One of the many rights enshrined in the United States Constitution and numerous state laws is the right to a speedy trial. If prosecutors cannot bring a case to a trial fast enough, defendants may assert their rights and demand that their charges be dismissed.
The right to a speedy trial is somewhat hard to pin down because criminal cases often progress at different speeds. Generally, if there are delays in your case that seem unnecessary, or prosecutors are not doing their due diligence to move the case through the legal system, you should be concerned about your rights. Your attorney can stand up for you and demand that the case move forward, or your charges be dismissed.
Call Kenny, Burns & McGill at (215) 423-5500 and ask our Philadelphia criminal defense lawyers for a free, confidential legal assessment.
What Does the Right to a Speedy Trial Mean for Pennsylvania Criminal Defendants?
Criminal defendants have multiple rights that law enforcement officials, prosecutors, and other government officials cannot trample. Among these rights is a defendant’s right to a speedy trial.
U.S. Constitutional Right
The right to a speedy trial is enshrined in the Sixth Amendment to the United States Constitution and is foundational to our criminal justice system.
While the Sixth Amendment establishes the right to a speedy trial, it provides little other information about this right. Perhaps most confusingly, the text of the Sixth Amendment does not describe how speedy a trial must be. There is no mention of hard time limits.
Over time, most states have included the right to a speedy trial in their criminal codes and even in their state constitutions. Not only that, but many courts have elaborated on how long a speedy trial should be.
Pennsylvania Rules of Criminal Procedure
Pennsylvania has included the right to a speedy trial in its Rules of Criminal Procedure. According to Rule 600, trials usually must commence within 365 days, but the exact date this time limit begins will vary.
The rule goes on to explain that a trial must commence within specific time periods, and different time periods may apply to different circumstances.
First, a trial must begin within 365 days of when the authorities file a criminal complaint against the defendant.
Second, if the case is transferred from juvenile court to adult court, the trial must begin within 365 days of the filing of the transfer order.
Third, if a defendant participates in the Accelerated Rehabilitative Disposition (ARD) program and their participation is terminated, the trial must commence within 365 days from when the termination order is filed.
Fourth, when a trial court grants a new trial, and no appeal has been perfected, the new trial must begin no later than 365 days from when the order for the new trial is filed.
Fifth, if a convicted defendant appeals their conviction, and the appellate courts order a new trial, the new trial must begin within 365 days from the appellate court’s order.
These rules are even stricter if a defendant is denied bail and detained while awaiting trial. In those cases, the trial must commence within 180 days rather than 365.
Exceptions and Delays
The criminal justice process is complex and difficult, and many trials do not commence within the time required by the Pennsylvania Rules of Criminal Procedure. However, this often does not constitute a violation of the defendant’s rights.
Certain delays may be permitted. These delays may be called “excludable time” and do not count toward the legally proscribed time limit.
Examples of excludable time include continuances requested by the defense, delays due to court congestion or scheduling problems, and emergencies, such as delays caused by COVID-19 pandemic-related shutdowns.
What is a Violation of My Right to a Speedy Trial?
Not every delay in your trial may be a violation of your right to a speedy trial. However, if a violation occurs, you must assert your rights and demand a trial or the dismissal of the case.
Factors Considered in a Violation
In 1972, the United States Supreme Court decided Barker v. Wingo and identified several factors to consider when determining whether a speedy trial violation has occurred.
The court explains that the right to a speedy trial is relative, and delays may be expected but do not necessarily constitution a violation. As such, whether a delay in a trial constitutes a constitutional violation depends on the duration of the delay and the reasons for it.
Unnecessary Delays
If a delay occurs and we believe it is completely unnecessary, and that delay puts us past the deadline for a speedy trial, our Pennsylvania criminal defense attorneys will assert your right and ask the court to dismiss the case.
The court may consider the delay before deciding, and prosecutors are likely to argue that it was necessary. We may support our claims of a violation by arguing that the delay resulted from the prosecution’s lack of due diligence rather than from any real necessity.
Assertion of Your Right
A major factor in violation of a defendant’s right to a speedy trial is whether the defendant asserted their right. The Court in Barker stated that the defendant’s assertion of their right to a speedy trial may be considered when determining whether a violation occurred. If the defendant never asserts their right, it may be implicitly waived.
Put another way, if prosecutors fail to bring the case to trial in a timely manner and the defendant never asserts their right to a speedy trial, nothing is likely to happen.
FAQs About a Criminal Defendant’s Right to a Speedy Trial in Pennsylvania
What is the Right to Speedy Trial?
The right to a speedy trial guarantees criminal defendants the right to a trial within a reasonable time. Pennsylvania law imposes a strict time limit of 365 days. However, if the defendant is incarcerated and not out on bail, this time limit is only 180 days. When the time limit begins may vary based on your specific circumstances.
When Must Prosecutors Bring a Criminal Case to a Trial?
Under Pennsylvania law, prosecutors must bring a case to trial within 365 days. However, if the defendant is not out on bail but remains incarcerated, prosecutors must bring the case to trial within 180 days. However, delays that constitute excludable time may extend this time.
What Does a Violation of My Right to a Speedy Trial Look Like?
The right to a speedy trial is relative, and whether a delay in the case constitutes a violation depends on the circumstances and reasons for the delay. If the delay is unnecessary or results from a lack of due diligence by prosecutors, it may be a violation.
How Can I Protect My Right to a Speedy Trial?
To protect your right to a speedy trial, you must be able to recognize when a violation occurs. Since violations are relative to each case, you should discuss delays in the case with your lawyer before claiming that a violation occurred. Also, you must actively assert your right. If you do not, your right may be implicitly waived.
What Should I Do if My Right to a Speedy Trial is Violated?
If your right to a speedy trial is violated, bring it up immediately. Remember, the court likely will not do anything about the delay if you do not assert your right. When asserting your right, we can file a motion with the court asking for the case to be dismissed.
Contact Our Pennsylvania Criminal Defense Attorneys for Support Today
Call Kenny, Burns & McGill at (215) 423-5500 and ask our West Chester, PA criminal defense lawyers for a free, confidential legal assessment.
