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.


Asked on 11/29/04, 8:32 pm

2 Answers from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

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.

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Answered on 11/30/04, 4:29 pm
Mark Johns Mark Johns, Esquire

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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Answered on 11/29/04, 9:38 pm


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