Defendant moves the court to quash the indictment against him/her. Defendant argues that the indictment fails to supply required information, and the indictment is also vague and ambiguous and does not apprise the defendant of the charge against him/her with sufficient specificity to permit adequate preparation of a defense.
Pennsylvania Motion to Quash Indictment
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Rule 600 requires that the Commonwealth bring a defendant to trial within 365 days of when it files the criminal complaint. Not every day counts, though.
In March 2020, the Pennsylvania Supreme Court suspended Rule 600 as courts throughout the state shut down due to COVID. The Supreme Court lifted its suspension shortly thereafter, but it gave president judges for each county the authority to extend the suspension locally.
There are two main portions of Rule 600. First, that the government has 365 days to commence trial once charges have been brought. If they do not do that, a motion must be filed by the defense and the charges will be dismissed with prejudice if a violation of this time limit has been found by the Court.
Rule 605 - Mistrial (A) Motions to withdraw a juror are abolished. (B) When an event prejudicial to the defendant occurs during trial only the defendant may move for a mistrial; the motion shall be made when the event is disclosed.
Also, Motions to Quash are called Writs of Habeas Corpus in many counties in Pennsylvania. Individuals accused of committing crimes in Philadelphia, the surrounding counties, and throughout the Commonwealth of Pennsylvania often search for a criminal defense lawyer to help them file a Motion to Quash in their case.
In Pennsylvania, the Commonwealth (District Attorney) is required to bring a criminal defendant to trial no later than 365 days after a criminal complaint is filed if the person isn't in custody. If the person is in custody, the Commonwealth must proceed to trial no later than 180 days after the complaint is filed.
Motion for Dismissal. ([A]a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.
