1212 Waiver of attendance at omnibus hearing

NORTHAMPTON COUNTY

Waiver of Attendance at Omnibus Hearing

[31 Pa.B. 3519]

Rule N305.102.  Waiver of Attendance at Omnibus Hearing.

   A defendant shall be present at a hearing on an omnibus pretrial motion unless excused in advance by the court. Attendance will be excused only for compelling reasons and only when defendant has executed a waiver in the following form:

WAIVER OF CONSTITUTIONAL
RIGHT TO ATTEND HEARING

I hereby certify

   1.  The charges pending against me and the maximum possible penalties therefore are:

   2.  My attorney has filed a pre-trial motion, the purpose of which is:

   3.  A hearing on the Motion will be held on:

   4.  I understand that I have a constitutional right to be present at the hearing and to confront the witnesses against me.

   5.  I understand that by not attending the hearing, I will not be able to aid my lawyer with respect to:

   a)  factual issues which may arise;

   b)  whether any witness is making an error in his testimony;

   c)  how to effectively cross-examine any Commonwealth witness.

   6.  I voluntarily give up my right to be present for the hearing.

__________
(Attorney)

__________
(Defendant)

__________
(Date)

By the Court

ROBERT A. FREEDBERG,   
President Judge

[Pa.B. Doc. No. 01-1212. Filed for public inspection July 6, 2001, 9:00 a.m.]