will assure their appearance. When an ROR or unsecured bail is set, the defendant is free to leave but is subject to the terms and conditions of the bail bond. Most obviously, a defendant on ROR or an unsecured bail must appear at all future court proceedings. If the court sets monetary bail then the defendant is detained and must be given “an immediate and reasonable opportunity to post bail, secure counsel, and notify others of the arrest.” If the defendant does not post bail he or she shall be committed to jail.

Third, the court must set a preliminary hearing date and provide oral and written notice of the date, time, and location of that hearing.

What are my rights at a preliminary arraignment?

Of course, a defendant has the right to remain silent at a preliminary arraignment. During a preliminary arraignment, the court must:

• Allow the defendant to fully and confidentially communicate with counsel, if counsel for the defendant is present.
• Read the criminal complaint to the defendant.
• Give the defendant a copy of the criminal complaint.
• Give the defendant a copy of the arrest warrant and affidavit, if an arrest warrant was filed.
• Inform the defendant of their right to counsel.
• Set bail and inform the defendant of the bail’s terms and conditions.
• Inform the defendant of their right to have a preliminary hearing (unless the defendant is being presented to an indicting grand jury).
• Schedule a preliminary hearing (within 14 days of the preliminary arraignment date if the defendant is committed to jail on the case).
• Provide oral and written notice of date, time, and location of the preliminary hearing to the defendant.
• Provide notice to the defendant that failure to appear at the preliminary hearing will be deemed a waiver by the defendant of the right to be present at any further proceedings before the issuing authority and will result in the case proceeding in the defendant’s absence and in the issuance of a warrant of arrest.
• If the defendant was arrested without a warrant, the court must set the defendant free unless the court makes a determination that probable cause supports the arrest.
• Give the defendant “an immediate and reasonable opportunity to post bail, secure counsel, and notify others of the arrest.”
• Notify the parents or guardian of a juvenile “defendant.”

Why did the court issue a warrant for my arrest?

In general, a court will issue an arrest warrant when one of the offenses charged is a felony, the identity of the defendant is unknown, or when a summons was returned as undeliverable. A district court can also issue an arrest warrant when an offense is graded as a misdemeanor of the first degree in a non-DUI case.

A court may also issue a warrant if they have reasonable grounds to believe that the defendant will not comply with a summons or that the defendant poses a threat of physical harm to any person, including the defendant.

Why was a bench warrant issued for my arrest in Pennsylvania?

Bench warrants are issued when a defendant fails to appear for court. If you have an active bench warrant you should retain a lawyer to schedule a hearing to lift the warrant.

Why did I see a judge through video when I was in jail?

The Pennsylvania Rules of Criminal Procedure allow a judge to conduct preliminary arraignments through video. Therefore, if you saw a judge via video while you were in jail it was probably your preliminary arraignment.

Why didn’t I have a preliminary arraignment?

The Pennsylvania Rules of Criminal Procedure favors the release of criminal suspects pending a preliminary hearing. Thus, following an arrest for most misdemeanor charges, the police will release a suspect and file a criminal complaint with the court. The court will then issue a summons to the defendant via mail. The summons informs the defendant about the charges and directs them to appear at a preliminary hearing.

Why hire Lampman Law to represent me at a preliminary arraignment?

Lampman Law is committed to providing excellent representation to the accused. We have daily experience defending people accused of committing crimes pre-arrest and in court. This experience matters. We do not miss opportunities to develop a defense.

We are client focused and passionate. We work hard and smart to provide strategic, creative, and clear defenses. When appropriate, we are not afraid to tell the police or a prosecutor how a charge or an entire case will fail. Lampman Law has the confidence to do this because we know the facts of our cases as well as the relevant law.

If you hire us for a preliminary arraignment:

• We will listen to you, answer your questions, and offer our advice. In doing so, we will put you in the best position possible while we protect your rights, investigate the facts, and build your defense.
• Within moments of being hired we begin the process of coordinating the preliminary arraignment to avoid an actual arrest and to decrease the risks of a high secured monetary bail and/or pre-trial detention.
• We will be prepared to defend the case at the preliminary hearing and until it is fully resolved.
• We put ourselves between you and the police. From that point on, no one will try to speak with you, and we are responsible for your case.
• We seek evidence to build your case pre-arrest. Depending on the scope of the investigation, we may advise hiring a private investigator to interview witnesses and gather facts. In some case, we may also find and advise you to retain expert witnesses to strengthen your case.

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Please call us at 570-371-3737 to schedule a free, honest, and no pressure phone or in-office consultation. All conversations are 100% confidential.