Results 1 to 9 of 9
  1. #1
    Join Date
    Nov 2013
    Location
    Townville, PA
    Posts
    2

    Default 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

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Preliminary Hearing in Pennsylvania

    A lot longer than just one month.

    Could be six months before you have any "speedy trial" issues.

  3. #3
    Join Date
    Nov 2013
    Location
    Townville, PA
    Posts
    2

    Default Re: Preliminary Hearing in Pennsylvania

    For just the preliminary?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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.

  6. #6
    Join Date
    Nov 2013
    Posts
    32

    Default 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.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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?

  8. #8
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Preliminary Hearing in Pennsylvania

    Correct. A "rescheduling" to a later date, however, would still be a continuance.

    1. Sponsored Links
       

Similar Threads

  1. Drug Possession: Preliminary Hearing, Fingerprinting Order
    By megamoose4 in forum Criminal Charges
    Replies: 1
    Last Post: 06-09-2011, 09:32 AM
  2. Pretrial Procedure: Preliminary Hearing
    By Rachetlm in forum Criminal Procedure
    Replies: 1
    Last Post: 10-27-2010, 06:30 PM
  3. Pretrial Procedure: Why a Grand Jury for Preliminary Hearing
    By pacmann in forum Criminal Procedure
    Replies: 3
    Last Post: 05-07-2009, 06:32 AM
  4. Plea Bargains: Plea Hearing vs. Preliminary Hearing
    By dmclain in forum Criminal Procedure
    Replies: 1
    Last Post: 07-25-2008, 06:25 AM
  5. Establishing an Order: Wife Filed for Divorce then Left the State with the Kids Before Preliminary Hearing
    By fay_again in forum Child Custody, Support and Visitation
    Replies: 6
    Last Post: 11-14-2006, 01:34 PM
 
 
Sponsored Links

Legal Help, Information and Resources