Legal Question in Criminal Law in Pennsylvania

180 days to sentence?

My boyfriend was arrested on July 10, 2007 for burglary, criminal conspiracy, & possession of a stolen good (a gun). He says there is a law stating that the court has 180 days to sentence him upon his incarceration. What is this law?

Also, would this law apply to him if, originally he took a plea, but at his official sentencing, a different judge rejected the plea, & his attorney filed an appeal against that decision? His next court date is after the 180 days (January 28, 2008). On this date he would be officially sentenced. Does his case still fall under the law that would allow him to come home, or because he is in the process of being sentenced and appealing the judge--name removed--decision, does that make this specific law inapplicable to him?


Asked on 12/04/07, 8:09 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: 180 days to sentence?

The Rule is at Pennsylvania Rule of Criminal Procedure 600. The 180 day rule is for a trial. Trial is deemed to commence at the time of a plea. The Rule doesn't apply to sentencing. You should ask his attorney to prepare a Petition seeking his release on nominal bail. Under these circumstances the Court may grant it.

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Answered on 12/05/07, 12:28 pm


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