Evan Kelly successfully argued a Rule 600 motion in Chester County Court of Common Pleas. Based on Mr. Kelly's motion, cross-examination during the motion hearing, and argument, his Order requesting that the charges against his client be dismissed for failure to comply with Pennsylvania Rule of Criminal Procedure 600 was Granted.
Pennsylvania Rule of Criminal Procedure 600 states that the Commonwealth must bring the accused to trial within 365 days from the filing of the complaint. If the Commonwealth cannot prove that the defendant knowingly absconded after the filing of the complaint nor could the Commonwealth show that it exercised due diligence in attempting to locate the accused, the charges must be dismissed.
In the present case, the officer filed charges in March of 2009 for alleged fraud which occurred in the summer of 2008. The accused was declared a fugitive after the officer claimed he was unable to locate the defendant. The officer lodged a detainer and warrant against the defendant, who was ultimately picked up in 2013.
The issue Mr. Kelly successfully raised in his motion was that the Commonwealth failed to establish due diligence in attempting to locate the defendant. Mr. Kelly effectively cross-examined the officer to show that despite meeting with the defendant on one occasion in 2009, the officer had other opportunities to contact the defendant. Primarily, Mr. Kelly showed during cross-examination that the defendant's previous attorney contacted the police station and informed the officer that she was represented and that any communication regarding his client should be made to the attorney. Mr. Kelly showed that this conversation was the first and last the officer had with the defendant's attorney.
As a result of Mr. Kelly's successful cross-examination and argument, the judge signed an Order dismissing the charges.