The next step in the criminal justice process is a court proceeding called the preliminary arraignment when you appear before a District Justice. You receive a copy of the criminal complaint and/or the arrest warrant with the supporting affidavits which explain the circumstances of your arrest.

At the preliminary arraignment the District Justice reads the complaint to you and informs you about the following:

1. the right to secure counsel of choice and/or the right to assigned counsel;
2. the right to have a preliminary hearing;
3. if your defense is bailable, the types of release and other conditions and procedures regarding bail which is the cash or cash equivalent which you give to a Court to ensure that you will reappear when so ordered. If you appear, the Court refunds the bail; if you do not, bail is retained and a warrant is issued for your arrest.
4. the date and time for the preliminary hearing which cannot be less than three (3) or more than ten (10) days after the preliminary arraignment.
   

The time for the preliminary arraignment usually depends on the type of crime for which you were arrested. In arrests for a felony or for some misdemeanors the preliminary arraignment is held without unnecessary delay. If you are arrested for a less serious charge the preliminary arraignment is not held until the date and time fixed for the preliminary hearing. In most misdemeanor cases, you are released after you are arrested and are given notice of the preliminary hearing with a summons mailed to your home address.

If you are arrested for a less serious offense called a summary offense a preliminary arraignment is often not required. You have to appear for a preliminary arraignment only if an arrest warrant is issued or if you are arrested without a warrant and the arresting officer finds that detention may be appropriate.

You generally do not have an attorney present at a preliminary arraignment, although if you can arrange for an attorney to be present, it can be very helpful, particularly in dealing with bail issues. York County has a central booking arrangement with a "duty" judge who sets bail. Some magisterial district judges (formerly "district justices") will not agree to modify your bail later on once it has been set. As a result, you can sometimes be stuck with a high bail possibly until the case gets to the Court of Common Pleas.

If you have a preliminary arraignment coming up, if you have time to call for an appointment, you should call attorney Joseph N. Gothie, Esq., at (717) 848-8455 for a free, no-risk consultation to discuss your case.

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