Rule 5. Appearance before the committing magistrate

(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 reasonable delay before the nearest

available committing magistrate of the county in which the offense is alleged to have been committed or

such other committing magistrate as provided by the warrant or by statute, court rule or administrative

order. If a person arrested without a warrant is brought before a committing magistrate, 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 committing magistrate, the committing magistrate shall proceed in accordance with the

applicable subdivisions of this rule.

(b) Offenses triable by the committing magistrate. If the charge against the defendant is triable by the

committing magistrate, the committing magistrate may, with the consent of the attorney general, proceed

to try or otherwise dispose of the charge in accordance with the rules of procedure of the committing

magistrate’s court.

(c) Offenses not triable by the committing magistrate.

(1) If the committing magistrate does not try or otherwise dispose of the charge against the defendant

under subdivision (b) of this rule, the defendant shall not be called upon to plead. The committing

magistrate shall inform the defendant of the complaint against the defendant and of any affidavit filed

therewith, of the defendant’s right to retain counsel or to request the assignment of counsel if the

defendant is unable to obtain counsel, and of the general circumstances under which the defendant

may secure pretrial release. The committing magistrate shall inform the defendant that the defendant

is not required to make a statement and that any statement made by the defendant may be used against

the defendant

defendant’s right to retain counsel or to request the assignment of counsel if the

defendant is unable to obtain counsel, and of the general circumstances under which the defendant

may secure pretrial release. The committing magistrate shall inform the defendant that the defendant

is not required to make a statement and that any statement made by the defendant may be used against

the defendant. The committing magistrate shall also inform the defendant of the right to a preliminary

examination. The committing magistrate shall allow the defendant reasonable time and opportunity to

consult counsel and shall detain or conditionally release the defendant as provided by statute or in

these rules.

(2) If the defendant is before the Court of Common Pleas on offenses not triable and there are other

charges that arise from a separate incident, which are to be brought against the defendant which are

not triable, the Attorney General with the consent of the Court, may cause those offenses to be

brought and the Judge of the Court shall proceed as a committing magistrate in accordance with these

rules.

(d) Scheduling preliminary examination. A defendant is entitled to a preliminary examination, unless

waived, when charged with any offense that is within the exclusive jurisdiction of, or that the attorney

general chooses to prosecute in, Superior Court. If the defendant waives preliminary examination, the

committing magistrate shall forthwith hold the defendant to answer in Superior Court. If the defendant

does not waive the preliminary examination, the committing magistrate shall schedule a preliminary

examination. When the initial appearance is before a justice of the peace, the preliminary examination

shall be held in the Court of Common Pleas if the defendant is an adult

ry examination, the

committing magistrate shall forthwith hold the defendant to answer in Superior Court. If the defendant

does not waive the preliminary examination, the committing magistrate shall schedule a preliminary

examination. When the initial appearance is before a justice of the peace, the preliminary examination

shall be held in the Court of Common Pleas if the defendant is an adult. Such examination shall be held

within a reasonable time, but in any event not later than 10 days following the initial appearance if the

defendant is in custody and no later than 20 days if the defendant is not in custody, provided, however,

that the preliminary examination shall not be held if the defendant is indicted or if an information against

the defendant is filed in Superior Court before the date set for the preliminary examination. 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. In the absence of such consent by the defendant, time limits may be extended only upon a

showing that extraordinary circumstances exist and that delay is indispensable to the interests of justice.