1477 (March 18, 2000).įinal Report explaining the Maamendments to paragraph (A) published with the Courts Order at 34 Pa.B. 3128 (July 6, 1996).įinal Report explaining the Mareorganization and renumbering of the rules published with the Courts Order at 30 Pa.B. Rule 304 adopted Jand November 22, 1977, effective as to cases in which the indictment or information is filed on or after Januamended October 21, 1983, effective Januamended June 19, 1996, effective Jrenumbered Rule 572 and amended March 1, 2000, effective Apamended March 3, 2004, effective July 1, 2004.įinal Report explaining the Jamendments published with the Courts Order at 26 Pa.B. The traditional function of a Bill of particulars is to clarify the pleadings and to limit the evidence which can be offered to support the information. (D) When a motion for relief is made, the court may make such order as it deems necessary in the interests of justice. If further particulars are desired after an original bill of particulars has been furnished, a motion therefor may be made to the court within 5 days after the original bill is furnished. (C) Upon failure or refusal of the attorney for the Commonwealth to furnish a bill of particulars after service of a request, the defendant may make written motion for relief to the court within 7 days after such failure or refusal. (B) The request shall set forth the specific particulars sought by the defendant, and the reasons why the particulars are requested. The request shall promptly be filed and served as provided in Rule 576. (A) A request for a bill of particulars shall be served in writing by the defendant upon the attorney for the Commonwealth within 7 days following arraignment. Please contact us online or call our Cincinnati office directly at 51 to schedule your free consultation.234 Pa. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. Are you or someone you know facing criminal charges? If you know, and even have proof, that you could not have been where the government says you were, then you have a viable alibi defense that may serve as a complete defense to the drug charges against you. Then, you can begin putting together where you were on that date and time. Therefore, by requesting a bill of particulars, you and your attorney can know when the act happened. You and your attorney cannot begin to put an alibi together without knowing when the government is claiming you committed the drug offense. The “when” aspect of a bill of particulars is very important especially if you claim that you did not commit the offense. To obtain information that you may not otherwise be able to get, and.A good defense attorney will file a demand for a bill of particulars in every case for a several reasons: Upon receipt of that motion, the government must then provide that bill of particulars. In order to obtain a bill of particulars, the defendant must request one through a written motion to the court. Further, the government specifies when this supposed conduct occurred. Simply stated, a bill of particulars is a document that states specifically what the government is claiming you did that constitutes a violation of the statute. It is a list, or “bill,” of details, or “particulars,” about the crime of which you have been accused. The phrase might initially sound strange, but the title is actually quite descriptive. One of the first things that your defense attorney in your drug case should do is move for something called a bill of particulars.
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