Commonwealth v. Jones

JOHNSON, Judge.

In this appeal, we are asked to determine whether the trial court erred in denying Michael Jones’s writ of certiorari where Jones was not brought to trial within the 120-day time period prescribed by Pa.R.Crim.P. 6013(a)(2). Because we find that the Commonwealth failed to establish that it acted with due diligence in bringing the case to trial, we reverse and remand this matter to Municipal Court with directions to discharge Jones.

On September 15, 1994, Jones was arrested and charged with violations of the Uniform Firearms Act. Jones was arraigned the following day. On November…