Lycoming County Rules of Criminal Procedure



L122. Assignment of Counsel.

A. Applications for assignment of a public defender shall be submitted to the public defender's office. Applications shall be approved or rejected in accordance with specific written standards established by the court, which shall be available for inspection in the public defender's office. The application will be approved or rejected by the chief public defender, and in the event of rejection the defendant will be advised of the right to appeal to the court.

B. Nothing herein contained shall prevent the court, after notice and hearing, from revoking an appointment of counsel due to the non-indigency of the defendant, but in no event shall a revocation be made when the effect thereof would require a continuance of the trial of the case.

L202. Approval of Search Warrant Applications by Attorney for the Commonwealth. The District Attorney of Lycoming County having filed a certification pursuant to Pa.R.Crim.P 202, search warrants in all circumstances shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.

L507. Approval of Complaints and Arrest Warrant Affidavits by the Attorney for the Commonwealth. The District Attorney of Lycoming County, having filed a certification pursuant to Pa. R. Crim. P. 507, criminal complaints and arrest warrant affidavits for all felony charges and any offenses requiring registration pursuant to 42 Pa.C.S §9799.14 shall not hereafter be accepted by any judicial officer unless the complaint and affidavit have the approval of an attorney for the Commonwealth prior to filing.

Note: The District Attorney's certification was filed on March 12, 2015 with the Clerk of the Courts of Lycoming County, to docket number MD-109-2015.

L525. Bail.

A. The person for whom bail has been set, or a private third party surety, shall, with the approval of the court or issuing authority, execute a bail bond and deposit with the clerk of courts or issuing authority, a sum of money equal to ten percent (10%) of the bail, but in no event shall such deposit be less than fifty ($50.00) dollars. Corporate sureties are expressly prohibited from posting the deposit for bail set under this section.

B. In all court cases, except ROR or nominal bail, an administrative fee shall be paid to the clerk of courts at the time the bail bond is executed. In ROR and nominal bail, an administrative fee shall be added to the bail amount in the event of a default. The administrative fee shall be considered as earned at the time the bail undertaking is executed.

C. In all cases where there has been a non-appearance before a magistrate and a bail bond has been executed, the bail bond shall be immediately transmitted to the clerk of courts along with a written statement of the details concerning the defendant's non-appearance and an order declaring the forfeiture of bail.

D. Judgment shall be entered immediately, under the direction of the prothonotary and clerk of court in all bail situations except ROR, nominal bail and full cash bail, unless the issuing authority or court directs that judgment be entered in these instances.

E. When the conditions of a bail bond have been performed and the defendant has been discharged from all obligations in the cause, upon an appropriate order of court, the clerk of court shall return to the accused, unless the court orders otherwise, the entire amount of cash bail deposited, less any unpaid administrative costs. In the event that judgment has been entered on any bail bond, upon receiving an order that the defendant has been discharged from all obligations, the clerk of courts shall mark the judgment satisfied on the record.

F. If the defendant does not comply with the conditions of the bail bond, the court shall enter an order pursuant to Pa. R. Crim. P. 536 and notice of such order of forfeiture shall be mailed forthwith by certified mail to the defendant at his last known address.

G. If the court orders the defendant to pay a fine and costs of prosecution, the balance of any cash bail deposited by the defendant may be applied to the payment of said fine and costs, as ordered by the court. Where a third party surety has posted a deposit, the deposit may be applied to the payment of fine and costs upon the written authorization of third party surety.

H. Upon authorization in writing of any party who posted a cash deposit, the court may order whatever amount is repayable from such deposit to be paid to the defendant's attorney of record.

I. Any cash deposits not claimed within one year from the notice of full and final disposition of the case shall be deemed as fees and shall be forfeited to the court. Notice of such proposed forfeitures shall be sent to the accused, the surety, if any, and the attorney of record.

J. When a defendant has failed to comply with the rules and regulations of the bail bond, or any additional conditions of his release, he may be brought before the court to determine if additional bail shall be set in his case.

K. In all cases where the accused's case is disposed of through a verdict of not guilty, or a dismissal, through nolle prosse, or otherwise, the administrative costs provided for in this rule shall be returned to the accused. These costs shall then be placed on the county.

L. If the accused asserts an inability to pay the administrative fee set forth in this rule, the matter shall be handled by the issuing authority through the filing of a petition to proceed in forma pauperis.

L530. Designation and Powers of County Bail Agency.

A. The Lycoming County Bail Release Program is hereby designated as the county bail agency pursuant to Pa.R.Crim.P. 530.

B. The bail agency shall have all of the duties and powers specified in Pa.R.Crim.P. 530, including the authority to supervise persons released on bail pursuant to conditions established by the bail agency and approved by the court, and the authority, upon issuance of a bail piece, to apprehend and detain a defendant for the purpose of bringing the defendant before the bail authority, as provided for in Pa.R.Crim.P. 536(B).

C. The county bail agency shall, in all cases, be qualified to act as supervisory agency with respect to supervised and intensive supervised bail, and may be so designated by the court or issuing authority; but the county bail agency shall incur no financial liability by acting as supervisory agency.

D. Designation of the county bail agency as the supervisory agency in supervised and intensive supervised bail cases shall subject the defendant to the supervisory rules and regulations of that agency.

E. Designation of the county bail agency as supervisory agency shall authorize the county bail agency to charge a fee payable to Lycoming County for the performance of the supervisory obligations mandated by Pa.R.Crim.P. 530, which fee will be set from time to time by administrative order of the court.

F. Nothing in this rule shall prohibit the posting of any other type of bail allowed under Pa.R.Crim.P. 527, by other private or licensed sureties.

G. Any designation of the Lycoming County Bail Release Program as supervisory agency shall be listed on the bail bond as a condition of bail pursuant to Pa.R.Crim.P. 526.

H. Any defendant taken into custody pursuant to a bail piece issued by a judge of this court under section A of this rule shall be processed and afforded a hearing before the court in accordance with the procedure set forth in Pa.R.Crim.P. 150.

L540. Preliminary Arraignment. In advising the defendant of the right to choose counsel and of the right to be assigned counsel, the issuing authority shall specifically describe the procedure to be followed in applying for assignment of counsel and shall have public defender application forms available.

L578. Continuances. All requests for continuances shall be on forms provided by the court administrator.

L700. Sentencing Judge. The sentence on a plea of guilty or nolo contendere may be imposed by a judge other than the judge who received the plea of guilty or nolo contendere. In such event, the defendant must be so notified at the time of entering the plea.