The Pennsylvania Rules of Criminal Procedure Rule 600 considers the issue of speedy trials, and places a limit on when the Commonwealth can prosecute prior to dismissal for violation of your right to a speedy trial.
Right to a Speedy Trial:
The Sixth Amendment enumerates rights in criminal procedure, including the right to a speedy trial (and this right was imposed upon the Commonwealth through the Fourteenth Amendment). The speedy trial provision means that a person, who is accused of a crime and filed against in court, has a right to a quick adjudication. The speed that is required does depend in part on the crime committed and other factors.
- Length of delay- the passing of more than 365 days from the date of the indictment raises a presumption of prejudice
- Reason for the delay- the reason for the government’s delay on the trial is to be taken into account
- Time and manner which the defendant asserted his right to a speedy trial- the defendant has the burden of challenging the violation
- The degree of negative effect the delay has had on the defendant and his case
Pennsylvania’s Rule 600
The Commonwealth largely follows the federal right to a speedy trial. The right is addressed by Rule 600. The Rule provides that a defendant is entitled to have trial within 180 days, if he or she is incarcerated, or within 365 days if the person is on bail. If the person is facing a new trial because of an appeal or a defect in the previous trial, then the count of days is 120. The date the time begins to run is the day the complaint is filed by the prosecution. If the case was transferred from juvenile court then the date to begin counting is the date of transfer.
Certain time is excluded from the count of days:
- The period between filing the complaint and actually apprehending the defendant if the defendant could not be found
- Any period in which the defendant waives his right to a speedy trial
- Any period in which delay is caused by unavailability of the defendant or the defendant’s attorney
- Any period of time that was given due to a motion filed by the defendant’s attorney
The count of days ends on the day which the defendant pleads guilty/nolo contendere, or when the judge calls the case to trial.
When the count of days exceeds 365, the defendant may apply to the court to have the charges dismissed with prejudice. This will precipitate a hearing in court.
The court looks at whether the Commonwealth was diligent in its preparation for trial. If the court finds that the delay was beyond the Commonwealth’s control and that the defendant has not been prejudiced, then a trial date will be set and the case will proceed to trial.
If the court determines that the Commonwealth was not diligent in attempting to prepare for trial or that the Commonwealth was purposefully delaying in order to prejudice the defendant, then the court will dismiss all charges and let the defendant go free.
If you or someone you know, is facing a criminal charge and you feel there may be a violation of your constitutional right to a speedy trial, you should contact your attorney. You should not wait until appeal to address this violation. If you are unrepresented, contact us for more information and to discuss a possible violation.