Legal Question in Criminal Law in Pennsylvania

my daughter is up on an alleged drug charge of poss. with intent to deliver (4) $20 bags of heroin (M) and criminal use of communication facility (F3). suspose been set up by a ci and undercover cop to make the buy. set her bail @ $25,000 straight. the uc saw ci make the call but never heard conversation and didn't even knew who she was at the arraigment (possible case of misidenty?) anyways the question i have is she was at her pre-lim today 3rd time the date has been changed and the uc never showed up so asked her publi defender to have the case dismissed -cuz we waited for an hour + plus for him to show up and mind u the magristrate never said a word about the uc not coming until he came in to make a his decision and since my daughter also said she did not want to waive it to court the magristrate says we are not dropping it because oh yea he called yesterday and said he wouldn't be able to make it , well my question is if he knew this why would the mag. continue to go thru all the trouble of having the sherriff bring my daughter to this hearing instead of continuing hearing to another date, should this case have been disposed of today?


Asked on 10/23/12, 2:41 pm

1 Answer from Attorneys
Michael Kotik Lawyer Michael Kotik | Criminal Lawyer

Response by Attorney Michael Kotik, Esq. of Philadelphia, Pennsylvania.

It was up to her lawyer to raise the issue of the officer not being there. Although, the judge has discretion to do what he wants to do, her lawyer should made that argument to the judge.

The reason they brought her down was because they never took her of the list.

It's hard to say if the case should have been dismissed or not, because only her lawyer would be able to tell you that for sure.

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Answered on 10/25/12, 3:49 am


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