How Quickly Does the State Have to Hold Your Preliminary Hearing
My question involves criminal law for the state of: Pennsylvania
How long does the law allow before having a preliminary hearing for Forgery. I was arrested on October 25, 2013. They have so far cancelled my preliminary hearing two times. The second time was due to the DA not showing
Re: Preliminary Hearing in Pennsylvania
A lot longer than just one month.
Could be six months before you have any "speedy trial" issues.
Re: Preliminary Hearing in Pennsylvania
For just the preliminary?
Re: Preliminary Hearing in Pennsylvania
Pa.R.Crim.P. 542 describes the record a court must make when granting a continuance for a preliminary hearing, but does not set a time limit. Speedy trial rules are described in Pa.R.Crim.P. 600.
Re: Preliminary Hearing in Pennsylvania
As Mr. K notes, it's pretty much a year. Three months is NOT uncommon for the prelim in PA.
Re: Preliminary Hearing in Pennsylvania
You have a year from the date of filing the charges or actually being arrested to go to trial. Now, if you were arrested and taken in front of a District Judge then the preliminary hearing must be held within three to ten days, unless of course you or your attorney requests a continuance. Then the time is on you and not the Commonwealth.
Re: Preliminary Hearing in Pennsylvania
As you can see from the original post, the preliminary hearing has been adjourned twice. The requirements for a finding of good cause to grant an adjournment are covered by Pa.R.Crim.P. 542, linked above. What is your authority for your belief that only the defense can seek an adjournment upon a showing of good cause?
Re: Preliminary Hearing in Pennsylvania
I suspect the first "cancellation" wasn't an adjournment, but a rescheduling. The date on the charging documents is frequently changed before the hearing.
I think you mean 542. 543 deals with the disposition once the hearing is held.
Re: Preliminary Hearing in Pennsylvania
Correct. A "rescheduling" to a later date, however, would still be a continuance.