PA Supreme Court: Speedy Trial Rule (Rule 600) Runs From Filing of Second Complaint When Commonwealth Acts Diligently
Criminal Defense Attorney Zak T. Goldstein, Esquire
The Pennsylvania Supreme Court has decided the case of Commonwealth v. Womack, holding that the speedy trial rule (Pa.R.Crim.P. 600) runs from the filing of a second related complaint as long as the Commonwealth acted diligently in the prosecution of the case.
The Facts of Womack
On October 6, 2017, Pennsylvania State Trooper Andrew Corl led a search at Tyler and Bobbi Martin's home in Huntingdon County. The search uncovered a large sum of money, drugs, and stolen firearms linked to Marcus Womack. Womack was immediately arrested and charged with nine offenses, including possession with intent to deliver (PWID), conspiracy to commit PWID, and possession of a firearm by a person prohibited.
Following his arrest, further investigation revealed Womack's involvement in a larger drug trafficking operation extending to Philadelphia and Pittsburgh. This led to a second criminal complaint with additional charges based on new evidence.
The Office of the Attorney General (OAG) took over the case. It conducted a grand jury investigation and ultimately filed the second, more extensive complaint against Womack involving additional charges.
The Rule 600 Motion
Womack eventually moved to dismiss the case, arguing that the Commonwealth violated his rights by not bringing him to trial within 365 days as required by Rule 600. Womack argued that the time for speedy trial purposes should start on the date the Commonwealth filed the first complaint. The Commonwealth responded that the time did not begin to run until the filing of the second complaint because the Commonwealth acted with due diligence during the prosecution of the case. The trial court denied the motion, concluding that the second complaint was based on new evidence legitimately uncovered during the subsequent investigation. It did not stem from an attempt to violate Rule 600 or Womack’s speedy trial rights.
The Superior Court affirmed the trial court’s decision, opining that the prosecution exercised due diligence in the period between the two complaints. The defendant appealed further, and the Pennsylvania Supreme Court accepted the appeal. Ultimately, the Supreme Court of Pennsylvania agreed, stating that the filing of the second complaint was necessitated by factors beyond the prosecution's control and that the grand jury investigation was a necessary and diligent step. In other words, the police properly arrested Womack when they conducted the initial search. They were not required to wait to bring charges while they investigated further. And once they arrested him, they realized that additional investigation was necessary, so it was not unreasonable for the Commonwealth to later file a second complaint once it uncovered additional evidence of criminal activity. As the Commonwealth never acted with the purpose of delaying trial and investigated the case in a diligent manner, the time ran from the filing of the second complaint, giving the Commonwealth more time to prosecute the defendant.
The key issue in these cases is due diligence. Where the prosecution acts with due diligence, the time runs from the second complaint and the prosecution will have more time to bring the defendant to trial. Where the prosecution acts without due diligence (such as in letting a case get dismissed because it failed to make sure that witnesses showed up for court), the time will run from the first complaint and a speedy trial motion may be successful. In this case, all of the courts involved found that the prosecution acted with due diligence. The prosecution's efforts to investigate further after the first complaint demonstrated due diligence. The grand jury process was crucial to uncovering the full extent of Womack's criminal activities. Therefore, the Supreme Court ruled that the timeline for Rule 600 starts from the filing of the second complaint if it arises from new evidence and the prosecution acts diligently.
These cases are generally fact specific. In this case, the prosecution did not really do anything unfair to intentionally or even negligently cause delays. The first arrest led to a broader investigation that uncovered evidence that supported additional charges, so it was not unreasonable for the Commonwealth to file a second complaint. The Commonwealth acted with due diligence, so it had the benefit of Rule 600’s deadline being calculated from the date the second complaint was filed rather than the first.
Facing criminal charges or appealing a criminal case in Pennsylvania?
Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire
If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court, including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.
