Q: Does Rule 600 apply & who can we have file it?
Hello. My son has been incarcerated since 03/27/2022 and Venango County, PA put criminal complaints filed Charges on him 3/8/2022, from an incident they said happened on 2/12/2022, (docket no. Mj-28301-cr-0000056-2022). My son has never even been arraigned or had his prelim or anything. In pa we have the right to a speedy trial. They put a detainer on my son and it’s really messing up everything for him. He can do any jobs or schooling or any special programs or anything. We need to have an attorney file a rule 600. Or can we do that ourselves?
A:
Rule 600 in Pennsylvania refers to the right to a speedy trial, stipulating that a criminal defendant should be brought to trial within a certain period, usually 365 days from the filing of the complaint. If your son has been incarcerated since 03/27/2022 without an arraignment or preliminary hearing, and the charges were filed on 3/8/2022, it appears there may be grounds to challenge the delay under this rule. However, applying Rule 600 can be complex and depends on various factors, including any time that may be excluded from the calculation under the rule's provisions.
You can indeed file a motion to dismiss the charges under Rule 600 on your own; however, navigating the legal system and understanding the intricacies of this rule can be challenging. It's generally advised to seek legal counsel for this type of matter. An attorney experienced in criminal law can evaluate the specifics of your son's case, guide you through the process, and argue on his behalf effectively. If cost is a concern, consider reaching out to public defender's offices or legal aid organizations in your area.
If you decide to proceed on your own, you should research how to file a motion in the court handling your son's case, paying careful attention to local rules and procedures. Documents must be filed correctly and arguments must be clearly presented, citing the appropriate legal standards and facts of your son's situation. Regardless of your decision, acting promptly is crucial given the time-sensitive nature of Rule 600.
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