Legal Question in Criminal Law in Pennsylvania

Narcotics Charge - but no evidence

I was arrested this summer (intent to deliver, man controlled substance, conspiracy via cell phone). I never received lab report or discovery, co-defendant received a lab report with a big X over it, making it seem inadmissable. He was forced into taking a deal, I am not taking a deal because there is no lab report, no marked money that they spoke of in the affadavit, phone wasn't mine, no physical description (they said black male describing me, but had specific descriptions with others), searched the car w/out a warrant. When they arrested me, they drove past my house and the undercover car was parked outside. The agents told me that they were in the house. They had no search warrant. I received excessive calls from agent trying to set up buy. They wanted me to take a deal multiple times, but didn't want to drop significant charges. They tried to force me now to take property back, and had planted a small plastic bag with my stuff. The evidence/property form was also altered. I filed motions per se to dismiss, for reduction of bail (it was 160K, 10%). I am now awaiting my pre-trial, as motions have set me back to this stage. What is your opinion of this?


Asked on 1/24/07, 10:59 am

1 Answer from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: Narcotics Charge - but no evidence

If your case is listed in philadelphia county a lot has to do with the room in which your case is listed. You should weigh your chances of winning against what is your expected sentence if you loose and make your decision based on that. Also, your reading of the discovery, both police reports and lab reports may be different then your lawyer. Obviously, you always have the right to fight and to rumble. If you want to fight, just tell your lawyer you want a fight.

Feel free to email [email protected]

Goodluck

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Answered on 1/24/07, 12:17 pm


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