Legal Question in Criminal Law in Pennsylvania

180 day law

My fiance has been incarcerated since May 7th 2004. He has gone to court on several occassions and each time the District Attorney's affice has come up with some type of reason to need a postponement. Well this last time which was September 16, 2004 the Judge was fed up with the DA's office. HE told them that he needed to have all his witness present @ 11:30 AM. Well when they all weren't there he told the DA that he did not know what ''basic lawyering'' was about. He informed all attorneys(defense)that they had a right to cross examine all witness put forth by the DA's office and that if they were not prepared by Dec. 10th that he would not continue the case and order that they be let go. But the question is: He will be at his 180 day mark. When you are in custody the prosecution has 180 days to bring you to trial. Is that correct? Unless there are special circumstances. Now what is the rule called? IS it rule 1100 or rule 600? How soon should his attorney file for a dismisal when they do not bring him to trial under the rule? I hope that someone will be able answer my question and soon. Thank you ahead of time for the help!!!


Asked on 10/06/04, 12:25 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: 180 day law

Rule 600 (A)(2) requires trial commence 180 days after complaint filed if defendant is incarcerated. After that he is entitled to petition for release with nominal bail Pa.R.Cr.P. 600 (E). I offer free consultations and payment arrangements. My contact information is in my profiel

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Answered on 10/06/04, 12:58 pm


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