Asked 10 months ago - Murrysville, PA
FlagBasically, police executed a search warrant on an apartment. The search warrant application was recieved with the help of a ci and the supposedly surveliance (no photos, no video, no audio nothing, no dates no times) for the supposed buys that occured inside a apartment. Anyways, the police then searched the apartment siad they found stuff (this stuff was never shown to the defendant). The police then told the Def, that he was not under arrest and they left. The Def was never given notice of a hearing or was given a copy of the criminal complaint. They then had a hearing months later, and filed for a fugitive warrant. This Def filed change of address and still resided in the county where the "crime happpened. Is there a Rule 600 violation in that that the Def was never served.
Some vital information seems to have been left out. That makes this rather confusing. You need to sit down with an attorney and discuss this in depth. Rule 600 is much more limited than most defendants realize. It is very fact specific. Make sure you have an attorney assist you.
Michael L. Doyle
(215) 900-5565
Unless it has been more than a year since the criminal complaint was filed, Rule 600 will be of little help to you. As for how many days could be chargeable to the Commonwealth, that is a very fact-specific question which you should discuss with your attorney.
Also note that I please officer conducting surveillance is not required to take photographs or video tape anything. He/she can take the stand and testify as to their observations. Of course, like all testimony it will be subject to cross examination and the judge or jury will determine credibility.
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