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Rule 458 – Dismissal in Summary Cases Upon Satisfaction or Agreement

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) When a defendant is charged with a summary offense, the issuing authority may dismiss the case upon a showing that:

(1) the public interest will not be adversely affected;
(2) the attorney for the Commonwealth, or in cases in which no attorney for the Commonwealth is present at the summary proceeding, the affiant, consents to the dismissal;
(3) satisfaction has been made to the aggrieved person or there is an agreement that satisfaction will be made to the aggrieved person; and
(4) there is an agreement as to who shall pay the costs.
(B) When an issuing authority dismisses a case pursuant to paragraph (A), the issuing authority shall record the dismissal on the transcript.

234 Pa. Code ยง 458

Amended by Pennsylvania Bulletin, Vol 51, No. 6. February 6, 2021, effective 2/6/2021

Committee Explanatory Reports:

Final Report explaining the provisions of new Rule 88 published with the Court’s Order at 27 Pa.B. 2119 (May 3, 1997) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .