Legal Question in Criminal Law in Pennsylvania

Case of Coke

My boyfriend has been locked up since January for $200 worth of coke. The drugs were not found on him, but the cops said that they saw him give someone a handshake. When they stopped the person that they saw him deliver to, he had one bag of coke. Coke was found in the area, but not on him (he was still charged with it). Can that really hold up in court? The ''customer'' could have gotten it from someone else, right? Also, he has a detainer on him due to the fact that he was on probation for prior charges of aggravated assault. He had a trial set for June 19, 2009, but all the cops were not present, so another trial date was set for September 17, 2009. July 12 marked his 180th day in jail, shouldn't his case be dismissed under rule 600? Rule 600 states that ''If, at any time, it is determined that the Commonwealth did not exercise due diligence, the court shall dismiss the charges and discharge the defendant''. Did the Commonwealth not violate this rule by not showing up to court?


Asked on 7/14/09, 7:01 pm

3 Answers from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: Case of Coke

rule 600 has many sections. rule 600g gives the DA 365 days before they have to bring the case to trial or else the case should be dismissed; this is similar to what you wrote about in your email, but it is 365 not 180.

rule 600e says that a person may not remain in custody for more then 180 days on the case. that means the person can get released from custody, but the case is not dismissed. usually, this is referred to as the house arrest motion because when the person is released they are put on house arrest.

clearly, your boyfriend would win a 600e motion to get released to house arrest. however, the detainer would hold him.

therefore, you need to get the detainer lifted, then do the 600e and get him out on house arrest.

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Answered on 7/14/09, 8:22 pm
Piyush Seth Tucker Arensberg, P.C.

Re: Case of Coke

This is not my practice area. I would be happy to refer you to an appropriate criminal attorney.

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Answered on 7/14/09, 8:31 pm
Michael Berman Law Offices of Michael A. Berman

Re: Case of Coke

Ask his public defender these questions...obviously, he is represented by an attorney and that is who should discuss the case with you.

I am a private criminal attorney who has been practicing in Philadelphia since 1991. If a client, clients family or someone who should know asks me about a case, I answer.

Mike

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Answered on 7/14/09, 11:10 pm


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