Legal Question in Criminal Law in Pennsylvania
my husband
they are trying to charge my husband for 1 count for posseson of a controlled substance and 1 account of criminal sale on the word of an informant from something they say happened in june. when they arressted him yesterday he had nothing on him. they took his sisters money and basicly want to know how can they do that and how can they prove it was him he was in erie pa at the time they also already offered him 1year in jail and 1year on probation please help
2 Answers from Attorneys
Re: my husband
They are not "trying" to charge your husband, they already have. You want to know how they can do what?
They can prove it was him if the informant says that it was him. If he was in another city at the time they say it happened, then he has an alibi defense.
You need to talk with an attorney asap so that your rights to assert the alibi defense aren't waived.
Re: my husband
Chances are your husband is facing a delivery charge because a Ci "confidential informant" allegedly purchased drugs from him. There is no problem with the delay in filing the charges from teh prosecutions standpoint, unless it was done to gain a tactical advantage.
He needs to remain silent an get an experienced attorney. If he can not afford an attorney, he should go to the public defender's office in the county where the crime allegedly occurred. I handle cases through western & central PA every day. Give me a call if you have additioanl questions or concerns.
They are not arresting b/c he has drugs on him at the time of the arrest. There was an ongoing investigation that your husband, somehow, became wrapped up in. An affidavit of PC contained in th ecriminal complaint should help shed some light on his situation.
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