For the Defense - Vol. 5, Issue 4 - 8

Discuss
this waiver
with
your client
with daily.
the same
strategy above,
people
in and to fight
mostthe
vulnerable
clients need
usboth
to continue
injustice
that was
gaining
attention
Although Using
formy
statewide
changes,
particularlysuccess
in thewith
area of
not new to
us would
as criminal
defense
practitioners,
seriousness
you
discuss
the waiver
of anya public outside
office have
had tremendous
compassionate
release and just
bail making
and sentencing
consciousness
was30 developing and a new generation Rule 600
constitutional
right.
motions. Oftentimes,
it plainreform.
old and antiquated
rules are being
of young people were speaking up about the events to theMany
Commonwealth
that youpolicies
intendand
to seriously
* Request
discovery
early and
in our
writing.
ThatThis
way,
reexamined
now.
We
need
to
make
our
they were
witnessing
across
country.
allowed litigate
this issue can get you results. It is onlyvoices
one heard.
if the
Commonwealth
failsour
to role
provide
requested
Many of us may have continued anxieties about the
us to
further examine
as defense
attorneys.
weapon in your arsenal, but because a win means
world around us; however, we possess the ability and
How would
we take continuance
this growing will
community
discovery,
any required
be on passion
discharge,
it to
is arise
potent
weapon
should never
agency
above
and bethat
courageous
on behalf of
translate Ifit you
intohave
advocacy
for ourwith
clients?
theand
prosecution.
to follow-up
the This
be overlooked.
our
clients
and
our
legal
communities.
The
legal fallout
felt
particularly
daunting
given
social
distancing
and
Commonwealth about discovery they have failed to
from
the
pandemic
will
be
vast,
from
clients
with
our
disconnect
from
the
system.
Can
we
advocate
for
hand over, be sure to memorialize such requests in
NOTES:
inadequate notice being subject to bench warrants to
change from our couches?
a writing such as an email.
1
clients denied
a speedy
trial.
is no better time
Commonwealth
v. Mills,
162 A.3d
323There
(Pa. 2017).
2
U.S.
C
onSt
.
A
mend
.
VI;
PA.
CONST.
art.
1,
§
9.
than
now
to
re-dedicate
ourselves
to
our individual
This
was
not
the
revolution
we
expected,
but
it
was
* If a continuance is required due to the
3
Commonwealth
v.
DeBlase,
665
A.2d
427,
431
(Pa.
lawyers.
the one we got.
So, we
to work.
We to
attended 4 and collective missions as criminal defense 1995).
Commonwealth's
failure
of went
diligence,
be sure
Barker v. Wingo, 407 U.S. 514, 530 (1972) (articulating the
virtual
meetings.
We
offered
legal
assistance
to
those
put that on the record at the time the continuance
constitutional test); Commonwealth v. Preston, 904 A.2d
protesting. We developed plans for the future. We 1, 10 (Pa. Super. Ct. 2006) (the Barker test is an entirely
is requested. Even if the judge does not rule in
brushed up on pardons. We reached out to past clients separate analysis from Rule 600 and therefore needs to be
your
favor, you have at least preserved the issue for
regarding petitions for expungement and limited raised separately).
appeal.
access. By the time the Court reopened, we had a 5 Pa.R.Crim.P. Rule 600(2)(a); see also Commonwealth
v. Kearse, 890 A.2d 388, 395 (Pa. Super. Ct. 2005) (no
of petitions
ready
to go. to
WeRule
researched
statistics
* All pile
motions
to dismiss
pursuant
600 must
be
endlessly which we knew to be true but felt might " prejudice " need be shown to obtain Rule 600 dismissal).
made in writing.31 File your client's motion after the
mean something more now. Going forward, we will While Rule 600 has a more definitive time period, the sole
focus of Rule 600 is on the actionSyzane
of the Commonwealth.
365-day
period has elapsed. If the trial judge rules
Arifaj is a solo
remain steadfast in educating the Court and anyone Thus, a constitutional argument should
be forwarded
against
you
and
subsequently
the
Commonwealth
practitioner
criminal
who will listen regarding mass incarceration, racial when a delay prejudices a defendant and that serving
delay was
defense
clients
in
Northampton,
causes
another
period
oflong-term
delay, filecollateral primarily caused by the courts.
disparity,
andsubstantial
the short-term
and
Lehigh, and Monroe counties.
a new
Rule 600 motion
based
on this additional
consequences
of criminal
convictions.
We also engaged 6 Pa.R.Crim.P. Rule 600(D)(1).
She previously worked as
our
families,
friends,
and
neighbors.
Some
listened
for
time and litigate it prior to any trial to preserve an
a law clerk
andthe
assistant
the firstto
time.
Click here to view and/or
print
objection
the additional time period.
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#EAC137

About the Authors

* At the
600and
hearing,
afterbegan
the defense
AsRule
society
the courts
to openhas
up in June,
made
prima
facieopportunities
showing thattothe
defendant
we ahad
our first
make
use of the work
done
from our
Our365
advocacy
haswe
nothad
been
brought
to couches.
trial within
days, had new
purpose.
We
needed
to
get
back
in
the
trenches and
the Commonwealth bears the burden of proving
help
our
clients.
When weacted
resumed
hearings, we
that
they
have
nonetheless
withcourt
diligence.
struggled
with
technological
issues
and
ever-changing
This means that after the defense has made such
procedures. However, armed with our renewed passion
a prima facie showing, it is the Commonwealth
and research, we better articulated the positions of our
who
should be required to put on its evidence
clients, particularly the indigent and marginalized.
and the defense should only argue after the
Commonwealth has done so. Essentially, a Rule 600
Future
hearing should proceed in form almost identically
to a suppression
hearing.
If thechanged
judge asks
The pandemic
has forever
ouryou
prospective
to argue
prior
to
the
Commonwealth's
evidence,
on our work and the justice system. The future is
stillitvery
Many not
criminal
defense
make
clearuncertain.
that you could
possibly
argueattorneys
the client
state and
havewhat
beenthe
forced to
on throughout
behalf of your
untilcountry
you know
diversify
their
practices
and
cut
expenses
in
any way
Commonwealth's evidence of diligence is.
possible. For many, this has not been ideal and has
* If the
appears
the Rule
ledCommonwealth
to taking cases they
once at
would
have600
referred out
or learning
newnot
areas
of the
Many of
us worry
hearing
and does
present
anylaw.
evidence
that
what with
a future
" shutdown "
may look
like.not
Despite
it acted
diligence-for
instance,
they did
these
challenges,
we
must
recognize
how
fortunate
bring in the officer to testify to the attempts made
we are
toapprehend
operate in difficult
circumstances and
remain
to find
and
the defendant-argue
that
determined to advocate for those in need.
they have not met their burden because the burden
of proof
includes the burden of production and
As with most things, the indigent and marginalized
arguments
of counsel
are worst
not evidence.
will be hurt
first and
by many of temporary

full notes section forpublic
thisdefender
article.in Monroe

County. Syzane serves as a
dependency hearing officer
for Northampton County. She received her J.D. from
Syracuse University and her B.A. from Moravian College,
graduating magna cum laude. Syzane is a current
member of the PACDL Next Gen committee.

About the Author

Katherine Ernst is an
appellate attorney with the
Montgomery
County
Public his
Brian Jordan
concentrates
Defender's
Office.
She defense
practice
on criminal
andappeals
DUI law from
in Monroe
handles
all County
and
surrounding
counties
units, juvenile to homicide, in
northeast Pennsylvania. Brian
and she
also formulates
is a former Dauphin County
legal strategy for pre-trial
Assistant Public Defender and is
and trial units. Katherine graduated
Magna
Cum Swetz,
a shareholder
at Cramer,
Laude from Loyola Law School,
New&Orleans
McManus
Jordan, P.C., in
in 2007
and wasHe
onislaw
review.ofShe
Stroudsburg.
a member
thepracticed
Pennsylvania Bar and
President of
the Monroe
County
Bar Association.
at Kaufman,
Coren
& Ress in
Philadelphia
out He sits
on
PACDL's
Board
of
Directors
and
resides
in
of law school, and thereafter did work in theNazareth.
intersection of horseracing law and §1983 for a
number of years before following her passion
for indigent criminal defense.

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For the Defense - Vol. 5, Issue 4

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Contents
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For the Defense - Vol. 5, Issue 4 - Contents
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