Legal Question in Criminal Law in Pennsylvania

Filing errors at magistrate violated my rights.

On 07/24/05 I received a citation for disorderly conduct for fighting. I do not believe I am guilty. The police officer told me to see the magistrate within 10 days if I want to plead not guilty. The back of the citation says the same thing.

On 08/01/05,8 days later,I take my citation to the magistrate and tell the clerk I would like to enter a not guilty plea on the citation. She tells me they have no record of my citation. When they do, they will mail something to me. On August 8, I still have not received anything in the mail. I go back to the magistrate and ask if they have a record of it so I can plead not guilty. She says no record.

A couple weeks later I find out that the co-defendant has recieved his fine in the mail, but I still have not. The back of my citation says I may send a check or money order to the magistrate in the amount specified in ''item 28''. There is no amount listed in that space, so I could not pay the fine even if I wanted to. So I decide to wait until I get something in the mail to take any further action.

Today, 09/14/05, constable comes to my job with a warrant. Police didn't file citation until 8/12/05. I pay fine to avoid arrest and they say it's too late to plead not guilty. More to story...

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