ExpertLaw.com Forums

Can You Get a Speedy Trial Dismissal if a Case is Adjourned, Officer Unavailable

Printable View

  • 08-23-2017, 05:34 AM
    bigsnack69
    Can You Get a Speedy Trial Dismissal if a Case is Adjourned, Officer Unavailable
    My question involves a traffic ticket from the state of: PA

    The citation for "Obedience to traffic control devices" was filed on May 23rd, and my summons issued the following day. My trial was originally scheduled for today, August 23rd, but has since been continued, as requested by the officer ("prosecution unavailable"), to September 19th. By this time school will have started again and I will have to miss classes to attend the trial. Is there any chance I could request dismissal due to not being provided with a speedy trial, as per the continuance?
  • 08-23-2017, 07:25 AM
    Mr. Knowitall
    Re: Can You Get a Speedy Trial Dismissal if a Case is Adjourned, Officer Unavailable
    Did you object to the adjournment? If so, what did the judge say when overruling your objection?

    Did you indicate that you had a problem with the new court date? If so, what did the judge say when scheduling the new court date despite your expression that the date would be difficult for you?
  • 08-23-2017, 07:30 AM
    bigsnack69
    Re: Can You Get a Speedy Trial Dismissal if a Case is Adjourned, Officer Unavailable
    I was not physically there, I received a letter two days ago saying that my trial had been postponed.
  • 08-23-2017, 07:36 AM
    Jim Kozlovich
    Re: Can You Get a Speedy Trial Dismissal if a Case is Adjourned, Officer Unavailable
    Quote:

    Quoting bigsnack69
    View Post
    Is there any chance I could request dismissal due to not being provided with a speedy trial, as per the continuance?

    Unfortunately, no. Pennsylvania has some very liberal speedy trial rules which are covered under 234 PA Code Rule 600 which states that "Trial in a court case in which a written complaint is filed against the defendant shall commence within 365 days from the date on which the complaint is filed."
  • 08-23-2017, 07:36 AM
    flyingron
    Re: Can You Get a Speedy Trial Dismissal if a Case is Adjourned, Officer Unavailable
    Your "inconvenience" is not grounds for a dismissal. You could, however (and it is likely to be granted) ask for your own continuance if the new date is difficult for you.
All times are GMT -7. The time now is 11:42 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved