Philadelphia criminal defense lawyer Zak T. Goldstein, Esquire recently won a speedy trial motion to dismiss all charges in a sexual assault case. In Commonwealth v. VK, the client was charged with rape, involuntary deviate sexual intercourse and related charges after the complainant reported that the client had assaulted her years earlier. The complainant did not disclose the alleged abuse for about a decade.

The complainant made a police report, and a detective then obtained an arrest warrant and put the arrest warrant in the system. The detective then did essentially nothing to arrest the client. By then, he had moved to another state. The client was eventually arrested by police in the other state during a random encounter more than two years later and extradited to Philadelphia. Upon his arrival in Philadelphia, he retained Attorney Goldstein. Attorney Goldstein successfully argued for a reasonable bail at preliminary arraignment.

The charges were held for court at the preliminary hearing. Once the case reached the Court of Common Pleas and motions could be filed, Attorney Goldstein immediately filed a motion to dismiss pursuant to Rule 600(a) of the rules of criminal procedure. In the motion, Attorney Goldstein argued that the charges should be dismissed because the Commonwealth failed to bring the client to trial within 365 days as required by the rule.

Under the rules, the one year deadline for bringing a defendant to trial begins to run on the date on which the complaint is filed. Accordingly, the time during which a defendant has charges filed against them and a complaint pending counts for purposes of the rule unless the Commonwealth exercises due diligence in attempting to locate the defendant but is unable to do so. For example, if a defendant is being held in custody in another state and the other state refuses to extradite the defendant despite the Commonwealth’s attempts to obtain extradition, then the time might not count. Or, if the police conduct records checks and attempt to locate the defendant but are unable to do so despite giving it a good effort, then the time may not count.

Here, the detective who filed the charges testified at a hearing on the motion that he made a couple of phone calls to phone numbers he could not remember when he first filed the charges. He did not call authorities in the other state, he did not have anyone check the addresses in those states, he did not check social media, and he did not ask federal marshals to look for the defendant. Accordingly, Attorney Goldstein argued that the police and prosecutors had failed to exercise due diligence for more than a year from the filing of the complaint.

Ultimately, the Philadelphia Court of Common Pleas judge agreed. The trial judge dismissed all of the charges, and the record can now be expunged. The appellate courts have increasingly enforced the speedy trial rules in Pennsylvania over the last few years. Filing criminal charges against someone is a serious thing, and the Commonwealth is not allowed to just leave cases sitting for years without taking real steps to move the cases forward. Here, the police did nothing to locate and extradite the client despite knowing where he was. This led to pending charges sitting against the client for years. That is exactly what Rule 600 prohibits. Accordingly, the judge dismissed the case.

What is Rule 600?

Rule 600 is Pennsylvania’s speedy trial rule. It applies to felony cases in Philadelphia. Municipal Court misdemeanor cases have a different rule (Rule 1013). Under Rule 600(a), the Commonwealth generally must bring the defendant to trial within 365 days of the filing of the complaint. There are lots of exceptions - defense continuances, continuances due to the court’s schedule, and continuances where the Commonwealth acted with due diligence but could not move forward due to circumstances outside of their control all may not count words the 365 days. But in general, if the case is delayed because the Commonwealth is not ready to proceed without a very good excuse, the time counts against the Commonwealth. Obtaining dismissal under the rule requires filing a written motion in the Court of Common Pleas.

Under Rule 600(b), a defendant in custody because they cannot afford bail may only be held for 180 days before they should be released on nominal bail (usually with house arrest). Again, there are exceptions for defense continuances, but they are more limited. Additionally, the Commonwealth usually responds to a 600(b) speedy trial bail motion by moving to revoke the defendant’s bail. In that case, the trial judge will have to make a determination as to whether the defendant is such a flight risk or danger to the community that bail should be revoked. In less serious cases, the defendant will almost always be released. In more serious cases such as shootings and rapes, this becomes a bigger issue.

The Pennsylvania Supreme Court has repeatedly instructed the trial courts to follow the rule and enforce it more reliably over the last few years, and courts have begun to do so. Here, the trial court followed the rule and dismissed the charges.

Facing criminal charges or appealing a criminal case in Pennsylvania?

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.