For the Defense - Vol. 5, Issue 2 - 9

*

Discuss
this waiver
with the
same
Using
the strategy
above, on
people
bothissue,
in and
on appeal
that with
whenyour
the client
trial court
wrongly
ultimately
be decided
the bail
I do think
and unconstitutionally
denied
your client
that
a long success
way toward
seriousness
you would discuss
the waiver
of anybail, it outside
myraising
office the
haveissue
had went
tremendous
with
30
hindered
the
client's
ability
to
assist
in
their
own
humanizing
my
client
and
therefore
did
increase
constitutional right.
Rule 600 motions. Oftentimes, just making it plain
defense.
You
can
argue
theyour
unconstitutional
odds
ultimate
Discuss
this
waiver
with
client with thebail
same
Usingofthe
strategy
above,
people
both in and
to thethe
Commonwealth
thatsuccess.
you
intend
to seriously
Request
discovery
early and in unfair
writing.(violating
That way,due
denial
was fundamentally
seriousness
you would discuss the
waiver of any litigate outside
my
office
have
had
tremendous
success with
this issue can get you results. It is only one
if the
Commonwealth
fails
to provideofrequested
30
process),
impacted
the
outcome
the
trial,
and
Conclusion
constitutional right.
600 arsenal,
motions.but
Oftentimes,
weaponRule
in your
because ajust
winmaking
means it plain
discovery,
any
required continuance
will be on
thus the
conviction
must be reversed.
to
the
Commonwealth
that
you
intend
to seriously
discharge, it is a potent weapon that should never
* Request discovery
early
in writing.
the prosecution.
If you have
to and
follow-up
with That
the way,
As
you
can
tell,
bail
is
a
passion
of
mine.
I one
litigate this issue can get you results. It is only
be overlooked.
if the Commonwealth
failsis
to
provide
requested
Commonwealth
about
discovery
they
have failed
to
Making
such
an argument
obviously
an uphill
amweapon
an appellate
attorney,
and
yet
much
of
in your arsenal, but because a win the
means
discovery,
required
continuance
will be
on
hand
over,
be sureany
memorialize
such
requests
in
battle.
Before
I to
raised
the issue,
I had
never
seen
work I have done on bail is not even entirely
NOTES:discharge, it is a potent weapon that should never
prosecution.
If you24 have
to follow-up
suchthe
an
argument
made.
Nonetheless,
the with the1 within my job description. Nothing could be
a writing
such
as an email.
be overlooked.
Commonwealth
v. Mills, 162 A.3d 323 (Pa. 2017).
more
important to a client than getting released
argument
is structurally
sound,
and they
should
befailed to
Commonwealth
about
discovery
have
2
U.S.
C
onSt. Amend. VI; PA. CONST. art. 1, § 9.
If autilized
continuance
is
required
due
to
the
appropriate
cases.
from jail. Far
too many
plead
guilty
handinover,
be sure to
memorialize such requests in3 Commonwealth
v. DeBlase,
665 defendants
A.2d 427, 431 (Pa.
1995).
NOTES:
Commonwealth's failure of diligence, be sure to
4
to crimes
they
commit
because
Barker
v. Wingo,
407 did
U.S. not
514, 530
(1972)simply
(articulating
the
a writing such as an email.
1
v. Mills, 162
323 (Pa.
2017).
put that
theshould
record have
at thealready
time the
continuance
constitutional
Commonwealth
v.A.3d
Preston,
904
A.2d
First,onyou
presented
the
they2 Commonwealth
wanttest);
to be
released.
The
system
needs
U.S.
ConSt
. A2006)
mend.(the
VI; PA.
CONST.
1,entirely
§ 9.
1, 10
Super.
Ct.
Barker
testart.
isto
an
* If ascience
continuance
required
due
to
thein
is requested.
Evenresearch
if theisjudge
does
notjudge
rule
social
to the
trial
that
to(Pa.
be
fundamentally
overhauled
eliminate
3
Commonwealth
v. DeBlase,
665
A.2d 427,
431to(Pa.
separate
analysis
from
Rule
600
and
therefore
needs
be 1995).
Commonwealth's
failure
ofmakes
diligence,
be sure
your
favor,
youpretrial
have at detention
least
preserved
theconviction
issue
for to
4 bail and other major inequities, but until
cash
shows
that
Barker
v.
Wingo,
407
U.S.
514,
530
(1972)
(articulating
the
raised separately).
put
that and
on the
at that
the time
continuance5 Pa.R.Crim.P.
appeal.
more
likely,
yourecord
argued
yourthe
client's
it is, we
defense
attorneys
must
do
everything
constitutional
test);
Commonwealth
v.
Preston,
904
A.2d
Rule 600(2)(a); see also Commonwealth
1,890
10
Ct. to
2006)
(theoppressive
Barker
test(no
isand
an entirely
is requested.
Even
the judge their
does not
rule in
within
in (Pa.
ourSuper.
power
pretrial
detention
wasifhindering
ability
v. Kearse,
A.2d
388,
395
(Pa.fight
Super.
Ct. 2005)
All motions to dismiss pursuant to Rule 600 must be
separate
from
Rule 600
and
therefore
needs to be
"prejudice"
need analysis
be shown
to obtain
Rule
600
dismissal).
to assist
their
own
defense.
In
your
appellate
unconstitutional
practices.
your in
favor,
you
have
at
least
preserved
the
issue
for
31
raised
separately).
File
your
client's
motion
after
the
made
in
writing.
While Rule 600 has a more definitive time period, the sole
brief,
add to that any other arguments you
appeal.
5
Rule
Commonwealth
NOTES:
focus
of Pa.R.Crim.P.
Rule 600 is on
the600(2)(a);
action ofsee
thealso
Commonwealth.
365-day
period
has
elapsed.
If
the
trial
judge
rules
can muster for prejudice. The following is the
v. Kearse, 890argument
A.2d 388, should
395 (Pa.be
Super.
Ct. 2005) (no
Thus,
a
constitutional
forwarded
* All
to dismiss
pursuant
600 must be 1 See,"prejudice"
against
youmotions
and
subsequently
the Commonwealth
e.g., Megan
Stevenson,
of Justice:
prejudice
I argued
in a recent
case:to
(1)Rule
everything
need
be
shownDistortion
to
obtain
Rule
600
when
a
delay
prejudices
a
defendant
and
that
delay
wasdismissal).
31
How
the
Inability
to
Pay
Bail
Affects
Case
Outcomes,
File
your
client's
motion
after
the
made
in
writing.
causes
another
substantial
period
of
delay,
file
While
Rule
600
has
a
more
definitive
time
period,
the sole
above, (2) during the Commonwealth's cross
primarily caused by the courts.
J
ournal
of L
aw
,
E
conomics
&
O
rganization
,
September
6
focus
of
Rule
600
is
on
the
action
of
the
Commonwealth.
365-day
period
has
elapsed.
If
the
trial
judge
rules
a new
Rule
600
motion
based
on
this
additional
Pa.R.Crim.P. Rule 600(D)(1).
examination of my client, the prosecutor
18, 2018,
5, https://academic.oup.com/jleo/
Thus,at
a constitutional
argument should be forwarded
against
you
and
subsequently
Commonwealth
time
and
litigate
it prior
towhy
any trial
tothe
preserve
an
questioned
him
about
he did
not
personally
when a delay prejudices a defendant and that delay was
article/34/4/511/5100740.
Click
here to
view
and/or
print the
causes
another
substantial
period
of delay, file
objection
to the
additional
time
period.
bring
evidence
to court
(printouts
from
2
primarily
caused
by thecited
courts.
Id.;6 see
all the
studies
in this article.
full notes
section
for this article.
a new Rule
600 motion
based
on this additional
Facebook);
I argued
that was
fundamentally
Pa.R.Crim.P.
Rule 600(D)(1).
At the Rule 600 hearing, after the defense has
unfair
since
Commonwealth
knew
reason an
time
andthe
litigate
it prior to any
trial the
to preserve
made
prima facie showing
the defendant
Click here to view and/or print the
theadefendant
not that
personally
bring such
objection tocould
the additional
time period.
hasevidence
not beenwas
brought
to
trial
within
365
days,
because he was being held in
full notes section for this article.
* At the security
Rule 600
hearing,
after
the
defense
themaximum
Commonwealth
bears
the and
burden
of proving
lockup
it also
went to has
made
prima
showing
that
the pretrial,
defendant
that
they
haveahad
nonetheless
acted
with
diligence.
show
that
thefacie
client
not been
held
has not
been
brought
to trial
within
365
Thishemeans
that
after
the defense
has
made
suchdays,
could
have
obtained
those
items
to exculpate
Katherine Ernst is an
the
Commonwealth
bears
the
burden
of proving
a prima
facieand
showing,
is the Commonwealth
himself;
(3) theitdefendant
was only charged
appellate
attorney
with
the
Katherine
Ernst
is an
that
they
have nonetheless
acted
with
who
should
be required
to
put
on its
evidence
with
misdemeanors,
and
nonetheless,
thediligence.
jury
Montgomery
County
Public
appellate attorney with
means
that
after
the
defense
has made
such
for
three
fullargue
days
and
on some
anddeliberated
theThis
defense
should
only
afterhung
the
Katherine
Ernst
is an
Defender's
Office. She
the
Montgomery
County
counts;
thus,facie
anydone
additional
shred
ofaevidence
a prima
showing,
it is
the Commonwealth
Commonwealth
has
so. Essentially,
Rule 600
appellate
attorney
with the
Public
Defender's
Office.
handles
appeals
from
all
or bit
of preparation
the
who
should
be required
to
putchanged
on
its evidence
hearing
should
proceed
incould
formhave
almost
identically
Montgomery
County Public
handles
appeals
units,She
juvenile
to homicide,
25
of defense
the
case.should
and the
argue
to aoutcome
suppression
hearing.
If the only
judge
asks after
you the
from
all
units,
juvenile
Defender's
Office.
and she also formulates She
Commonwealth
has done so. Essentially,
to argue
prior to the Commonwealth's
evidence,a Rule 600
homicide
and she
also
handles
appeals
from
all
legal to
strategy
for
pre-trial
was
anyou
additional
major
error
in that
should
proceed
inpossibly
form
almost
identically
makeThere
ithearing
clear
that
could
not
argue
formulates
legal
strategy
units, juvenile
homicide,
that
involved
Best
Evidence
Rule,
and trial units. Katherine graduated
MagnatoCum
to
aofsuppression
hearing.
Ifknow
the judge
asks
on case
behalf
your
clientthe
until
you
what
the you
for
pre-trial
and
trial units.
and
she
also
formulates
an error
evenprior
more
to require reversal,
from Loyola
Law School,
to argue
tolikely
theofCommonwealth's
evidence, Laude
Commonwealth's
evidence
diligence is.
Katherine
graduated
MagnaNew
CumOrleans
Laude from
so at oral argument I focused on that issue.
legal
strategy
for pre-trial
in 2007
andLaw
wasSchool,
on lawNew
review.
She
practiced
make it clear that you could not possibly argue
Loyola
Orleans
in 2007 and
Surprisingly,
the judges
themselves
raised
If the
Commonwealth
appears
at the Rule
600 the
units.
Katherine
graduated
Magna Cum
Coren
& Ress
Philadelphia
out
on behalf of your client until you know what the at Kaufman,
wasand
on trial
law
review.
Sheinpracticed
at Kaufman,
issue and
of bail.
wantedany
to talk
aboutthat
it
hearing
doesThey
not present
evidence
Laude
from
Loyola
Lawdid
School,
Orleans
of law
school,
andinthereafter
work
in
the
Coren
& Ress
Philadelphia
out
ofNew
law
school,
Commonwealth's
evidence of
is.
because
facts surrounding
mydiligence
client's
bail
it acted
withthe
diligence-for
instance,
they
did not
in
2007
and
was
on
law
review.
She
practiced
and thereafter
did worklaw
in the
intersection
of horseracing
andintersection
§1983 for aof
denial
were
particularly
The
words
* inIfthe
the
Commonwealth
appears
at
the
Rule
bring
officer
to testifystartling.
to
the attempts
made600
at
Kaufman,
Coren
&
Ress
in
Philadelphia
horse
racing
law
and
Section
1983
for severalout
number of years before following her passion
"concerning"
and
"disturbing"
usedthat that
hearing
and
does
not
presentwere
any evidence
to find
and apprehend
the
defendant-argue
years
before
following
her
passion
indigent
of lawcriminal
school, defense.
and thereafter didfor
work
in the
byhave
aitrather
conservative
panel.
My client,
in did not for indigent
acted
withtheir
diligence-for
instance,
they
not met
burden
because
the they
burden
criminal
defense.
intersection
of
horseracing
law
and
§1983
for a
attendance,
teared
up to
when
one
chastised
bring
in the
officer
testify
tojudge
the attempts
made
of proof
includes
the
burden
of
production
and
number of years before following her passion
the Commonwealth for how he had been
to find
and apprehend
the defendant-argue that
Share
this article
arguments
of counsel
are not evidence.
treated. Even though that client's case may not
for indigent criminal defense.
they have not met their burden because the burden
of proof includes the burden of production and
Vol. 4,Vol.
Issue
9
l For2 The
5, 4Issue
larticle
ForDefense
The Defense
9
Share
this
arguments of counsel are not evidence.
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HEXIDECIMAL

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the
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https://academic.oup.com/jleo/article/34/4/511/5100740 https://academic.oup.com/jleo/article/34/4/511/5100740 https://nxt-staging-books.s3.amazonaws.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue2_2020/src/docs/128151_PACDL_Magazine_Notes_Getting_Your_Client_Released_on_Nominal_Bail.pdf
For the Defense - Vol. 5, Issue 2

Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 2
