Commonwealth v. Scott

SPAETH, Judge:

This is an appeal from an order denying a motion for dismissal of charges following appellant’s rearrest; after appellant’s first arrest, the same charges had been dismissed. Appellant argues that dismissal was required by Rule 141(d) of the Pennsylvania Rules of Criminal Procedure, as it read before its recent amendment, 1 because the cost of the first prosecution had not been paid. The issue before us is whether Rule 141(d) required such cost to be paid prior to any second prosecution or only in cases where the first prosecution had been found to have been without probable…