Legal Question in Criminal Law in Pennsylvania

Re: assault

I was questioned for an assault case but not charged. The cops told me they were going to charge me. What is the statute of limitations?

In PA there is no per se rule for the statute of limitation. If a complainant has been filed, the DA has 365 from that date to bring you to rule less any time attributable to you or your lawyer. Even if they are over the 365, the judge can still give them more time for a multitude of reasons that are all seemingly unfair to defendants.

If no complaint is file, the lead case is US v. Ross, where you must show: 1. long delay in filing; 2. that you didn't cause the delay in filing; 3. that you have asserted your right to a speedy trial; and 4. that you have been prejudiced by the delay. If you show those four factors then the burden shifts back to the Commonwealth to establish why there was such a delay.

In sum, the answer is that there is no statute of limitations in criminal cases if the DA has a good reason as to why the delay exists.

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Good Luck,

Brian

Re: assault

You should contact a private attorney as soon as possible. Feel free to call or e-mail me directly.