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Rule 130*(e). Release Prior to Preliminary Arraignment.

When an arresting officer deems it appropriate, he may promptly release from custody a defendant who has been arrested without a warrant, rather than taking the defendant before the issuing authority, when the following conditions have been met:

(1) The most serious offense charged is a misdemeanor of the second degree;

(2) The defendant is a resident of the Commonwealth;

(3) The defendant poses no threat of immediate physical harm to any other person or to himself or herself;

(4) The arresting officer has reasonable grounds to believe that the defendant will appear as required; and

(5) The defendant does not demand to be taken before an issuing authority.