by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
When a defendant is charged with an offense which is not alleged to have been committed by force or violence or threat thereof, the court may order the case to be dismissed upon motion and a showing that:(1) the public interest will not be adversely affected; and(2)...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) Upon motion of the attorney for the Commonwealth, the court may, in open court, order a nolle prosequi of one or more charges notwithstanding the objection of any person.(B) Upon a nolle prosequi, costs may be imposed as the court may direct.234 Pa. Code §...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) All motions for change of venue or for change of venire shall be made to the court in which the case is currently pending. Venue or venire may be changed by that court when it is determined after hearing that a fair and impartial trial cannot otherwise be had in...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
The court may order separate trials of offenses or defendants, or provide other appropriate relief, if it appears that any party may be prejudiced by offenses or defendants being tried together.234 Pa. Code § 583Committee Explanatory Reports:Final Report explaining...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) STANDARDS (1) Offenses charged in separate indictments or informations may be tried together if: (a) the evidence of each of the offenses would be admissible in a separate trial for the other and is capable of separation by the jury so that there is no danger of...
by admin | May 14, 2021 | Criminal Procedure, Pennsylvania
(A) The defendant’s attorney, or the defendent if unrepresented, may make a motion to the court to suppress any evidence alleged to have been obtained in violation of the defendant’s rights.(B) Unless the opportunity did not previously exist, or the...
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