Speedy Trial Rights in Philadelphia Criminal Cases

Navigating Speedy Trial Rights in Philly Criminal Cases

Facing criminal charges is scary stuff. And the wheels of justice turn slowly – too slowly if you’re sitting in jail waiting for your case to move forward. Pennsylvania’s “speedy trial” rules are meant to prevent people from languishing behind bars for ages before they get their day in court. But even with these rules in place, the reality often doesn’t match the intent.

Where Do Speedy Trial Rights Come From?

The right to a speedy trial is guaranteed both by the Sixth Amendment of the U.S. Constitution and Article I, Section 9 of Pennsylvania’s Constitution. The language is basically the same in both – people facing criminal prosecution have a right to speedy and public trials.

Because the constitutional provisions are pretty vague, Pennsylvania has specific “speedy trial” statutes and court rules spelling out time limits and procedures in more detail. The main one is Rule 600, which says trials must start within 365 days from when charges are filed.

There are also some exceptions built into these rules, which allow certain delays that don’t count against the time limits. More on those exceptions later.

Breaking Down the 365 Day Deadline

In Pennsylvania criminal cases, the timeline for measuring speedy trial rights is 365 days from when charges are officially filed to when jury selection begins for trial. Here are some key dates along that timeline:

• Day 1 – The criminal complaint with charges is filed, starting the 365 day clock
• Day 180 – By this point the prosecution needs to declare if they will pursue the death penalty or not
• Day 365 – The latest day jury selection can begin without violating the defendant’s speedy trial rights

Seems pretty straightforward, right? But it’s not always so simple…

Why Trials Sometimes Take Longer Anyway

While the law clearly states trials need to begin within a year, the reality is prosecutors often don’t meet those deadlines. The courts allow a number of circumstances that pause the speedy trial clock, meaning the case can drag on longer even if your rights aren’t necessarily violated.

Common Reasons Speedy Trial Gets Delayed

There are a bunch of legal loopholes allowing delays. Some examples:

• Defense Continuances – If your lawyer asks the judge for more time to prepare, it temporarily stops the clock.
• Prosecution/Court Delays – If the DA says they need more time to get evidence or witnesses lined up, judges often grant continuances too.
• Case Complexity – For big or complex cases, judges have leeway to give more time so both sides can prepare properly.
• COVID Backlogs – Courts are still playing catch-up from cases delayed by COVID shutdowns and restrictions. The PA Supreme Court said the pandemic justified stopping speedy trial clocks.

So while the law sets a 365 day limit, the reality is prosecutors often get 18+ months before a case goes to trial even without technically violating your rights.

What Violations of Speedy Trial Rights Mean

When delays do cross the line and violate those speedy trial rules, generally one of two things happens:

1. Charges Get Dropped – If your lawyer challenges the delays, the judge may dismiss the charges rather than let the case drag on further. So violations can actually get your case thrown out!

2. Trial Starts ASAP – The other option is the judge demands prosecutors take the case to trial immediately and no further delays are allowed. This stops continued violations of your rights.

So if your case is approaching that one year mark, it’s important to have an attorney closely monitoring the speedy trial timelines. They can challenge any improper delays and make sure the court respects your rights.

The reality is prosecutors often bend the rules and use loopholes to buy themselves more time. But experienced criminal defense lawyers know how to hold them accountable to the speedy trial statutes.

Using Speedy Trial Rights to Your Advantage

While they don’t always play out fairly in reality, strong speedy trial rights are important protections on paper. Smart defense lawyers use them proactively as leverage to benefit their clients.

A few of the strategic ways invoking speedy trial can help:

• Pushing for a Quick Resolution – Once a violation looks likely, prosecutors often scramble to offer a plea deal rather than risk the case getting tossed out. So you gain negotiation power.
• Exposing Weak/Rushed Prosecution – Forcing a rushed trial may benefit the defense, since prosecutors won’t have all their evidence and witnesses perfectly prepared.
• Getting Out of Jail Quicker – Demanding a speedy trial can help resolve the case sooner so you spend less time locked up pre-trial.

When used strategically, those speedy trial statutes can be an ace up your sleeve!

Key Takeaways on Speedy Trial in Philadelphia

Getting dragged through months or years of court dates takes an enormous toll – both emotionally and financially. Speedy trial rights are supposed to protect people from getting stuck in that nightmare limbo.

But while the laws seem clear on paper, courts don’t always follow them. Prosecutors play games with legal loopholes to drag out cases, and judges enable it. So you need an experienced criminal lawyer who knows all the tricks to ensure your rights are respected.

Hopefully this breakdown gave you a useful overview of how speedy trial works in Philly and Pennsylvania. Getting justice shouldn’t take years – these rights help defend against those delays. Use them to take more control over your case and get closure sooner rather than later.

This article is not intended to provide legal advice. Every criminal case has unique details, so speak with a defense lawyer about using speedy trial rights in your specific situation.