by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) In all cases in which the defendant was under the age of 18 at the time of the commission of the alleged offense and charged with one of the offenses excluded from the definition of “delinquent act” in paragraphs (2)(i), (2)(ii), and (2)(iii) of 42...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) At any time before the imposition of sentence, the court may, in its discretion, permit, upon motion of the defendant, or direct, sua sponte, the withdrawal of a plea of guilty or nolo contendere and the substitution of a plea of not guilty.(B) When a defendant...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) GENERALLY. (1) Pleas shall be taken in open court.(2) A defendant may plead not guilty, guilty, or, with the consent of the judge, nolo contendere. If the defendant refuses to plead, the judge shall enter a plea of not guilty on the defendant’s behalf.(3)...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) In any case in which a summary offense is joined with a misdemeanor, felony, or murder charge, and therefore is part of the court case, when there is a dismissal of all misdemeanor, felony, and murder charges, unless the Commonwealth appeals the disposition, the...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) A person aggrieved by a search and seizure, whether or not executed pursuant to a warrant, may move for the return of the property on the ground that he or she is entitled to lawful possession thereof. Such motion shall be filed in the court of common pleas for...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A)Untimely Filing of Information.(1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of...
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