Legal Question in Criminal Law in Pennsylvania
Simple assault
I found my wife in the mall parking lot with another guy, in my truck. I pulled them both out of my truck and locked the doors. I did have a short axe handle in my hand when I did this. I did not hit anyone, but witnesses called police. My wife,or the guy,would not press charges,but I was arrested anyway, and spent the night in jail, with $25,000 bail.Simple assault,terroristic threats,didorderly conduct,and harrassment,were the charges. I no time did the police read me my rights, they had the wrong address and the wrong social secruity number. Will these errors be enough to have the case dismissed, or thrown out?
2 Answers from Attorneys
Re: Simple assault
The answer to your question depends on what the cops obsevered. Did they see you with the axe handle? Did they see you threaten anyone? is your wife going to testify againat you? if the cops did not observe any you threaten anyone, and no witnesses show up in court to testify against you, you might be ok, but you never know? feel free to email or call?
Re: Simple assault
At one time, the answer would be yes. However, since the 80's, the defects are not enough. There is a specific rule of Criminal Procedure:
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.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
