Preliminary continuances

Asked over 3 years ago - Carnegie, PA

How many times can a prelim be postponed in Pa? The case involves felonies and misdemeanors. Postponed for 7 months already. Is this normal? my son is a victim in this case and has no idea why it keeps postponing. What are usual reasons?

Attorney answers (3)

  1. Darrell Charles Dethlefs

    Contributor Level 7

    Answered . Pennsylvania has a speedy trial rule. If the defendant is out on bail, then the case must go to trial within 365 days unless the defendant is requesting the continuances. If the defendant is incarcerated, then the rule is 6 months. Again, if the defendant asks for the continuances, then this rule doesn't apply. If the defendant is continuing the matter with the agreement of the Commonwealth then the Preliminary Hearing could be postponed for quite some time. The right to a preliminary hearing is a right of the defendant, not the victim. Good Luck.

  2. Edward F. Spreha Jr.

    Contributor Level 8

    Answered . Is a 7 month delay normal, no. Does it happen, sure. There are many reasons, including unavailability of cops, the defendant, attorneys, the judge or witnesses. Most counties have a victim/witness assistance office that works with the district attorney's office. You or your son could call them to seek assistance and get some answers.

  3. Arik Tzvi Ben-Ari

    Pro

    Contributor Level 9

    Answered . Technically, there's no limit on continuances. It's up to the judge to determine what's appropriate. Continuances can be granted for many, many reasons, but at some point most judges will want to move the case off their docket. Seven months is close to the limit i've seen in PA. That being said, I've had some cases stay at a preliminary hearing stage for over a year. Call the DA and find out what's going on.

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