A Terroristic Divorce

What occurred on the day of the arraignment had absolutely no resemblance to the proceeding described in Rule 571.

I watched as the well over 100 people scheduled for simultaneous arraignment at 9:30 AM on June 10, 2015 were ushered single file into a room whereupon they were coerced under threat of IMMEDIATE ARREST to sign a Waiver of Arraignment.

I am here. I AM AT THE ARRAIGNMENT. The entire purpose of the arraignment is to make certain a defendant in a criminal case is properly informed of the charges against him and his rights and applicable laws.

Why would I waive arraignment when this case needs to be arraigned.

There was NO DISCUSSION OF THE RIGHT TO BE REPRESENTED BY COUNSEL.
There was NO EXPLANATION OF THE NATURE OF THE CHARGES.
There was NO ‘INFORMATION’PROVIDED NOR FILED.
There was NO INDICATION OF THE TIME LIMITS FOR FILING MOTIONS.
There was NO COPY OF THE ‘INFORMATION’ PURSUANT FOR RULE 562

Rule 571(D) fails to address where a defendant is not represented by counsel.

Where any defendant represented by counsel must understand the nature of the charges; must understands the rights and requirements contained in 571(C) before being permitted to waives the right to appear for arraignment which must be signed by defendant and attorney.

The unrepresented defendant is coerced to sign a Waiver of Arraignment under threat of immediate Arrest.
– where the information has not been filed, SIGN THE WAIVER OR BE ARRESTED.
– where there has been no discussion of the right to be represented by counsel, SIGN THE WAIVER OR BE ARRESTED.
– where the charges indicated on the paperwork “see Transcript” and a transcript has not been provided, SIGN THE WAIVER OR BE ARRESTED.
– where the Court is without jurisdiction to conduct an arraignment, SIGN THE WAIVER OR BE ARRESTED.

Where a Statement has been filed indicating the Challenge to Jurisdiction and the failure to provide the information regarding the charges and the failure of the Court to follow the procedures defined in the RULES OF CRIMINAL PROCEDURE.

Where the person who has indicated SIGN THE WAIVER OR BE ARRESTED, is neither a lawyer; nor a judge; nor able to take any corrective action to address any failure; cannot inform the defendant of the charges; cannot discuss his rights within the context of the situation WHICH IS THE INTENDED PURPOSE OF THE ARRAIGNMENT.

YOU SIGN THE WAIVER OR BE ARRESTED or BE ARRESTED FOR NOT SIGNING THE WAIVER.

I had already filed my Statement in anticipation of a failure to be heard, my waiver indicates each of the failures to follow procedure and law which demonstrates the lack of jurisdiction for any proceedings before the Court.

There was NO OPPORTUNITY TO ADDRESS OR RESOLVE ANY ISSUE.

Had I opted for the BE ARRESTED, there was no guarantee of any timely appearance before any judge,.

The NOTICE OF ARRAIGNMENT was pointless. There was no arraignment. No issues addressed. Nothing was accomplished. EXCEPT I SIGNED A WAIVER SO THAT I WOULD NOT BE ARRESTED.

The determined inability and refusal to address the lawlessness within their system while ENFORCEMENT ACTIONS are performed without any verification of jurisdiction threatens the lives, liberty and freedom of every person.

As has been demonstrated in the Civil and Family Courts once an injustice occurs the effort required under Rule 1.6 Confidentiality and Nondisclosure will undermine the protection of the Rule of Law and usurp every right protected by the US Constitution leaving the litigant with no recourse, no relief, no future.

Where the injustice can occur by the failure of a Magisterial District Judge; or by a clerk whose single minded focus and motivation is to coerce unrepresented defendants to SIGN THE WAIVER OR BE ARRESTED.

The Law and Constitution undone by someone who has nothing to lose and who is placing your liberty and freedom in the balance without any comprehension of the ramifications of the actions which they are coercing under extreme duress because SIGN THE WAIVER OR BE ARRESTED has a line out the doorway up two flights of stairs and down the hall.

Laws? Constitution? She doesn’t have time for that.

Rule 571. Arraignment.

(A) Except as otherwise provided in paragraph (D), arraignment shall be in such form and manner as provided by local court rule. Notice of arraignment shall be given to the defendant as provided in Rule 114 or by first class mail. Unless otherwise provided by local court rule, or postponed by the court for cause shown, arraignment shall take place no later than 10 days after the information has been filed.

(B) In the discretion of the court, the arraignment of the defendant may be conducted by using two-way simultaneous audio-visual communication. When the counsel for the defendant is present, the defendant must be permitted to communicate fully and confidentially with defense counsel immediately prior to and
during the arraignment.

(C) At arraignment, the defendant shall be advised:
(1) of the right to be represented by counsel;
(2) of the nature of the charges contained in the information;
(3) of the right to file motions, including a Request for a Bill of Particulars, Motion for Pretrial Discovery and Inspection, a Motion Requesting Transfer from Criminal Proceedings to Juvenile Proceedings Pursuant to 42 Pa.C.S. § 6322, and an Omnibus Pretrial Motion, and the time limits within which the motions must be filed; and.
(4) if the defendant fails to appear without cause at any proceeding for which the defendant’s presence is required, including trial, that the defendant’s absence may be deemed a waiver of the right to be present, and the proceeding may be conducted in the defendant’s absence.

If the defendant or counsel has not received a copy of the information(s) pursuant to Rule 562, a copy thereof shall be provided.

(D) A defendant may waive appearance at arraignment if the following
requirements are met:
(1) the defendant is represented by counsel of record and counsel concurs
in the waiver; and
(2) the defendant and counsel sign and file with the clerk of courts a
waiver of appearance at arraignment that acknowledges the defendant:
(a) understands the nature of the charges;
(b) understands the rights and requirements contained in paragraph (C)
of this rule; and
(c) waives his or her right to appear for arraignment.

Comment
The main purposes of arraignment are: to ensure that the defendant is advised of the charges; to
have counsel enter an appearance, or if the defendant has no counsel, to consider the defendant’s right
to counsel; and to commence the period of time within which to initiate pretrial discovery and to file
other motions. Although the specific form of the arraignment is not prescribed by this rule, judicial
districts are required to ensure that the purposes of arraignments are accomplished in all court cases.
Concerning the waiver of counsel, see Rule 121.
Nothing in this rule is intended to preclude judicial districts from providing written notice of the
arraignment to the defendant at the conclusion of the preliminary hearing when a case is held for
court. See Rule 543.
Under paragraph (A), in addition to other instances of ‘‘cause shown’’ for delaying the arraignment,
the arraignment may be delayed when the defendant is unavailable for arraignment within the 10-day
period after the information is filed.
Within the meaning of paragraph (B), counsel is present when physically with the defendant or
with the judicial officer presiding over the arraignment.
Under paragraph (B), the court has discretion to order that a defendant appear in person for the
arraignment.
Under paragraph (B), two-way simultaneous audio-visual communication is a form of advanced
communication technology.
Paragraph (C)(4) requires that the defendant be advised of the consequences of failing to appear
for any court proceeding. See Rule 602 concerning a defendant’s failure to appear for trial; see also
Commonwealth v. Bond, 693 A.2d 220, 223 (Pa. Super. 1997) (‘‘[A] defendant who is unaware of the
charges against him, unaware of the establishment of his trial date or is absent involuntarily is not
absent ‘without cause.’’’).
Paragraph (D) is intended to facilitate, for defendants represented by counsel, waiver of appearance
at arraignment through procedures such as arraignment by mail. For the procedures to provide notice
of court proceedings requiring the defendant’s presence, see Rule 114.
See Rule 596 for the procedures for requesting transfer from criminal proceedings to juvenile proceedings
pursuant to 42 Pa.C.S. § 6322 in cases in which the defendant was under the age of 18 at
the time of the commission of the alleged offense and charged with one of the offenses excluded from
the definition of ‘‘delinquent act’’ in paragraphs (2)(i), (2)(ii), and (2)(iii) of 42 Pa.C.S. § 6302. See
also Rules 595 (mandatory status conference), 597 (procedures when motion filed), and 598 (place of
detention).
Official Note: Formerly Rule 317, adopted June 30, 1964, effective January 1, 1965; paragraph
(b) amended November 22, 1971, effective immediately; paragraphs (a) and (b) amended
and paragraph (e) deleted November 29, 1972, effective 10 days hence; paragraphs (a) and (c)
amended February 15, 1974, effective immediately. Rule 317 renumbered Rule 303 and
PRETRIAL PROCEDURES IN COURT CASES 234 Rule 571
5-93
(366963) No. 465 Aug. 13
amended June 29, 1977, amended and paragraphs (c) and (d) deleted October 21, 1977, and
amended November 22, 1977, all effective as to cases in which the indictment or information is
filed on or after January 1, 1978; Comment revised January 28, 1983, effective July 1, 1983;
amended October 21, 1983, effective January 1, 1984; amended August 12, 1993, effective September
1, 1993; rescinded May 1, 1995, effective July 1, 1995, and replaced by new Rule 303.
New Rule 303 adopted May 1, 1995, effective July 1, 1995; renumbered Rule 571 and amended
March 1, 2000, effective April 1, 2001; amended November 17, 2000, effective January 1, 2001;
amended May 10, 2002, effective September 1, 2002; amended March 3, 2004, effective July 1,
2004; amended August 24, 2004, effective August 1, 2005; amended May 1, 2007, effective
September 4, 2007, and May 1, 2007 Order amended May 15, 2007; amended July 31, 2012,
effective November 1, 2012; amended May 2, 2013, effective June 1, 2013.
Committee Explanatory Reports:
Report explaining the August 12, 1993 amendments published at 22 Pa.B. 3826 (July 25, 1992).
Final Report explaining the May 1, 1995 changes published with the Court’s Order at 25 Pa.B.
1944 (May 20, 1995).
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published
with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).
Final Report explaining the November 17, 2000 amendments concerning a defendant’s waiver of
appearance at arraignment published with the Court’s Order at 30 Pa.B. 6184 (December 2, 2000).
Final Report explaining the May 10, 2002 amendments concerning advanced communication technology
published with the Court’s Order at 32 Pa.B. 2591 (May 25, 2002).
Final Report explaining the March 3, 2004 amendments updating the cross-references correlative
to the March 3, 2004 changes to the motions rules published with the Court’s Order at 34 Pa.B. 1561
(March 20, 2004).
Final Report explaining the August 24, 2004 addition of paragraph (E) and the correlative Comment
provisions published with the Court’s Order at 34 Pa.B. 5025 (September 11, 2004).
Final Report explaining the May 1, 2007 deletion of paragraph (E) and the correlative Comment
provisions published with the Court’s Order at 37 Pa.B. 2503 (June 2, 2007).
Final Report explaining the July 31, 2012 amendments concerning requests for transfer from
criminal proceedings to juvenile proceedings published with the Court’s Order at 42 Pa.B. 5340
(August 18, 2012).
Final Report explaining the May 2, 2013 amendments concerning notice of consequences of failing
to appear published the Court’s Order at 43 Pa.B. 2710 (May 18, 2013).
Source
The provisions of this Rule 571 amended November 17, 2000, effective January 1, 2001, 30 Pa.B.
6183; amended May 10, 2002, effective September 1, 2002, 32 Pa.B. 2582; amended March 3, 2004,
effective July 1, 2004, 34 Pa.B. 1547; amended August 24, 2004, effective August 1, 2005, 34 Pa.B.
5016; amended May 1, 2007, effective September 4, 2007, 37 Pa.B. 2496; amended July 31, 2012,
effective November 1, 2012, 42 Pa.B. 5333; amended May 2, 2013, effective June 1, 2013, 43 Pa.B.
2704. Immediately preceding text appears at serial pages (363584) to (363586)