Legal Question in Criminal Law in Pennsylvania

Re: Husband sitting in jail

The government has one year to begin prosecution of the trial under Rule 600 of Pennsylvania Criminal Procedure. Generally speaking, judges are inclined to give the government several listings to bring someone down from state custody so long as the government has shown diligence by preparing a writ for the state institution holding the defendant.

Depending on the severity of the new charge, the severity of the old case, the individual's conduct while in custody, and his level of cooperation with his state parole agent, it is possible to ask a hearing examiner for the state parole board to lift the state detainer pending the resolution of the open case.

One final note: State back time must be served consecutively to any new sentence, and although there is a standard "set-back" range for the amount of back time someone must do, the board has wide discretion.

Re: Husband sitting in jail

There appears to be something missing here. If he has been incarcerated awaiting trial, trial has to be held within 180 days. If trial is not held within 180 days he is entitled upon petition to immediate release on nominal bail under Rule 600 E.

But your question indicates that the Preliminary Hearing has not even been held. I suspect Mr. Hochberg is correct in assuming that there is a parole violation or detainer. If not, then you have to look at Rule 600 and see if there are any excludable periods of time from the mechanical run date which is the date the written criminal complaint was filed.

Re: Husband sitting in jail

It seems to me that something's missing from your story. Like, perhaps, a state parole violation/detainer. He wouldn't be sitting in state prison otherwise.

Seems to me that he is sitting in state prison because he violated some probation or parole by getting the new charges, and not sitting there on the new charges themselves.