Legal Question in Criminal Law in Pennsylvania

Criminal Complaints

A police officer received a warrant for a felony charge on a defendant. Six days later the defendant is arrested in another county. Six days later the defendant is extradited back to the county where the warrant was issued. On the day of the defendant's return, the police realize they made a mistake on the warrant; so the police issue a new criminal complaint to the defendant, using the same criminal information from the first complaint. The defendant was never pre-arraigned on the first criminal charges. Five days after the issue of the second criminal complaint the police withdrew the first criminal complaint. Is this legal? Can a defendant have two criminal complaints from the same information filed against him at the same time?


Asked on 11/21/07, 3:34 pm

1 Answer from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: Criminal Complaints

Jeopardy does not attach until either the first juror is sworn if there a jury trial, or the first witness is sworn if there is a bench trial. Once jeopardy attaches, you cannot be re-tried or re-charged unless it is by a different government, like the feds.

In your instant matter, jeopardy never attached so the Cops and DAs office can do whatever they want as long as they are within the speedy trial rules, and they are in your example.

Feel free to email if this didn't help. [email protected].

good luck

brian

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Answered on 11/21/07, 3:51 pm


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