What happens at formal arraignment in Delaware County, and what motions follow it?

Last updated October 4, 2026.

Formal arraignment is the first court date in the Court of Common Pleas after a case is held for court. You are told the charges in the information, your right to a lawyer and your right to file pretrial motions with their deadlines (Pa.R.Crim.P. 571(C)). In Delaware County you receive notice of the arraignment date at the end of the preliminary hearing (Local Criminal Rule 571(F)), and a represented defendant can skip it by filing a signed waiver at least 14 days ahead (Local Rule 571(D)(3)). Arraignment matters because it starts the clock on the motions that shape the defense: 7 days for a bill of particulars, 14 days for a discovery motion and 30 days for the omnibus pretrial motion, including any motion to suppress evidence.

Our office is across the street from the Courthouse in Media. For an overview of our criminal practice, see our criminal defense page.

What happens at and after arraignment, step by step?

1. The information is filed. After the case is held for court, the District Attorney files the information, the formal charging document. Statewide, arraignment is to take place within 10 days after the information is filed unless a local rule or the court provides otherwise (Rule 571(A)).
2. Notice. In Delaware County, a defendant held for court receives the arraignment date at the end of the preliminary hearing (Local Rule 571(F)); our page on what happens at a preliminary hearing covers that stage.
3. Entry of appearance. Defense counsel must enter an appearance at or before arraignment court (Local Rule 120(A)(5)).
4. The arraignment. Every defendant against whom an information has been filed is arraigned before the court or its designee (Local Rule 571(E)). You are advised of the four items in Rule 571(C) and given a copy of the information if you do not have one. The court may use two-way video (571(B)).
5. Judge assignment and pretrial conference date. The case is assigned to a trial judge and a pretrial conference is scheduled; in an ARD case with a represented defendant who has signed a Rule 600 waiver, the pretrial conference is set 180 days out (Local Rule 316(c)).
6. The motion clocks start. Bill of particulars (7 days), discovery motion (14 days), omnibus pretrial motion and alibi notice (30 days).
7. Hearing and rulings. Pretrial motions are decided before trial, and trial is postponed if necessary to decide them (Rule 580).

Where each courtroom and office is located is covered in our guide to the Delaware County Courthouse for a criminal or DUI case.

What are the motion deadlines after arraignment?

What goes into the omnibus pretrial motion?

Pennsylvania requires that all pretrial requests for relief be combined in one omnibus motion unless the interests of justice require otherwise (Rule 578). The rule's comment lists the usual contents: continuance, severance or consolidation, suppression of evidence, a psychiatric examination, a motion to quash or dismiss the information, change of venue, disqualification of a judge, appointment of an investigator, a pretrial conference, transfer to juvenile court and challenges to scientific or expert evidence.

The suppression piece is often the most important. A motion to suppress evidence obtained in violation of your rights must state with particularity the evidence, the grounds and the supporting facts (Rule 581(D)). If it is not filed in time, the issue is waived (581(B)). At the hearing, the Commonwealth has the burden of going forward and of showing the evidence was lawfully obtained; you may testify without giving up your right to remain silent at trial (581(H)). The judge must state findings of fact and conclusions of law, and a denial is binding at trial except on new evidence (581(I) and (J)). In DUI cases this is where a stop, a blood draw or a breath test is challenged; see our DUI defense page.

In Delaware County, Local Criminal Rule 576(B)(5) requires an original and five copies of pretrial motions to be filed with the Office of Judicial Support, which sends copies to the Court Administrator for the trial judge and the District Attorney.

What evidence must the District Attorney turn over?

On request, the Commonwealth must disclose material items including evidence favorable to the defendant, any confession or inculpatory statement, the defendant's prior record, identification procedures and results, scientific test results and expert reports, tangible evidence such as documents and photographs, and electronic surveillance recordings (Rule 573(B)(1)). Other items, such as eyewitness names and statements, are available by court order on a showing that they are material and the request is reasonable (573(B)(2)). The rule requires the lawyers to try to resolve discovery informally first; a motion is needed only for items the other side refuses (573(A)).

Lab reports have their own path. If the DA plans to use a forensic lab report with a certification instead of the analyst's testimony, it must give notice at least 20 days before trial, and the defense then has 10 days to demand that the analyst testify (Rule 574(b) and (c)).

What changes the answer?

• Applying for ARD. The Delaware County DA requires the ARD application, the arraignment waiver and an ARD Rule 600 waiver at least 14 days before arraignment, and candidates must be fingerprinted within 30 days after the case is held for court or become ineligible (Local Rule 316(c)); see diversion for non-DUI charges.
• Not appearing. If a defendant fails to appear at arraignment or the pretrial conference, bail is revoked and a bench warrant issues (Local Rule 303(i)), and the defendant may be arraigned as a fugitive (Local Rule 571(H)); see how bail works in Pennsylvania.
• A murder charge. The Delaware County appearance waiver is not available (Local Rule 571(D)(3)).
• Late-discovered grounds. The 30-day omnibus deadline does not apply where the opportunity did not exist or the grounds were unknown (Rule 579(A)).
• Multiple cases. Notice that separate informations will be tried together is served at or before arraignment (Rule 582(B)(1)).
• Speedy trial. Waivers signed at arraignment, as in ARD, change the Rule 600 calculation; see how long a criminal case can take.

For example: a suppression motion after a traffic stop

Here is a hypothetical. A man stopped in Darby Township is charged with possession after a search of his car. At the preliminary hearing in the district court the case is held for court, and he is given an arraignment date about a month away. His lawyer enters an appearance and files the arraignment waiver at least 14 days early, so neither has to appear.

The waiver does not stop the clocks. Within 7 days of the arraignment date, the lawyer serves a request for a bill of particulars; within 14 days, after asking the DA informally for the body camera video and lab report, he files a discovery motion for what was refused; and within 30 days, he files an omnibus motion with an original and five copies, asking to suppress the search. At the suppression hearing the Commonwealth must show the search was lawful. This example is only an illustration; it does not predict any result.

What mistakes do defendants make around arraignment?

• Treating arraignment as a formality. The 30-day suppression deadline runs from it, and a late motion waives the issue (Rule 581(B)).
• Missing it without a filed waiver. Bail is revoked and a bench warrant issues (Local Rule 303(i)).
• Filing the waiver late. It must be received at least 14 days before the date.
• Waiting for discovery before filing motions. Ask for an extension for cause instead of missing the deadline (Rule 579 comment).
• Forgetting an alibi notice. Alibi evidence other than your own testimony can be excluded (Rule 567(B)).
• Ignoring a lab report notice. Without a demand within 10 days, the report comes in without the analyst (Rule 574(c)(3)).

What should I do this week?

1. Write down the arraignment date from the preliminary hearing papers.
2. Hire or confirm counsel so an appearance is entered before arraignment.
3. If ARD may apply, count back 14 days and complete fingerprinting within 30 days of being held for court.
4. Gather anything about the stop, search or statements for a possible suppression motion.
5. List possible alibi witnesses with addresses.
6. Keep every court date; nonappearance revokes bail. If you were charged only days ago, start with the first-week checklist after a criminal charge.

Frequently asked questions

Do I enter a plea at formal arraignment?

The statewide rule does not require one; arraignment advises you of the charges and rights and starts the motion periods (Rule 571). In practice a not guilty plea keeps every option open; a guilty plea in Delaware County uses the court's written plea form (Local Rule 590(D)).

Can I skip arraignment?

Only if you have a lawyer who enters an appearance and you both sign the court's waiver form, received at least 14 days before the date (Local Rule 571(D)(3); Rule 571(D)).

What if I am in jail?

The court may conduct arraignment by two-way video, and you must be allowed to speak confidentially with your lawyer before and during it (Rule 571(B)).

Can arraignment happen late in the case?

Delaware County's local rule allows arraignment at any time up to and including immediately before trial, as long as the defendant has adequate notice of the charge (Local Rule 571(G)).

How do I ask for a continuance?

In Delaware County, continuance motions are presented personally to the assigned trial judge on the court's form, after notifying opposing counsel (Local Rule 106(D)(1)).

What happened before this stage?

Booking, bail and the preliminary hearing; see what happens after an arrest in Delaware County.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation before your formal arraignment. Evening and weekend appointments are available.