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

Evan Kelly wins Rule 600 motion in Insurance Fraud Criminal Case: Charges Dismissed

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.

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