The National Trial Lawyers | Top 100 Trial Lawyers AVVO Rating 10.0 Superb | Top Attorney Criminal Defense 10 Best 2014-2016 | 3 Years | Client Satisfaction | American Institute of Criminal Law Attorneys WHO'S WHO | Top Professional | Certified 2017 top 100 lawyer ASLA 10 best 2016 client satisfaction| American Institute of personal injury Attorneys
The Kelly Law Firm Law Offices of Kelly & Conte
Call Anytime - Day or Night
610-314-7066 610-314-7066
The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | Client Satisfaction Award | American Institute of Criminal Law Attorneys

Pennsylvania Rule of Criminal Procedure 600 and Due Dilligence

Pennsylvania Rule of Criminal Procedure 600 states that it is the Commonwealth's duty to bring a person, who is free on bail, to trial on criminal charges within 365 days of the filing of a criminal complaint.  Based on this rule, there have been a number of issues which arise during litigation.  One of the most frequently litigated issues at the trial level and on appeal deals with the issue of when the defendant's whereabouts are unknown to the Commonwealth, the Commonwealth failed to bring an accused to trial within 365 days, and whether the Commonwealth did their due dilligence to find the defendant.

If a Defendant is charged with a crime, but did not have notice of her Court date and/or that charges were filed against her, she may move to have the charges against her dismissed by filing a motion for dismissal under Rule 600, once a year passes from the date she was charged.  An accused, unaware that process has been issued against him, has no obligation to make herself available.  Instead the police must show that they exercised due diligence in attempting to locate a Defendant. 

The test of due diligence has been described as follows:

When asked to decide whether the police have acted with due diligence, a court must engage in a balancing process, which may become quite awkward. Commonwealth v. Winn, 327 Pa. Super. 296, 475 A.2d 805 (1984). On the one hand, this determination must be based on a common sense approach to law enforcement which recognizes that the police department, not the court, is the best judge of how to deploy limited police personnel. Commonwealth v. Dorsey, 294 Pa. Super. 584, 440 A.2d 619 (1982); the Supreme Court said:

  "It is not the function of our courts to second‑guess the police methods used by the police to locate accused persons . . . Deference must be afforded the police officer's judgment as to which avenues of approach will be fruitful."

The attorneys at the Kelly Law Firm are experienced and aggressive when it comes to the filing and arguing of pre-trial hearings.  If you or someone you love have just been notified that charges have previously been filed against you, call us for a free consultation to discuss potential Rule 600 issues and other pre-trial motions.

No Comments

Leave a comment
Comment Information

Why We Succeed


We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

See what our clients are saying...


For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

Learn more about our team...


We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

View our case results...
Schedule a Case Evaluation

Schedule a Free Case Evaluation

Bold labels are required.

Please note that First AND/OR Last Name, and Email AND/OR Phone are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Law Offices of Kelly & Conte
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
West Chester Law Office Map

Review Us
Back to Top