Section 336. Re-Filing of the Petition After Withdrawal or Dismissal

A. Re-filing. The attorney for the Commonwealth may re-file a petition after the petition has been withdrawn pursuant to Rule 335 or dismissed by the court.

B. Motion for dismissal. The court may entertain a motion by the juvenile to dismiss the re-filed petition.

Comment

A juvenile may be rearrested after the allegations have been dismissed prior to jeopardy attaching if the statute of limitations has not expired. Cf. Commonwealth v. Revtai, 532 A.2d 1 (Pa. 1987). The petition should be dismissed upon a finding that the attorney for the Commonwealth acted to harass the juvenile, the offenses are beyond the statute of limitations, or there is some other prejudice to the juvenile. See Commonwealth v. Chermansky, 552 A.2d 1128 (Pa. Super. Ct. 1989). See also Commonwealth v. Thorpe, 701 A.2d 488 (Pa. 1997).

If a petition is re-filed, the procedures of Rule 330 are to be followed. It may be necessary to have a detention hearing under the procedures of Rule 240(C).

Official Note

Rule 336 adopted April 1, 2005, effective October 1, 2005.