Rule 319. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program | Statutes | Westlaw

Rule 319. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program | Statutes | Westlaw

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Rule 319. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program

PA ST RCRP Rule 319Purdon's Pennsylvania Statutes and Consolidated StatutesRules of Criminal Procedure (Approx. 2 pages)

Rule 319. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program

PA ST RCRP Rule 319Purdon's Pennsylvania Statutes and Consolidated StatutesRules of Criminal Procedure (Approx. 2 pages)

Purdon's Pennsylvania Statutes and Consolidated Statutes
Rules of Criminal Procedure (Refs & Annos)
Chapter 3. Accelerated Rehabilitative Disposition (Ard) (Refs & Annos)
Part B. Court Cases
Pa.R.Crim.P. Rule 319
Rule 319. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program
When the defendant shall have completed satisfactorily the program prescribed and complied with its conditions, the defendant may move the court for an order dismissing the charges. This motion shall be supported by affidavit of the defendant and by certification of the agency or person charged with supervising the defendant's program, if any. A copy of the motion shall be served on the attorney for the Commonwealth who shall within 30 days after service advise the judge of any objections to the motion, serving a copy of such objections on the defendant or the defendant's attorney. If there are no objections filed within the 30-day period, the judge shall thereafter dismiss the charges against the defendant. If there are objections filed with regard to the dismissal of charges, the judge shall proceed as set forth in Rule 318.
Comment: In some counties, court agencies or the district attorney's office have procedures for initiating the dismissal of the charges upon the defendant's successful completion of the program. This rule is not intended to preclude these procedures.
For the procedures for expungement when there is a dismissal, see Rule 320.

Credits

Note: Rule 185 approved May 24, 1972, effective immediately; amended April 10, 1989, effective July 1, 1989; renumbered Rule 319 and amended March 1, 2000, effective April 1, 2001.
Rules Crim. Proc., Rule 319, 42 Pa.C.S.A., PA ST RCRP Rule 319
Current with amendments received through June 1, 2024. Some rules may be more current; see credits for details.
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