Speedy Trial: When Can I get my Case Dismissed?
Rule 600 of the Pennsylvania Rules of Criminal Procedure was recently amended. This rule codified the state and federal constitutional provisions that ensure a criminal defendant the right to a speedy trial. Under this rule, the Commonwealth is required to bring a defendant to trial within a specific amount of time, which varies depending in large part on whether the defendant is incarcerated. If the Commonwealth fails to bring the case to trial within the appropriate time frame, the defendant can file a motion and ask the court to dismiss, with prejudice, the charges against him/her.
When must a case be brought to trial if the defendant is incarcerated?
Generally, when the defendant is incarcerated on that case, the Commonwealth has 180 days from the date the written criminal complaint was filed to commence trial. Trial commences when the judge calls the case to trial, or when the defendant enters a plea. If 180 days have passed, the defendant may file a motion to be released on nominal bail.
However, if the defendant was charged with a crime which does not allow the defendant to be released on bail, the trial is not required to begin within 180 days, and the defendant may not file a motion to be released on nominal bail. For example, a defendant charged with a capital crime, such as first degree murder, is not entitled to bail. Therefore, the trial must begin within 365 days of the date the criminal complaint was filed.
When must a case be brought to trial if the defendant is free on bail?
Generally, trial must commence within 365 days from the date the criminal complaint was filed.
How is time calculated for Rule 600 purposes?
Generally, if the defendant is not incarcerated, any delay caused by the Commonwealth, when the Commonwealth fails to exercise due diligence, shall be included in the computation of time within which a trial shall commence. All other delays shall be excluded.
Generally, if the defendant is incarcerated, only those delays caused by the defendant will be excluded from the computation of time. All other delays will be included.
The full text of the rule, which became effective on July 1, 2013 can be read here.