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A Motion to Dismiss in Pennsylvania Rule 587 (234 Pa. Code §587) controls motions to dismiss in Pennsylvania. It specifically describes the procedure if you argue that the charges weren't filed in a reasonable time or the charges violate double jeopardy.
When Can a Criminal Case Be Dismissed in Pennsylvania? A dismissal of your case is appropriate if either side believes charges have been filed unjustly. Many factors may contribute to unjust charges, including: Lack of probable cause for arrest.
Rule 1100 - PROMPT TRIAL - PRIORITY TO INCARCERATED DEFENDANTS A. Whenever possible, priority shall be given to the trial of cases involving defendants who have failed to make bail. B. All motions for dismissal filed pursuant to Pa.
Code § 587 - Motion for Dismissal. (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 justice.
WHAT IS A RULE 586 SETTLEMENT? A Rule 586 settlement is an agreement between the Commonwealth and a Defendant to pay a certain sum of money as restitution in return for a dismissal of the charges. In other words, you pay to make the case go away.
It means that all parties to the case (usually just a plaintiff and defendant) have mutually agreed that the case will be dismissed, and that they have additionally agreed that the dismissal is the final outcome of the matter and that the case cannot be refiled. ?Joint? = all parties. ?Stipulation? = agreement.