The wheels of justice turn slowly. An old saying that we who practice in the criminal defense field think about weekly – if not daily. Even though the slow crawl that criminal cases sometimes take is to be expected at times, it is important to understand that as an individual charged with a crime in the state of Pennsylvania, you have a right to a prompt trial and resolution to your case.
First, it must be noted that the prompt trial rule or “Rule 600” is different than the statute of limitations. The statute of limitations is the amount of time that the government has to CHARGE an individual with a crime or forever be barred from doing so. Rule 600 and the prompt trial requirements instead deal with the amount of time the government has to prosecute a person once they have been charged.
There are two main portions of Rule 600. First, that the government has 365 days to commence trial once charges have been brought. If they do not do that, a motion must be filed by the defense and the charges will be dismissed with prejudice if a violation of this time limit has been found by the Court. Second, no person may be held in custody on bail for longer than 180 from the commencement of the prosecution. If this occurs the defense must file a motion and if a violation is found by the Court the defendant will be placed on nominal bail.
Obviously, this is subject to limitations and the unique circumstances of each case dictate the strength of a Rule 600 motion. For example, one of the main limitations is that time extensions requested by the defense or not attributable to the prosecution are not counted in the 365 or 180 day time period – among other things.
If you or a loved one believe that you may have a prompt trial issue or if you have been charged with a criminal offense at all, contact Michael D. DiCindio, Esq. at DiCindio Law, LLC for all of your criminal needs and begin preparing your defense today.
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes to the law that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments or the most complete legal issues for all cases These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.
Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale