Legal Question in Criminal Law in Pennsylvania

Biased police investigation

My husband was arrested on charges of attempted abduction. He was arraigned the same night and was not given a public defender. The detectives say they have witnesses against my husband but no one has questioned the witnesses that can substantiate his alibi. Is this legal?


Asked on 3/15/09, 6:13 pm

2 Answers from Attorneys

Re: Biased police investigation

Mr. Johns is correct. Let me also add that your husband has a right to counsel at his preliminary hearing, and he should not waive that right. If he is unable to afford an attorney, the court must appoint one on his behalf. The defense attorney is the one who will gather up the alibi witnesses and whatever other background information exists to substantiate the alibi.

The police very often do not complete a full investigation. They obtain the evidence that is easiest for them to obtain, and once they have 'enough' evidence that the DA can bring charges, they will have 'cleared the case' and can now move on to other things. It's a shame that it works this way sometimes, but that's why we have a justice system with all of its protections.

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Answered on 3/16/09, 9:09 am
Mark Johns Mark Johns, Esquire

Re: Biased police investigation

Your husband will have a preliminary hearing in the near future. There the evidence against him will be tested to see if there is probable cause he committed the offense.

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Answered on 3/15/09, 7:22 pm


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