Harrisburg/York Criminal Defense Lawyer Answers: “Does the prosecuting district attorney in PA have to bring me to trial within 365 days/1 year?”
Yes. And no.
Pursuant to Pennsylvania Rule of Criminal Procedure Rule 600, generally, the prosecution must bring a defendant to trial within 365 days of the filing of the charges. However, excludable time could allow a person accused of a crime to go to trial beyond 365 actual days from the filing of a criminal complaint.
Excludable time, among other things, can include continuances or delays that occur at the request of or benefit to the defendant. For example, if the defendant request that a hearing be continued to a later day, the time between the original and new hearing date will not run against the prosecution in calculating 365 days. In essence, this period of time would be subtracted from the total number of days from the original filing of the charges.
Calculating a Rule 600 run date can be difficult for those unfamiliar with the rules and inexperienced in dealing with the mathematical acrobatics involved in the same.
If you have questions concerning your right to a speedy trial, contact a PA Criminal Defense Lawyer for a free, initial phone consultation today.