![]() (1) when the appeal is from a mandatory sentence of imprisonment, the Court of Common Pleas judge shall dismiss the appeal, enter judgment in the Court of Common Pleas on the judgment of the Traffic Division judge, and issue a bench warrant and a commitment for the defendant. (D) If the defendant fails to appear for the trial de novo, (3) the trial judge determines that good cause exists for the law enforcement officerÂ’s unavailability and grants a continuance. (2) the defendant waives the presence of the law enforcement officer by filing a written waiver signed by the defendant and defense counsel, or the defendant if proceeding pro se, with the clerk of courts or (1) the defendant waives the presence of the law enforcement officer in open court on the record The failure of a law enforcement officer to appear and testify shall result in the dismissal of the charges unless: (C) In appeals from Traffic Division summary proceedings, the law enforcement officer who observed the alleged offense must appear and testify. When no attorney appears on behalf of the Commonwealth, the affiant may be permitted to ask questions of any witness who testifies. (B) The attorney for the Commonwealth may appear and assume charge of the prosecution. (2) In the event a negotiated plea is not approved by the court, the case shall be heard de novo by a judge of the Court of Common Pleas sitting without a jury. ![]() (1) In the event the attorney for the Commonwealth or a designee and the defendant reach a negotiated plea, the plea may be entered before a Trial Commissioner and, upon approval by a judge of the Court of Common Pleas, the negotiated sentence will be recorded. ![]() (A) When a defendant appeals after the entry of a guilty plea or a conviction in any Traffic Division summary proceeding, upon the filing of the transcript and other papers by the Traffic Division, the Court of Common Pleas may schedule a status or settlement conference prior to the de novo summary trial. Rule 1037. Appeal from Summary Conviction. Code Rule 1037. Appeal from Summary Conviction. ![]()
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