Legal Question in Criminal Law in Pennsylvania

Time between filing date and trial date?

After the court made a scheduling mistake, I was told I would receive a mailing stating my true trial date within 2 months.

Those 2 months were over almost a year ago now.

I understand that I waived my right to a speedy trial but in doing so, I never imagined a less than speedy trial would expand over a years time.

Is such a length normal?

Jan. '07 was the original month that my case was filed. March was the month I was supposed to be mailed with a new trial date.

Frankly, I'm afraid to remind the court of this- thinking that maybe I could've ''fallen through the cracks'' and that by the time they realize, they would drop charges.

Is this possible?

I have 3 misdemeanors.

Misdemeanors grade 1, 1 & 3.

I'm currently serving a 1 year probation for the only other crime I've committed.

My officer tells me to ''wait it out.''

Would that be wise?

If I do choose to wait or even remind and have been completely stable throughout the year, what would serve as the most likely sentence they would give?

Yes, I realize there are numerous questions- I simply like numerous opinions!

Thank you.


Asked on 1/21/08, 5:12 pm

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

Re: Time between filing date and trial date?

Normally when a Trial is continued there is another date set and a subpoena is signed. Periods during which you requested a continuance are excluded for purposes of determining whether your right to a speedy trial has been violated. Generally, the courts will pick up on the fact that the one year time limit is approaching but I'm a little puzzled that you did not have to sign a subpoena for a new trial date and it could be that this was a glitch in the system. If your probation officer is aware of the pending matter and has told you to "wait it out" you're probably smart to take his advice. On the other hand I'd be a little concerned about whether or not a trial or pre-trial had been scheduled between March of '07 and now because if you missed it there may be a bench warrant out there.

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Answered on 1/23/08, 12:24 pm


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