This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Pennsylvania Motion for a Speedy Trial
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FAQ
Rule 600 motions are generally brought in Pennsylvania for two specific purposes: to release a defendant from custody after six months; and to dismiss a case altogether after one year. Pursuant to 234 Pa. Code 600(B), a defendant is eligible for immediate release from prison after 180 days in custody without trial.
The United States Constitution does not precisely define what a speedy trial is. Unsurprisingly, much litigation and legislation has helped to determine time limits for a speedy trial. The U.S. Supreme Court has laid out factors to consider when deciding whether the time to trial was speedy enough.
In March 2020, the Pennsylvania Supreme Court suspended Rule 600 as courts throughout the state shut down due to COVID.
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.
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.
Overview of Penal Code 1382 PC A formal charge (aka, an "information) must be filed against the defendant within 15 days of arrest; For infractions and misdemeanors, a trial must be held within 30-45 days of arraignment; For felonies, a trial must be held within 60 days of arraignment.
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. Any delay that the defendant or his counsel caused is excluded from the calculation.
If the judge fails to decide the motion within 120 days, or to grant an extension as provided in paragraph (B)(3)(b), the motion shall be deemed denied by operation of law.