Delays in Child Porn Case Result in Dismissal

Our client was a 44-year-old on probation and living as a registered sex offender in Allegany County. He found himself facing charges again after an child pornography allegedly identified his IP address.

A search warrant was obtained, and the police found a laptop with hundreds of illicit images of children. This potentially exposed him to 75 years in prison and as a repeat offender, a second strike conviction would result in a mandatory sentence between 25 and 50 years.

With essentially a life sentence hanging over his head, the man contacted Worgul, Sarna, & Ness after he became dissatisfied with his first attorney. The prosecution asked for a few continuances to prepare their witnesses and evidence, but after a few more delays, we noticed the time limit to prosecute the case was close to expiring.

We thoroughly reviewed the case file and confirmed that the Commonwealth had exceeded its one-year time limit to bring a case to trial from the date of arrest. As a result, we prepared a motion based on Pennsylvania Rule of Criminal Procedure 600 or simply “Rule 600” and argued that the case should be dismissed.

The prosecutor objected and made some excuses, but the judge agreed that the delay was unfair. Ultimately, the case was dismissed with prejudice, meaning that the state could not file charges again, and our client was completely free to go.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.