Consequences of Long Incarceration As a Result of Delay In the Start of the Trial
In Campbell, the appellant remained incarcerated for more than five months before the trial court found him guilty of making a terroristic threat.
This court determined that Campbell was prejudiced by the delay; therefore, the judgment of sentence was vacated and Campbell was discharged.
This court further held:
We do not hold that any and all violations of Pa.R.Crim.P. 1122 will require that a defendant be discharged.
It is highly unlikely that a delay of only a few days between trial and verdict would result in substantial prejudice to a defendant.
Even a delay of several months may not be prejudicial where a defendant is free on bail while the trial court considers its verdict. Campbell, 625 A.2d at 1221.