Legal Question in Criminal Law in Pennsylvania

False charges

my son's fiance is being accused of stealing money from a co-workers purse, though no-one witnessed this. i know she didn't. The cop states due to financial hardship, she is guilty! she works part-time & my son is a student. My wife & I pay rent, utilities, etc. all bills. she is 9 months pregnant & was ''made'' to go to the station late at night to be ''interviewed'' the cop said ''you have to sign a statment of guilt'' or else. also stated if she contacted the store, or even went to the mall, she would be charged with tresspass.

he said ''he administerd a lie-detector test on the girls'' and believed them, but told fiance she was not allowed to take one. also stated, he talked to the judge, and was told he has enough to arrest her, right after she has the baby. keep her overnight and go to the court the next day for sentencing. told her that if she gave him the money, he would drop the investigation. I live & work in WV. & again, can prove they have NO financial hardship.


Asked on 3/24/07, 1:15 pm

2 Answers from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: False charges

The process that your daughter-in-law went through is outrageous. The story is so bizarre that I actually find it hard to believe. If this is actually what occurred, you should contact someone in your town government not associated with the da or cops and report this behavior. Is the police station in PA or WV?

Good Luck. Feel free to email or call, Brian.

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Answered on 3/24/07, 2:52 pm
John Gibson John W. Gibson, Esquire

Re: False charges

Was this in Pennsylvania? It sounds very strange. I hope that she did not sign anything. In the past I've had some strange cases like that but with security guards, not police, at least not in the past 20-25 years.

As far as criminal procedure this is not normally what happens. What happens in Pennsylvania is that you are taken before a Magisterial District Judge (more commonly called JP's or formerly District Justices) who does a Preliminary Arraignment if you are arrested without a warrant. Since this was a misdemeanor not committed in the presence of the officer he would not be authorized to arrest her without a warrant. That means the case would be initiated by a Criminal Complaint and the Magisterial District Judge would set a date for the Preliminary Hearing. Even if the property was less than $50.00 it is a misdemeanor of the third degree because it was not from the store but from a co-worker's purse and no Magisterial District Judge has authority to reduce a charge of theft to a charge of retail theft. There is no procedure for sentencing on a Misdemeanor without a Preliminary Hearing.

At the Preliminary Hearing the Magisterial District Judge hears the evidence to determine if the prosecution can make out a prima facie case. He has to believe the prosecution witnesses but there must be sufficient admissible evidence of the elements of the particular crime. From your account it sounds as if there is not.

If the case is in Pennsylvania please feel free to call or e-mail to discuss it further. If it was in West Virginia, then you should consult a West Virginia attorney.

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Answered on 3/24/07, 2:53 pm


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