Q: Arrested for drug charges; trial rescheduled 50 times, no court yet.
I was arrested for drug charges in Delaware County and then brought to Chester County, a place I had never been before. A person dealing drugs in Chester County set me up, and it's documented in the discovery that their accusation was fabricated to receive lesser jail time. Since my arrest on August 17, 2023, my trial has been rescheduled over 50 times, and I haven't been to court yet. Can Chester County request a McPhail order a month after my arrest, given these circumstances?
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A:
In your situation, it's understandable that you are frustrated by the delays in your trial. A McPhail order can be requested in cases where a defendant's right to a speedy trial is being violated, and it typically happens when there has been an unreasonable delay in bringing a case to trial. Given that your trial has been rescheduled 50 times since your arrest, this could be a strong argument for requesting a McPhail order.
Chester County can indeed request a McPhail order, even a month after your arrest, if they believe that the delay is unreasonable and is preventing you from receiving a timely trial. The McPhail order is designed to ensure that your constitutional rights are upheld, particularly the right to a speedy trial.
If the delays continue to be excessive, you or your attorney might file a motion requesting this order, arguing that the repeated rescheduling is unfair and violates your right to a fair trial. It’s a good idea to speak with an attorney who can guide you through this process and help ensure that your rights are protected during these delays.
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