Commonwealth v. Ahearn

OPINION

CASTILLE, Justice.

This case presents the sole issue of whether the Commonwealth can remove a nolle prosequi and refile criminal charges against a criminal defendant when the nolle prosequi was entered on the same day that the criminal defendant pled guilty to other criminal charges resulting from a separate and unrelated criminal incident. For the reasons expressed below, we hold that the Commonwealth’s removal of such a nolle prosequi and refiling of criminal charges under the circumstances discussed herein is proper, and, therefore, we affirm the Superior Court’s affirmance of the…