X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
� 1 Appellant, the Commonwealth of Pennsylvania, asks us to determine whether the trial court properly denied its motion to amend a criminal information. Specifically, we must decide whether a trial court may deny a motion to amend a criminal information where the defendant was on notice that the Commonwealth intended to bring the charges, but the Commonwealth repeatedly failed to make a prima facie case regarding those charges. We must also determine whether the trial court employed the proper standard in denying the Commonwealth’s second motion to amend.

� 2 We hold that the trial court properly denied the Commonwealth’s second motion to amend its first criminal complaint where the Commonwealth repeatedly attempted to refile and/or amend its complaint to add charges that had been previously dismissed for continued failure to make a prima facie case. In addition, we hold that the trial court applied the proper standard under Pa.R.Crim.P. 229 and relevant case law to deny the Commonwealth’s second motion to amend. Accordingly, we affirm.

� 3 The trial court set out the relevant facts and procedural history as follows:

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

Wisniewski & Associates, LLC seeks attorney licensed in NJ and NY with 2-5 years experience for its multi-state real estate, land use, ...


Apply Now ›

Labor Relations CounselUS-GA-AtlantaJob ID: 2024-0042Type: 4 (Exempt, Bargaining Unit 1 (EB)# of Openings: 1Category: Contract Administratio...


Apply Now ›

ASSISTANT FEDERAL PUBLIC DEFENDERS Two posi...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›