Rule 561. Withdrawal of Charges by Attorney for the Commonwealth.

 (A)  After a case is held for court, at any time before the information is filed, the attorney for the Commonwealth may withdraw one or more charges by filing notice with the clerk of courts.

 (B)  Upon the filing of the information, any charge not listed on the information shall be deemed withdrawn by the attorney for the Commonwealth.

Comment

   Court approval is not required for the withdrawal of charges prior to the filing of an information. Cf. 42 Pa.C.S. §  8932 and Rule 585 (Nolle Prosequi).

   Official Note

   Former Rule 224 adopted November 22, 1971, effective immediately; amended February 15, 1974, effective immediately; amended April 26, 1979, effective July 1, 1979; rescinded August 12, 1993, effective September 1, 1993. New Rule 224 adopted August 14, 1995, effective January 1, 1996; renumbered Rule 561 and amended March 1, 2000, effective April 1, 2001.

   Committee Explanatory Reports:

   Report explaining the August 12, 1993 rescission published at 22 Pa.B. 3826 (July 25, 1992).

   Final Report explaining the August 14, 1995 amendments published with the Court’s Order at 25 Pa.B. 3468 (August 26, 1995).

   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).



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