Legal Question in Criminal Law in Pennsylvania

curious

I had a preliminary hearing today,

when i my arresting officer arrived

he asked me to step outside with

him, while we were outside he

seemed like he was trying to get me

to waive all my rights and have to

case automatically go to county

court. During the hearing i waived

my rights to an attorney and wanted

to let the judge determine whether

or not the case should go to the

county court. When i told the judge

what i wanted to do my arresting

officer shot me over a look. Then the

officer told the judge he wanted to

continue the case because his

witness did not show. Is the

arresting officer allowed to speak to

me before the case is closed? I feel

as if he was trying to convince me to

waive all my rights.


Asked on 3/17/09, 9:46 pm

1 Answer from Attorneys
Michael Murphy The Law Offices of Jerry Foley

Re: curious

Yes, the officer can speak to you at the hearing. A preliminary hearing is an opportunity for you to test Commonwealth's evidence against you. In somes instances it is better for defendants to waive the preliminary hearing, however based on your question, it seems the officer could not prove his/her case without the witness who failed to appear. You should have asked the judge to proceed and dismiss the case. E-mail me at [email protected] if you would like to further discuss this matter.

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Answered on 3/18/09, 3:51 pm


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