Excludable Time For Rule 600 Motions

Rule 600 motions are motions to dismiss based on speedy trial issues.  We blogged about the rule previously and today we are discussing when the time counts against you -- meaning, when there is time that is ruled excludable in determining the "adjusted run date".  

If there is a period of delay that resulted from filing and litigating pretrial motions for relief, that time is excludable.  

The main reason why time is ruled excludable is if the defense attorney from Bucks County requests a continuance for a variety of reasons.  Some examples of continuances include additional time for investigation, unavailability of defense witnesses, and additional time necessary for application to pre-trial diversionary program.  Sometimes, time is ruled excludable if the defendant fails to show up to court and the matter must be continued.  

If a person is on ARD and violates ARD and is removed from the program, a new trial period commences pursuant to Rule 318.  Moreover, when a person is admitted into ARD in Bucks County, they explicitly waive their Rule 600 rights in the document they sign with the ARD program.  

Judicial delay may also be excludable time -- meaning, for example, a judge who will hear the case gets sick, is in a lengthy trial, etc, then that time may also allow for the adjusted run date to be extended.  

If a case starts in criminal court and is later transferred to juvenile court, it is not established that the juvenile will prevail on a Rule 600 Motion if they are counting the time that a case is pending in juvenile court.  

A juvenile should have their Bucks County juvenile defense lawyer look at their dockets to find out where the timeline of the juvenile's case.  The lawyer should be aware of the 1981 case Commonwealth v. Mitchell, where a case bounced from criminal court, to juvenile court, and back to criminal court (it was certified to adult court).  In this case, the defendant's lawyer filed a Rule 600 motion for speedy trial purposes. The court, in this case, did not count the period of time the case was in juvenile court and ruled that time excludable in counting the days of the case.   

"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.  

Part I covered the initial background on consensual searches in Pennsylvania and Bucks County.  Part II covers additional issues.  

Other issues:  The Fourth Amendment of the Constitution covers searches and seizures.  A person who is intoxicated or under drugs can not rely on that impairment alone as a defense that the search was not consensual.  A stop of a motor vehicle or an arrest of a driver for a traffic offense does not automatically permit a warrantless search of a vehicle.  There must be more evidence or reasons to search (see Commonwealth v. Parker from 1993).  

Despite all of these issues, consent to search can be obtained by lying or trickery (see Commonwealth v. Carelli or Commonwealth v. Morrison).  Morrison is a wild case.  The officer in Morrison posed as a homeowner who was acting like he needed ideas for remodeling a barn and asked if he could see the defendant's barn.  In the barn was where the defendant was storing marijuana.  The defendant gave permission and after observing the barn, the officer got a search warrant.  

Frequently, police will threaten an individual that "we will have to get a warrant" if a person refuses to consent to a search.  In these cases, the Supreme Court of Pennsylvania has refused to create a bright-line test that such consent is per-se involuntary (see Commonwealth v. Mack of 2002).  

For situations that involve "third party consent", There are privacy issues to be raised in these instances.  The Pennsylvania Superior Court outlined an "apparent authority" exception.  Essentially, if a person answers the door to a home, allows the police to come in, and when they allow the police to search, it is not a suppression issue if the police made a mistake in assuming the person had authority to consent to the search.  

A person who is a joint owner of a car or home does not necessarily have authority to grant a search.  The person must also have control over the area or the property.  

Criminal law if fascinating and there are a whole host of other issues, some very peculiar, involved in consensual searches.  What you need to make sure of is that you have your Bucks County criminal defense lawyer file a Motion to Suppress in the Bucks County courts and shift the burden to the Commonwealth in that hearing to defeat the motion to suppress.  The Commonwealth will have to show that the consent was voluntarily, knowingly, and intelligently given.  

Note, as this was being written, our research started taking on a life of its own.  For easier reading, we will be breaking up Consensual Searches into two parts.  Welcome to Part I of Consensual Searches in Bucks County and Pennsylvania.  

If consent is provided by a person to search property (i.e. a home or vehicle), it is allowed without a warrant.  Meaning, the U.S. and Pennsylvania Constitutions allow for a warrantless search of property if consent is given.  The person providing the consent must have authority to grant the search.  The consent must be informed and voluntary.  

Informed consent means a person is providing the police with permission to search and anything found can be used in a criminal prosecution.  

Voluntary means that the consent was not provided under duress, intimidation, etc.  The voluntariness of the consent should be explored by looking at the encounter with law enforcement.  The inquiry into voluntariness is objective and uses a reasonable person standard.  The criteria includes whether the person providing consent was in custody, whether the person helped with the search, whether the person was advised of their rights, the person's intelligence (i.e. did they go to college?), and the person's prior cooperation.  Other issues/factors include the number of interrogations, the period of time the person was held in custody, implied or express threats made by police, and whether the police had probable cause to arrest or search the individual.  If you faced questionable circumstances in your Bucks County arrest, you should consult with any number of Bucks County criminal defense lawyers to find out what their view of the search is.  

Although helpful for law enforcement to prove consent, a signed, written consent form is not a requirement.  

Of course, a person can refuse consent and that refusal cannot be used against them.  Meaning, the refusal is inadmissible.  The person also has a right to limit the search.  

Evidence of a Crime

Corpus delecti means "the body of the crime", which doesn't mean a physical body, but rather the nature of the transgression.  What the corpus delecti requirement means is that an admission or confession of a defendant may not be introduced into evidence unless the corpus delecti of the crime has first been established.  

The rule exists to protect an accused from a conviction when no crime was committed.  I have won cases on this rule.  It is very important for all criminal defense lawyers in Bucks County.  

Only statements of an accused that are material to prosecution are subject to this rule.  The Commonwealth must sustain an initial burden of proof by preliminary establishing the existence of a corpus delecti.  Corpus delicti may be shown through circumstantial evidence.  The evidence must be consistent with a crime, however, as the Supreme Court in Commowealth v. Boykin indicates.  

Corpus Delecti and Its Application

Here's an example -- a person is on the side of the road.  A police officer pulls up and says, "What are you doing?"  The person responds with, "I don't have insurance and shouldn't be driving."  The officer must have independent evidence of the lack of insurance prior to the admission being entered.  

The corpus delecti of murder is evidence that there is a dead human and that the death occurred under circumstances which indicate the death was criminal.  

For a DUI, the corpus is that a person operated a motor vehicle while under the influence of alcohol.  For example, a person is lying next to his truck in the road and the officer smelled the odor of an alcoholic beverage about the person (see Commonwealth v. Kasunic of 1993).  

Relevance has been discussed before with respect to testimony on the blog.  But, what if a prosecutor asks someone "Are you a Christian?"  The next thing you should hear is the word "Objection!" coming out of the mouth of a Bucks County criminal defense lawyer.  

The answer lies in Pennsylvania Rule of Evidence 610.  This rules bars evidence of a witness' religious beliefs for the purpose of showing that his credibility is hurt or helped by his beliefs.  

Also, under 42 Pa.C.S.A. § 5902, the statutory law prevents any witness from being questioned regarding their religious belief.  The courts have further found that religious belief is irrelevant and prejudicial (see Commonwealth v. Myer from 1985 to start). 

As you can guess, like anything in law, this rule is not absolute.  In some cases, religion can be relevant.  Commonwealth v. Covil allowed religious beliefs to be admitted to show a motive for killing.  

As you can see, having your religious (or non-religious) beliefs mentioned in court is highly prejudicial and it does not further the trial.  

Even in the hustle of Bucks County criminal defense and taking more serious cases, often over-looked is the accumulation of points in a year.  

If you received 6 or more points and it is your first time reaching that limit, the driver receives a written notice to take a special written point examination.  You will have to show evidence of knowledge of safe driving practices, knowledge of departmental sanctions, and knowledge of related safety issues.  

You have 30 days to pass the exam or your license will be suspended until you pass.  If you pass within the 30 days, you will have 2 points removed from your record.  

If, however, it is your second accumulation of 6 points, you will have to attend a Departmental Hearing.  Again, the person gets a written notice of the time/location of the hearing and you must attend.  The Department may recommend either no action, a 15-day license suspension, and/or a special on-road driver's exam.  

If, however, it is your third accumulation of 6 points, you will attend a Departmental hearing and the examiner determines if a 30 day suspension is appropriate.  If you don't show up to the hearing, your license gets suspended until you attend the hearing.  

Remember to be mindful of your speed and make sure you know what points you have and what points you are facing with your license if you receive a ticket.  

If you receive a ticket and it is alleged that you were speeding over 31 miles per hour or more, you better take the ticket seriously.  

A ticket attorney or criminal defense lawyer from Bucks County could help arrange a defense for you or negotiate a guilty plea to a lesser ticket.  Why would you want to hire a lawyer?  You are facing, if convicted of the ticket, a Departmental Hearing with PennDot.  You will receive a notice of the time and location of the required hearing.  

The examiner will review your driving record and listen to your arguments.  One or both of the following will be the outcome:

1)  A 15-day license suspension

2)  Special on-road driver's examination

If you fail to show up to the hearing, you are facing a 60-day license suspension.  

Neither result (nor both) is helpful to you.  You want to get back to your job, family, and life.  Get in front of the problem and get to court on your ticket to work out an alternative situation.  

There are two types of general impairment in a Pennsylvania and Bucks County DUI.  They fall under 75 Pa.C.S.A. 3802, specifically 3802(a)(1) or 3802(a)(2).  

§ 3802. Driving under influence of alcohol or controlled substance. 

(a) General impairment -- 

(1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle. 

(2) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. 

Here's an example -- say you have a person who hired a Quakertown DUI lawyer to represent her in a DUI.  The lawyer sees that the blood test results come back with a BAC of .102.  There is an argument to be made by the attorney that the BAC is within the margin of error and should be rounded down below .10, putting the individual in the 3802(a)(2).  That would reduce potential jail and a license suspension.  

Say the blood/lab results are corrupted and/or suppressed.  You can still be convicted of a DUI based upon an officer's testimony that their professional experience lead them to the conclusion that you were incapable of safely driving based upon alcohol or drug use.  It's a bit more complicated than just that, so you probably want to talk to a Bucks County criminal attorney to clear things up.