SUPERIOR COURT OF PENNSYLVANIA REMANDS CASE OF MAN CONVICTED OF POSSESSING FIREARMS AND SEVERAL POUNDS OF MARIJUANA DUE TO SPEEDY TRIAL VIOLATION; CHARGES DISMISSED ON REMAND

Attorney Noel successfully appealed the convictions of a man convicted of illegally possessing firearms and several pounds of marijuana on the grounds that he was not brought to trial in a speedy manner.  Attorney Noel’s client fled from the arresting officer, was not charged until two years later, and was not brought to trial until over four years later despite the fact that his identity was known.  Attorney Noel’s client filed a pretrial motion alleging violation of his right to a speedy trial, which the trial court denied.  The trial court reasoned that the Commonwealth did not have to exercise due diligence in bringing Attorney Noel’s client to trial because he fled from the arresting officer.

Attorney Noel argued on appeal that the Commonwealth was not relieved of its duty to exercise due diligence in bringing her client to trial in a timely manner.  The Superior Court agreed and remanded the case for a due diligence hearing.  Attorney Noel provided representation at the remand hearing and successfully argued for all charges against her client to be dismissed.