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?
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?
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.
Re: Can You Get a Speedy Trial Dismissal if a Case is Adjourned, Officer Unavailable
Quote:
Quoting
bigsnack69
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."
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.