Legal Question in Criminal Law in Pennsylvania

McBride / Two Preliminary hearings

I have had two preliminary hearings because all (4) charges were dismissed at first prelim, while at second, the plaintiff / witness changed her story on four seperate occasions and arresting officer, the person who resubmitted charges (along with the additional charge that was dismissed because of lack of jurisdiction) also admitted to not doing a fair and proper investigation. Lead charge is forgery, other charges are rec'g stolen property & theft by unlawful taking & deception, additional charge was criminal use of communication facility, namely a fax machine. Charges are being pursued in Bucks County , Pa while alleged document was created in Mercer County NJ along with location of fax machine, alleged fax was sent to Montgomery Co. Pa. The arresting oficer admitted to not knowing location of fax machine b/c of not performing an investigation. The changed testimony at 2nd prelim resulted in an arrignment. How do I make this information known before trial. I have ordered transcripts of both hearings. Should I pursue the jurisdiction issue or will I have enough of an argument pursuing the changed testimony, the comments that were changed to acheive trial?


Asked on 7/30/08, 6:58 pm

1 Answer from Attorneys
Leslie Ditlow, Esquire Leslie F. Ditlow, Esquire

Re: McBride / Two Preliminary hearings

You have two viable arguments based on the information you have presented. Having practiced primarily in Bucks County, PA my entire career, this is procedurally what will happen. About 1 month after the 2nd preliminary hearing, you will be scheduled for formal arraignment to take place in Doylestown. If you have an attorney, you do not have to attend because the attorney can waive your appearance, enter a plea of not guilty and advise you (assuming you don't already know) of what charges have been held over from the DJ level. After the formal arraingment, whether you attend or waive if you have an attorney, your attorney can file for discovery. With the discovery in hand and the transcripts from the 2 preliminary hearings, your attorney would then prepare and submit an Omnibus pre-trial motion asking for dismissal of the charges on the grounds you have outlined.

If I can be of assistance, please do not hesitate to contact me directly.

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Answered on 7/31/08, 12:59 am


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