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Can a case be resolved before the hearing date?

Lehighton, PA |

a friend was charged with agg assault, simple assault, reckless endangerment. he waived his preliminary hearing and now awaiting further disposition. is it possible to expedite the case if all charges are dropped or does he have to wait til his case is called up?

Attorney Answers 3

Posted

The crucial question is why he waived his preliminary hearing. The case is now in the court of common pleas and will be put on a trial list. He must have had an attorney so questions concerning strategy and resolving the case prior to trial should be directed to that attorney.

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Posted

I too am mystified by the waiver of the prelim. Was that done with the "assistance" of counsel? You asking questions about getting the charges dropped; the preliminary hearing is the first and most logical place for that to occur. It is also the time and place where the defensive effort is commenced. Without the representation of a qualified criminal defense, the chances of having the charges dropped after the preliminary hearing are rather slim.

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Asker

Posted

I feel I must be completely open and honest w/you. I am the "victim". He took Abien then drank alcohol. He started acting odd then flipped out and did severly hurt me. He continued his strange behavior not seeming to realize my injuries. He claims he did not know what happened until he was waiting to be arraigned. The police officer also said he kept asking why he was there and had no idea that he hurt me. He has a Public Defender and I honestly believe he didn't understand what he was doing. He's the type of person to avoid confrontation or dealing with issues. I did not file the charges, the state did based on the officer's observation of obvious injury. At the preliminary I was asked if I wanted to continue with the proceedings. I said yes, thinking there would be an offer where I would agree to drop the agg assult but not simple assult. Because he was not in violation of probation related to DUI charges, I assumed he would need to deal with that as well, possibly adding time to his sentencing. He was told I wanted to push this to the fullest extent and just folded, waiving the prelim. The PD never came back with an offer to the state's atty or suggested any other recourse to him. I was also told that I will be forced to testify whether I want to or not and at this point, I have no voice in the manner. What he did was wrong. He did hurt me. However, I believe he was not in his right mind. This drug is known to cause halusinations and irrational behavior. I felt he needed to be held accountable yet also be placed in a rehabilation program. He would be able to go to a VA hospital but only after all court issues are resolved, which he was willing to do. I feel he and I were not properly informed or advised of the options when the possibilities were possible.

William A. Jones Jr.

William A. Jones Jr.

Posted

if you'd like to finish our conversation you can reach me at (412) 551-4960. Enjoyed talking to you.

Posted

To answer your question, a case may be dropped by the Commonwealth at any time. He may have then wait to go in front of the judge to get ride of the case on the record, officially.

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Attorney Michael Kotik, Esq.
Two Penn Center (Philadelphia)
1500 John F. Kennedy Blvd., Suite 220
Philadelphia, PA 19102

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