Montgomery County, PA

Rule 431*(E)-(R).             Procedure when Defendant Arrested

with Warrant.

(D)      Warrants of arrest shall be issued for execution only to police

officers as defined in Rule 103 who have on file with the issuing

authority signed and dated verifications that all facts set forth in any

return of service being made by the police officer are being set forth

in each such return of service as true and correct to the best of the

police officer’s knowledge, information and belief under the

understanding that false statements therein are subject to the

penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to

authorities.

(E)      When an arrest warrant is returned where the defendant has

been found, the issuing authority shall ensure that the return of service

by the police officer confirms:

(1)      that the defendant has signed a guilty plea and has paid the

amount of fine and cost stated on the warrant; or

(2)      that the defendant has signed a not guilty plea and has paid

the full amount of collateral stated on the warrant; or

(3)      that the defendant has paid fine and cost due as specified in

          the warrant if the warrant is for collection of fine and cost after

          guilty plea or conviction.

(F)      Issuing authorities shall require all police officers as defined in

Rule 103 executing warrants of arrest as specified above to:

(1)     accept payments directly from defendants in cash, check or

money order made payable only to the issuing authority’s

magisterial district; and

(2)     forthwith submit to the magisterial district from which the

warrant of arrest issued all such payments made payable to

issuing authority’s magisterial district and so much of the cash

payments collected as are due to the Court for security or fine

and Court costs. (Authorized fees for service of warrants by

police officers paid in cash may be withheld by the police officer

so long as the required return of service has been made.)

(G)     The issuing authority at the time of issuance of an arrest warrant

shall direct that a defendant arrested on a warrant who is unable or

unwilling to enter a written plea of guilty or not guilty, or who is unable

or unwilling to pay the full amount of fine and cost, or is unable to

post the amount of collateral stated be:

(1)      held by the police officer pending the police officer’s contacting

the issuing authority either by telephone or in person to

determine whether the defendant shall be given an immediate

trial or provided a postponement; and

          (2)     given the opportunity to deposit sufficient collateral with the

police officer when applicable for appearance on the new date.

(If the issuing authority determines that a question of the

defendant’s financial ability to post sufficient collateral exists,

then the issuing authority may release the defendant from

custody pending a Pa.R.Crim.P. 456 hearing on the next

available hearing day in the issuing authority’s magisterial

district and direct the police officer to make a notation on the

warrant return released for a Rule 456 hearing by District Justice

together with the date and time the order was entered.)

(H)     No issuing authority serving on special assignment duty shall be

required to respond to any request by a police officer to process a

defendant arrested under Pa.R.Crim.P. Rule 431 unless the issuing

authority on special assignment duty issued the arrest warrant being

executed by the police officer.

(I)      The issuing authority’s warrant of arrest shall be the exclusive

form for use by a police officer to issue a receipt for fines and costs

or collateral accepted by the police officer where the defendant has

been found.

(J)      The issuing authority shall forthwith, upon receipt of a plea and

payment, recall its issued warrant(s). The issuing authority shall

thereafter confirm the timely return of the recalled warrant(s).

(K)      The issuing authority shall not authorize payment or accept a

return of service of an arrest warrant where the defendant has been

found when the return of service is:

(1)     not a carbon copy of the receipt issued to the defendant

setting forth the amount of fine and costs or collateral received

from the defendant; and

(2)     is not signed by the defendant and the police officer; or

(3)     which is not otherwise designated “released for a Rule 456

hearing by District Justice ______“ as provided for herein;

(4)     however, the issuing authority shall accept in lieu of the

defendant’s signature the police officer’s certification, “defendant

refused to sign” as full compliance with the procedures set forth

herein for return of a warrant of arrest where the defendant has

been found.

(L)      The issuing authority shall authorize and make payment of a

warrant fee for the execution of an arrest warrant when the

defendant has not been found at the time the arrest warrant is

executed and:

(1)      the police officer has provided a notice to respond to the

defendant as addressed on the warrant that includes therein:

i.      a place for the defendant’s signature; and

ii.     a place for entry of a plea of guilty or not guilty; and

iii.     a notice that all payments shall be made payable to the

Magisterial Court of the issuing authority that issued the

arrest warrant; and

iv.     a notice of the total amount due including all costs for

        service of the warrant of arrest; and

v.      the police officer has verified on return of the warrant that

the police officer attempted service on the defendant as

addressed and that the police officer left a notice to

respond described herein;

(2)      the issuing authority has received payment from the

defendant together with a signed plea;

(3)      the issuing authority shall then authorize and make payment

for service of the warrant in the same manner as the return of

service where the defendant is found.

(M)     The issuing authority shall authorize and make payment of a

nulla bono fee for the execution of an arrest warrant where the

defendant has not been found when the arrest warrant was

executed and:

(1)      the police officer has made an actual attempt at service; and

(2)      has properly completed an affidavit that the defendant was

not found as addressed on the warrant; and

(3)      the police officer leaves a notice to the defendant as addressed

on the warrant in the same manner as prescribed in section (m)

above.

(N)     Issuing authorities shall require police officers to complete

requests for payment due to police officers for all warrants of arrest

where the defendant has been found and a proper return of service

has been completed.

(0)      The issuing authority shall complete payment forms for payments

due to police officers for execution of warrants where the defendant

was not found but has responded by written plea and payment as a

result of the police officer having left notice at the defendant’s

residence.

(P)      During normal business operation of magisterial office, all requests

for payments for properly executed warrants and returns of service

which have been submitted by approved police officers or completed

by the issuing authority’s staff by noontime on Wednesday of any

work week will be paid by 4 p.m. Friday of the same work week.

(Q)     All arrest warrants issued pursuant to Pa.R.Crim.P. 431 by an

issuing authority shall be required to be returned by the police officer

to whom they were issued within ninety (90) days after the date

Issued. An issuing authority shall have the discretion to reissue any

warrants so returned for an additional sixty (60) days upon good

cause shown.