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Posts tagged "rule 600 attorney"

Criminal Defense Rule 600

Rule 600 is a rule of procedure that comes up in Criminal Defense cases. child endangerment Under the 6th amendment of the constitution of the United States, there is a clause that guarantees our right to a speedy trial. Similarly, if you are facing criminal charges in Pennsylvania, under the rules of criminal procedure, rule 600 also guarantees that right. The prosecution must bring every criminal defendant to trial within 1 year of them being charged with the offense. If they fail to do so, then the defense attorneys for the defendant can file a motion to dismiss the charges. With every rule, there come exceptions. There are many exceptions to the rule 600. The prosecution must be the ones at fault to get the charges dismissed, if the trial is not happened within a year of being charged. If the defense files motions or asks for continuances, and the trial has not happened within a year, you cannot file for dismissal under rule 600.

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.

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