I have a current criminal case pending in PA.After I was arrested I was taken in front of a magistrate and bail was set for me as well as a preliminary hearing date.The magistrate said that the preliminary hearing date was to be no less than 3 days and no more than 10 days from my arrest.Now as it stands I will go to see the magistrate on 12/18/07 which is only 7 days from my arrest.I have some information that the magistrate wont be there on the 18th and the hearing will be postponed.So if the hearing is postponed for another week wont that violate the 3 to 10 day rule?And if it does violate that rule can I have the charges dropped or something?
2007-12-16 13:53:49 · 5 answers · asked by kevin m 4 in Politics & Government ➔ Law Enforcement & Police
Here is the deal. You are required to have a preliminary hearing in 3-10 days from your arrest IF you are in jail.
If you made bail and are not presently in jail (I am assuming this is the case since you could type out this email) then the 3-10 day rule is out the window.
The preliminary hearing can be rescheduled any time that fits your, the judges, police, and witness's scheudles.
I have had preliminary hearing that occurred 3 months from arrest (which is ok by the rules as long as the guy is not sitting in jail that whole time).
2007-12-17 03:58:57 · answer #1 · answered by Bob 3 · 2⤊ 0⤋
1
2016-06-13 05:40:23 · answer #2 · answered by ? 3 · 0⤊ 0⤋
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2014-11-16 04:44:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I doubt it. There are always exceptions. Who knows, you may be before a diffrent judge.
2007-12-16 14:02:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Ask your lawyer
2007-12-16 14:05:25 · answer #5 · answered by Sausage Mahoney 5 · 0⤊ 0⤋