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Posts tagged "speedy arrest attorney"

Criminal Defense right to a speedy arrest

A right that might sound somewhat odd in Criminal Defense cases is the defendant's right to a speedy arrest. What that basically means is that a defendant has a due process right under the laws of the Commonwealth of Pennsylvania to be charged promptly with a crime under most circumstances. The reasons for this are straightforward. violent crimes Specifically, the greater the amount of time that goes by before a defendant is arrested, the greater the chance that various witnesses to the case will be more difficult to locate, or if they are located, they may not remember what occurred. Accordingly, there are motions that an accused can file in court alleging that his rights to a speedy arrest were violated when the Commonwealth takes their time bringing criminal charges. Specifically, this is the case where the Commonwealth delays making an arrest and later, after they finally make the arrest they are unable to specify with reasonable certainty the day that the crime occurred on. In addition to this, the defense must able to show that the delay resulted in the unavailability of possible exculpatory evidence.

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