Speedy Trial and Rule 600

Know Your rights

When someone is charged with a crime, they have the constitutional right to a speedy public trial. In the vernacular sense, time is an elusive creature in the modern criminal justice system. It is not unusual for criminal cases to take over a year to resolve from the time charges are filed. A careful and diligent lawyer can use the speedy trial rules to your advantage.

Where do speedy trial rights come from?

An accused’s right to a speedy trial comes from both the federal and Pennsylvania constitutions. In the Pennsylvania Constitution, it is enshrined in Article I, Section 9, which reads in part, “In all criminal proceedings the accused hath a right to . . . a speedy and public trial[.]” The Federal Constitution, which was based on the constitutions of several states (Pennsylvania among them) reads similarly: “In all criminal prosecutions, the accused shall enjoy a right to a speedy and public trial[.]” U.S. Const. Amd. VI. 

What is Rule 600 in PA?

Rule 600 outlines specific time limits for bringing a defendant to trial within Pennsylvania, offering additional protections beyond the constitutional right to a speedy trial.

When are constitutional speedy trial rights violated?

The constitutional rights discussed above regarding trial time are vague. Neither constitution provides any explanation regarding when a trial is “speedy.” In fact, there is no hard-and-fast time limit under either constitution. In order to prove a violation of constitutional trial time provisions, a defendant has to prove that the delay negatively affected their case. That is to say, because of the time, he or she is in a materially worse position at trial. If he does, the judge will then decide the reason for the delay and whether dismissal is the appropriate remedy.

The process involved in determining a violation of the constitutional right to a speedy trial involves nuanced legal considerations. A defendant must demonstrate harm (prejudice) due to the delay, specifically under the Barker v. Wingo test, which applies to the federal level. It is often used in Pennsylvania cases.

What is the Barker v Wingo Test?

This test evaluates the length of the delay, the reason for the delay, whether the defendant asserted their right to a speedy trial, and any prejudice to the defendant (loss of witnesses, memory fading, etc.)

Given the complexities of the four-factor Barker v Wingo test and how it impacts a case, it’s essential to consult with an experienced attorney to fully understand and protect your right to a speedy trial.

What about the Rules of Criminal Procedure?

Rule 600 of the Rules of Criminal procedure is a separate, rule-based speedy trial right. Unlike the constitutional provisions it is not vague and amorphous.

As of 2024, PA Rule 600 has been impacted by judicial emergency suspensions (specifically, COVID-19-related suspensions). These orders extend the time period, permitting days beyond the usual 365-days in certain situations. The rule is not as rigid as it once was in requiring trial within that exact 365-days.

Changes to Rule 600 in Pennsylvania have made it even more important to consult an experienced attorney to fully understand your rights to a speedy trial. PA 600 updates can affect how long it takes for your trial to take place. Consult a lawyer to understand how these changes to Rule 600 Pennsylvania may impact you.

That is what we bring to the table. In every case, we diligently protect our client’s rights—both procedural and substantive—to achieve the best resolution possible. Call Pyfer Reese and ask to meet with Dan Bardo, Anthony DiDonato, or Chris Patterson.