Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES
Part D - Proceedings in Court Cases Before Issuing Authorities
Rule 544 - Reinstituting Charges Following Withdrawal or Dismissal

Universal Citation: 234 PA Code ยง 544

Current through Register Vol. 54, No. 38, September 21, 2024

(A) When charges are dismissed or withdrawn at, or prior to, a preliminary hearing, or when a grand jury declines to indict and the complaint is dismissed, the attorney for the Commonwealth may reinstitute the charges by approving, in writing, the re-filing of a complaint with the issuing authority who dismissed or permitted the withdrawal of the charges.

(B) Following the re-filing of a complaint pursuant to paragraph (A), if the attorney for the Commonwealth determines that the preliminary hearing should be conducted by a different issuing authority, the attorney shall file a Rule 132 motion with the clerk of courts requesting that the president judge, or a judge designated by the president judge, assign a different issuing authority to conduct the preliminary hearing. The motion shall set forth the reasons for requesting a different issuing authority.

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