QUESTION

My brother has been in jail for a whole year and hasn't seen a judge yet. Isn't it illegal to sit that long without seeing a judge?

Asked on May 07th, 2018 on Criminal Law - Pennsylvania
More details to this question:
He has 2 gun charges but the guns we're found in the car that was one not his and two he wasn't even the driver. This is his first time being in jail and his bail got revoked
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1 ANSWER

Criminal Law Attorney serving Exton, PA at Hyde Tebay Legal
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In general rule 600 provides that a person must be brought to trial within one year of being charged.  Additionally, if they are incarcerated for more than 6 months they are entitled to nominal bail.  I say in general because as with any rule there are exceptions.  The foremost of these is any continuances that are attributed to him or time that he was unavailable for trial would not be counted against these rules.  There are other exceptions that are more fact specific.  The challenge with this type of question online is there is no context from which to evaluate your claim.  As he is facing serious charges to which he may have viable defenses he hopefully has local counsel representing him.  This question is best posed to that person as they will have access to the appropriate dates and should be monitoring the Rule 600 ramifications of his pre-trial incarceration.  
Answered on May 14th, 2018 at 8:21 AM

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