Section 586. Court Dismissal Upon Satisfaction or Agreement

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) the attorney for the Commonwealth consents to the dismissal; and

(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.

Comment

This rule applies only to courts of common pleas. Neither justices of the peace, magisterial district judges, Philadelphia Municipal Court judges, nor any other issuing authority may dismiss a case under this rule, but rather only as provided in Rule 546.

This rule sets forth concisely the criteria a defendant must satisfy before the court has the discretion to order dismissal under this rule.

If a summary offense is joined with a misdemeanor, felony, or murder charge, and therefore is part of the court case, a dismissal of the case pursuant to this rule may include a dismissal of the summary offense. See the Comment to Rule 502 (Instituting Proceedings in Court Cases).

Official Note

Rule 315 adopted June 30, 1964, effective January 1, 1965; amended September 18, 1973, effective January 1, 1974; renumbered Rule 314 and amended June 29, 1977 and November 22, 1977, effective as to cases in which the indictment or information is filed on or after January 1, 1978; amended January 28, 1983, effective July 1, 1983; renumbered Rule 586 and amended March 1, 2000, effective April 1, 2001; Comment revised March 9, 2006, effective September 1, 2006.

Committee Explanatory Reports:

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 Comment revision concerning joinder of summary offenses with misdemeanor, felony, or murder charges published with the Court’s Order at 36 Pa.B. 1392 (March 25, 2006).

The provisions of this Rule 586 amended March 9, 2006, effective September 1, 2006, 36 Pa.B. 1390. Immediately preceding text appears at serial page (303690).