Rule 5 Initial Appearance
Rule Text
(a) In General. An officer making an arrest under a warrant issued upon a complaint or any person making an arrest without a warrant shall take the arrested person without unnecessary delay before the nearest available judge of the Commonwealth Superior Court. If a person arrested without a warrant is brought before a judge, a complaint shall be filed forthwith which shall comply with the requirements of Rule 4(a) with respect to the showing of probable cause. When a person, arrested with or without a warrant or given a summons, appears initially before the judge, that judge shall proceed in accordance with the applicable subdivision of this rule.
(b) Vacant.
(c) Notification of Rj~bts. The defendant shall not be called upon to plead. The judge shall inform the defendant of the complaint against him and of any affidavit filed therewith, of his right to retain counsel, of his right to request the assignment of counsel if he is unable to obtain counsel, and of the general circumstances under which he may secure pretrial release. He shall inform the defendant that he/she is not required to make a statement and that any statement made by him/her may be used against him/her. He shall allow the defendant reasonable time and opponunity to consult counsel and shall admit the defendant to bail as provided by statute or in these rules. The defendant shall also be advised of his/her right to a preliminary examination.
Rule 5.1 PRELIMINARY EXAMINATION A defendant is entitled to a preliminary examination, unless waived, if he/she is substantially deprived of his/her liberty. If the defendant waives preliminary examination, the judge shall forthwith hold him/her to answer. If the defendant does not waive the preliminary examination, the judge shall schedule a preliminary examination. Such examination shall be held within a reasonable time but in any event not later than ten ( 10) days following the initial appearance. With the consent of the defendant and upon a showing of good cause, taking into account the public interest in the prompt disposition of criminal cases, time limits, specified in this subdivision may be extended one or more times by a judge. In the absence of such consent by the defendant, time limits may be extended by a judge only upon a showing that extraordinary circumstances exist and that delay is indispensable to the interests of justice.
On timely application the defendant may be given the opportunity to have the recording of the hearing made available to him/her on such conditions as the judge may order.
III. THE INFORMATION