Legal Question in Criminal Law in Pennsylvania
appealing from priminay hearing
my boyfriend is in jail for 3 charges of intent to deliever(he aledged sold 40 of crack to a CI. He wasn't on recorded doing it but at he's district court hearing the judge found him guity. He appealed...next hearing in oct, he got a letter from he's public defender saying at the next hearing you don't need to bring any witnesses or evidence. Why would he say that?? Why don't public defender try to help people out and try to get everyone to take a guity plea??? What's going to happen at this hearing??If, I hired an attorney...how much would it cost to make this nightmare disappear???
2 Answers from Attorneys
Re: appealing from priminay hearing
the next court date is an arraignment. nothing happens at that court date except paperwork. why would he need witnesses? as far as the pd 'making' him take a deal, all he has to say to his pd is that he wants a trial and the pd will give him one. as far as price goes, i can't quote you a price without knowing more about the case. email me at [email protected] and we can talk about the case and i will try to help. good luck. brian.
Re: appealing from priminay hearing
You cannot appeal from a preliminary hearing. After a thorough hearing, the DJ can either hold the case (some or all of the charges) or dismiss it. It sounds like your b/f at least wen tthrough with the hearing. Hopefully, there was a court reporter recording the testimony.
The next step is a formal arraignment which occurs, in Allegheny County, approximately 2 months after the preliminary hearing. Both the FA & pretrial conference are calander control dates. No witnesses are needed for either.
Witnesses are needed for trial. They need to be interviewed and prepared for trial. Also, pretrial motions may need to be filed and resolved prior to trial. Drug cases with CI's often involve events that may draw into question teh admissibility of the evidence agaisnt your b/f.
Give me a call so that we can more fully discuss you & your b/f's options.
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