For the Defense - Vol. 5, Issue 1 - 10

when a delay prejudices a defendant and that delay was

causes another substantial period of delay, file
primarily caused by the courts.
6
a new Rule 600 motion based on this additional
Pa.R.Crim.P. Rule 600(D)(1).
time andpopulation,
litigate it prior
toradio,
any trial
preserve
an
e.g.,
TV,tobooks.
However,
The Pennsylvania Institutional Law
Click
here
to view
print
thethey
objection
the additional
time period.
it to
includes
confinement
for 23 hours per
Project
is willing
to and/or
assist your
clients
full
notes
section
for
this
article.
day in a cell, often with a cellmate, as
serve their sentences. The Pennsylvania
* At the Rule 600 hearing, after the defense has
overcrowding makes single cells almost
Institutional Law Project provides free civil
made a prima facie showing that the defendant
impossible. Homosexuals, psychotics, and
legal assistance to Pennsylvania inmates
has not been brought to trial within 365 days,
some others may be Z Coded and get
whose civil constitutional rights have been
the Commonwealth bears the burden of proving
single cells. Inmates suffering from mental
violated. For more about our services,
that they have nonetheless acted with diligence.
illness can only be placed to disciplinary
please check out its website at https://pailp.
This means that after the defense has made such
Katherine Ernst is an
confinement, i.e., the Restricted Housing
org/.
a prima facie showing, it is the Commonwealth
appellate attorney with the
Unit [RHU], for 30 days before transfer to
who should be required to put on its evidence
Montgomery County Public
some type of treatment area.
and the defense should only argue after the
Defender's Office. She
* Infractions
graded
depending
on600
Commonwealth
has are
done
so. Essentially,
a Rule
handles appeals from all
serious
Level
1 infractions
hearing seriousness:
should proceed
in form
almost
identically are
units, juvenile to homicide,
possession
of contraband,
etc., and
to a suppression
hearing.
If the judgefights,
asks you
and she also formulates
less
Level 2 infractions
include
to arguethe
prior
to serious
the Commonwealth's
evidence,
legal strategy for pre-trial
cursing,
count,
disobeying
make it clear
thatnot
youstanding
could notfor
possibly
argue
and
trial
units.
Katherine
graduated
Magna
Cum
anoforder,
etc. Ifuntil
an inmate
violates
a rule,
Angus Love
is a private
on behalf
your client
you know
what the
Newpracticing
Orleans in
s/he will receive
misconduct
attorney
Commonwealth's
evidenceaof
diligence is.in writing and Laude from Loyola Law School,
Narberth,
Pa.
He was
get a hearing with minimal due process.
in 2007 and was on law review. She practiced
* If the Commonwealth
appears
at
the
Rule
600
Executive
Director
A Level 1 finding of guilty can result in a
at Kaufman, Coren & Ress in
Philadelphia
outof the
hearing sentence
and does not
present
evidence
Pennsylvania
Institutional
to the
RHU,any
usually
for that
30 days.
of law school, and thereafter did work in the
it acted with
diligence-for
instance,
they
did not
Law Project [PILP] for
A Level
2 finding of
guilt will
result
in lock
intersection of horseracing law and §1983 for a
25 years and is now a
bring in ins,
the officer
testify
to the
attempts
where to
the
inmate
stays
lockedmade
in their
number of years before following her passion
consultant to PILP.
to find and
apprehend
the
defendant-argue
that
cell all day, except for a short period of
for indigent criminal defense.
they have
not during
met their
burden
because
the burden
time
the
day for
a shower,
medical
of proofappointments
includes the burden
of
production
and
and other necessary events.
Share this article
arguments
counsel
are not
As of
stated
above,
it isevidence.
important to maintain
a good conduct record for parole purposes.

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