Legal Question in Criminal Law in Pennsylvania

Re: rule 600

The trial has to be commenced within one year of the date of the written complaint. You should file a Motion to Dismiss under Criminal Rule of Civil Procedure 600 provided that there are no periods that may be excluded under the Rule.

Re: rule 600

You will be served shortly.

Re: rule 600

The issue is whether you were actually charged, and does the informal filing of a complaint with no subsequent arrest equal the actual filing of complaint under rule 600g? The filing of the complaint aspect of the rule has generally been defined to mean the commencement of criminal proceedings against the defendant.

An arrest is the actual beginning of criminal proceedings. Therefore, I would say that if you have not been arrested, the clock has not started to tick.

This answer does not mean that if you are ever arrested that you can't make an argument under the statue of limitation or pre-arrest delay that District Attorney be barred from prosecuting you. See my previous answers under the statute of limitation and pre-arrest delay for more details. Or, feel free to email me at [email protected]. Good luck to you,

Brian