Legal Question in Criminal Law in Pennsylvania

possession of drug parapherhalia

this is the charge but it is misspelled. any chance of pleading not guilty to the misspelling and getting off


Asked on 3/31/07, 4:54 pm

2 Answers from Attorneys

Brian Zeiger Levin & Zeiger LLP

Re: possession of drug parapherhalia

no

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Answered on 4/01/07, 7:28 am
John Gibson John W. Gibson, Esquire

Re: possession of drug parapherhalia

The misspelling doesn't help. There is a specific rule:

"Rule 109. Defects in Form, Content, or Procedure

A defendant shall not be discharged nor shall a case be dismissed because of a defect in the form or content of a complaint, citation, summons, or warrant, or a defect in the procedures of these rules, unless the defendant raises the defect before the conclusion of the trial in a summary case or before the conclusion of the preliminary hearing in a court case, and the defect is prejudicial to the rights of the defendant."

You may have other defenses, though.

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Answered on 4/02/07, 4:14 pm


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