Legal Question in Criminal Law in Pennsylvania
statue of limitation to trial a probable cause case, plaintiff commonwealth of P
First of all, are you required to attend a court trial without even having a hearing first. Also can the trial be postponed because you have not been given adequate time to retain an attorney to represent you. How do you go about asking for a postponement. The trial is in 3 days. This case was filed 11/1999. Thanking you in advance for your response to these questions.
2 Answers from Attorneys
Re: statue of limitation to trial a probable cause case, plaintiff commonwealth
The process is, after charges are filed, there is a preliminary hearing. If charges are held, then there is an arraignment, at which you offer a plea.
After that, depending on the county, there are a variety of procedures. Somehow, the case has lingered for 5 years. If you didn't show up for any of these things, your absence is not relevant. You have to retain an attorney and then the attorney will attempt to get a continuance.
You cannot say that you haven't had adequate time to get an attorney since you've had 5 years to do so.
Re: statue of limitation to trial a probable cause case, plaintiff commonwealth
If you retain counsel, the counsel has the best shot of getting the continuance. If proper notice was given for pre-trial events then your absence at them is irrelevenat. I would strongly suggest that counsel be obtained immediately. I offer free consultations.
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