COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY – CRIMINAL DIVISION
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COMMONWEALTH OF PENNSYLVANIA :
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vs. : NO. ______
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______:
Defendant :
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ORDER
AND NOW, this ______day of ______, 20______upon consideration of the Motion by the Defendant for a Continuance and the Defendant’s waiver of Rule 600, it is hereby ORDERED that the case is STRICKEN from the criminal trial list, that the continuance is GRANTED, and that the period of time from this date to ______shall be excluded from the calculation of the number of days during which the Commonwealth must bring the Defendant’s case to trial pursuant to PA.R.Crim.P.600.
BY THE COURT,
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COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY – CRIMINAL DIVISION
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COMMONWEALTH OF PENNSYLVANIA :
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vs. : NO. ______
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______:
Defendant :
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MOTION FOR CONTINUANCE
CHARGES: ______
______
______
DEFENSE COUNSEL: ______
This is the (first/_____) Motion for Continuance by any [arty
AND NOW, this ______day of ______, 20______.
______hereby moves the Court to continue the trial in the above matter to the next term of Criminal Court for the following reasons.
______
______
MOVING PARTY
______
COUNSEL FOR MOVANT
Original – Court File
Copy 1 – Defense Counsel
Copy 2 – District Attorney
COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY – CRIMINAL DIVISION
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COMMONWEALTH OF PENNSYLVANIA :
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vs. : NO. ______
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______:
Defendant :
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WRITTEN CONTINUANCE
WAIVER OF RULE 600
You are present before this Court because ______, your attorney, is requesting that the Court continue your case, that is to postpone the trial of your case to the next trial session of the Court, and indicates that you are willing to waive or give up all rights granted to you under Rule 600 of the Pennsylvania Rules of Criminal Procedure to obtain such postponement. It is necessary that I am sure you understand the rights you are waiving.
The United States Constitution and the Constitution of Pennsylvania confers the right of a speedy trial upon any person accused of a criminal offense. This right has been implemented by the Pennsylvania Supreme Court in Rule 600 of the Rules of Criminal Procedure. That rule requires that the trial of your case commence no later than 365 days from the date of which the complaint was filed against you. The record indicates the complaint in your case was filed ______, so that you are entitled to have your trial begin no later than ______. If trial is not commenced before then, you are entitled to have the charges dismissed.
Rule 600 also provides that if you are incarcerated for a period in excess of 180 days as a result of the charges against you, without being brought to trial on those charges, you are entitled, upon filing of the necessary petition, to immediate release on nominal bail.
If the Court grants your application for continuance, the time over which your case is continued will be excluded from the calculations of the deadlines previously stated on this application; and those deadlines will be extended.
The right of a speedy trial is a very important constitutional right. Before I accept your waiver of that right, I have to be satisfied that your waiver is made voluntarily and that you understand what you are doing.
Please answer fully all of your questions on this document. If you do not understand any questions, do not answer that question. If you do understand the question, you should answer “yes” or “no”. Where general information is requested, please answer fully.
- What is your full name? ______
- Are you the defendant in this proceeding? ______
- Do you understand your right to a speedy trial? ______
- Do you have any questions about that right? ______
- Did your attorney explain to you your right to a speedy trial in substantially the same terms that I did? ______
- Did anybody promise you anything to get you to waive or give up your right to a speedy trial? ______
- Did anybody threaten you or coerce you in a fashion to get you to waive your right? ______
- Is your waiver of a speedy trial then, a product of your own choice and your own free will? ______
- Have you discussed this waiver with your attorney? ______
- Do you agree with your attorney that the trial of your case should be postponed to a later date? ______
- Do you understand if the Court grants your application for continuance, the time over which your case is continued will be excluded from the calculations for the deadlines previously stated on this application? ______
- Do you completely understand all of the instructions, terms, provisions, questions, and answers of this written continuance colloquy form? ______
- Does Counsel for the defendant assure the Court that so far as you know, no assurance or understandings have been given to the defendant which are different or contrary to what we have discussed here in Court? ______
DEFENDANT’S WAIVER OF RULE 600
I am presently free on bail. I have been advised and I understand that under Rule 600 of the Pennsylvania Rules of Criminal Procedure my trial should have begun on or before the 365th day from the date the Criminal Complaint was filed against me. I am aware that I may move for dismissal of these charges if my trial does not begin within 365 days from the filing of the Criminal Complaint.
I have been advised that by signing this WAIVER I am waiving or giving up my right to be tried within 365 days and I am agreeing that my trial may begin after the 365th day. I further understand that the period of time from this date until the date set for trial by the Court shall not be counted in computing the 365 days.
I am charged with a crime/ crimes for which I am presently incarcerated. I understand that I have the right under Pennsylvania Rule of Criminal Procedure No. 600 to be tried on such charges on or before the 180th day from the date the Criminal Complaint was filed, and, if not so tried within the 180 days, I have the right, upon petition, to be released on nominal bail to await my trial.
I have been advised that by signing this WAIVER I am waiving or giving up my right to be tried within 180 days and I am agreeing that my trial may begin after the 180th day. I further understand that the period of time from this date until the date set for trial by the Court shall not be counted in computing the 180 days.
I have also been advised and understand that by signing this Motion for Continuance, I am giving up my right to be released on nominal bail after the expiration of 180 days.
I have not been made any promises by the Commonwealth nor have been forced to sign this waiver. I read and write the English language and I have attended school to grade ______. I have reviewed this waiver with my attorney.
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Defendant Date
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Attorney for Defendant
CERTIFICATION BY DEFENSE COUNSEL
I certify to this Court the defendant has read each and every paragraph of this petition and that I have explained each paragraph to him; that defendant has read and signed the Waiver of Rule 600; that his continuance request is being entered in accordance with my advice to defendant; that I have discussed the facts and circumstances surrounding the charges with the defendant; that I have explained the elements of the charges to the defendant; that I have explained all rights that the defendant will be waiving if the continuance is granted; that in my opinion this request is being made knowingly, voluntarily, and with full understanding of the charges and possible consequences of the continuance; and that the defendant is not suffering from any mental impairment. It is, therefore, moved that the Court accept the defendant’s continuance request.
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Defense Counsel