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Rule 600 Archives

Rule 600

A criminal defendant who is incarcerated in another jurisdiction is unavailable within the meaning of Rule 600 if the Commonwealth demonstrates by a preponderance of the evidence that it exercised due diligence in attempting to procure the defendant's return for trial, then the time period for which the defendant can't be found does not run against the government. school discipline hearings "Due-diligence is a fact-specific concept that is determined on a case-by-case basis." It is generally held that Rule 600 is tolled where the Commonwealth shows, by a preponderance of the evidence, that it has acted with due diligence in seeking extradition to bring the defendant to trial.... The matters of availability and due diligence must be judged by what was done by the authorities rather than by what was not done." Under Rule 600(c)(1), time between the filing of the complaint and a defendant's arrest may be excluded from calculation of the trial commencement period, provided the defendant could not be apprehended because his whereabouts were unknown and could not be determined by due diligence. In addition, the Comment to Rule 600 states a defendant is deemed unavailable during the time a responding jurisdiction delays or refuses to grant extradition.

Rule 600: What does it mean

In Pennsylvania, an individual that is accused with a crime has a speedy trial right which is codified under Rule 600 of the Pennsylvania Rules of Criminal Procedure. Rule 600 essentially states than an accused can move to his criminal charges dismissed if he isn't brought to trial within a year for no fault of his own. Learn about Violent Crimes here Additionally, under Rule 600, an accused is eligible for one dollar nominal bail if he has not been brought to trial within six months of being charged. The caveat to this rule is that the time it has taken the defendant to get to trial, whether it be six months or one year, is all attributable to the Commonwealth.

Rule 600. A Defendant's Right to a Speedy Trial

In Pennsylvania, an accused has a right to a speedy trial. Contact a Chester County Criminal Lawyer  Specifically, under Rule 600, the government has 365 days to bring a Defendant to trial. If an accused has not been brought to trial within 365 days, and has also not continued or delayed his case from coming to trial, the charges against him must be dismissed by the Court. In another words, if the government, through no fault of the defendant, in unable to bring a Defendant to trial within a year of his being charged, the charges must be dismissed according to Rule 600.

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West Chester Office
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
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934 E High St #2
Pottstown, PA 19464

Phone: 610-314-7066
Fax: 610-436-0628
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