"Speedy Trials" in Buck County
Rule 600 of the Pennsylvania Rules of Criminal Procedure is a very important rule to always keep in the back of your mind as a Bucks County criminal defense lawyer. It is known as the "Speedy Trial" rule. The rule states a few important points:
- A trial in a court case in which a written complaint is filed against a defendant, when the defendant is incarcerated (i.e. can't get out on bail), must commence no later than 180 days from the date on which the complaint is filed.
- Trial in a court case in which a written complaint is filed and the defendant is on bail, must commence no later than 365 days from the date on which the complaint is filed.
A Rule 600 motion/challenge seeks the dismissal of charges (with prejudice) on the ground that the rule's time limits have not been met. The biggest issue is who is responsible for the delay. It is binary -- either the delay was due to the Commonwealth (the prosecutor) or the Bucks County criminal lawyer.
Calculating Time for Speedy Trial
To start calculating, the date is calculated by adding 365 days to the date on which the criminal complaint was filed in Bucks County. This is known as the mechanical or technical run date.
After the mechanical run date is modified, a new date is created after determining any delay caused by the defense. This new date, after including the defense delay, is called the adjusted run date.
An oral motion is sufficient for a motion to dismiss pursuant to Rule 600, however in Bucks County it is generally preferred (and courteous) that such a motion be filed in writing.