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Rule 546 – Dismissal Upon Satisfaction or Agreement

May 14, 2021 | Criminal Procedure, Pennsylvania

When a defendant is charged in a case in which the most serious offense charged is a misdemeanor, 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 there is no attorney for the Commonwealth present, 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.

234 Pa. Code ยง 546

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

Committee Explanatory Reports:

Final Report explaining the April 18, 1997 amendments aligning the rule with Rule 458 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) .

Final Report explaining the March 3, 2006 amendments to the first paragraph and the Comment published with the Court’s Order at 36 Pa.B. 1392 (March 25, 2006) .