Legal Question in Criminal Law in Pennsylvania
Procedures
Is it tre at the formal arraignment at a criminal proceeding if the paperwork or evidence is not ready, after the third hearing the case has to be thrown out as long as your attorney did not postphone any hearings?
2 Answers from Attorneys
Re: Procedures
If there is a formal arraignment, then this means that the "information" has been filed and that the state is proceeding to trial.
I suspect that what you're talking about isn't a formal arraignment, but rather a preliminary hearing. Whether something is dismissed or not is up to the Magisterial District Judge in this situation. If the Magisterial District Judge does dismiss it, though, the police may refile.
Re: Procedures
Your attorney would need to request a dismissal, however, this is up to a judge. Simply because you request a dismissal does not mean you will get it.
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Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law
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