Section 395. Procedure to Initiate Criminal Information

After the court orders the case transferred pursuant to Rule 394, these Rules no longer apply and the case shall be governed by the Pennsylvania Rules of Criminal Procedure. The attorney for the Commonwealth may file an information in accordance with Pa.R.Crim.P. 565.

Comment

The transfer hearing serves as the preliminary hearing, therefore, the attorney for the Commonwealth may file the criminal information after the issuance of the transfer order. See Pa.R.Crim.P. 565 for presentation of an information without the preliminary hearing.

For any procedural questions concerning a juvenile whom has been transferred to criminal proceedings, see the Pennsylvania Rules of Criminal Procedure.

Official Note

Rule 395 adopted April 1, 2005, effective October 1, 2005.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 395 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).