Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES
Part B(1) - Complaint Procedures
Rule 507 - Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth-Local Option

(A) The district attorney of any county may require that criminal complaints, arrest warrant affidavits, or both filed in the county by police officers, as defined in these rules, have the approval of an attorney for the Commonwealth prior to filing.

(B) If the district attorney elects to proceed under paragraph (A), the district attorney shall file a certification with the court of common pleas, which certification shall state whether prior approval of police complaints, or arrest warrant affidavits, or both shall be required, shall specify which offenses or grades of offenses shall require such prior approval, and shall also specify the date such procedure is to become effective. The court of common pleas shall thereupon promulgate a local rule in the following form, setting forth the offenses or grades of offenses specified in the certification and stating whether prior approval of police complaints, arrest warrant affidavits, or both shall be required:

RULE . APPROVAL OF POLICE (COMPLAINTS)

(ARREST WARRANT AFFIDAVITS)

(COMPLAINTS AND ARREST WARRANT AFFIDAVITS)

BY ATTORNEY FOR THE COMMONWEALTH.

The District Attorney of County having filed a certification pursuant to Pa.R.Crim.P. 507, (criminal complaints) (arrest warrant affidavits) (criminal complaints and arrest warrant affidavits) by police officers, as defined in the Rules of Criminal Procedure, charging

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shall not hereafter be accepted by any judicial officer unless the (complaint) (affidavit) (complaint and affidavit) has the approval of an attorney for the Commonwealth prior to filing.

(C) If an attorney for the Commonwealth disapproves a police complaint, arrest warrant affidavit, or both, the attorney shall furnish to the police officer who prepared the complaint, affidavit, or both a written notice of the disapproval, in substantially the following form, and the attorney shall maintain a record of the written notice.

D. A. File Number ____________

COMMONWEALTH OF PENNSYLVANIA

____________ COUNTY

NOTICE AND RECORD OF DISAPPROVAL

SUMMARY OF FACTS AND PROBABLE CAUSE

______________________________________

______________________________________

CLEAN/NCIC check reveals no outstanding warrants.

Date: ____________ Source of Information: ____________

REASON(S) FOR DISAPPROVAL

(Please check appropriate reason)

Other: ______________________________________

______________________________________

DISAPPROVED BY: _________________________

ATTORNEY FOR COMMONWEALTH

DATE: ____________

(D) No defendant shall have the right to relief based solely upon a violation of this rule.