lobster1979
Junior Member
What is the name of your state? Pennsylvania
Hi I had written before but can not allocate the thread I had started around March. So here is everything again.
To review, I had been charged, sentenced and incarcerated on 2 counts of F3s for Burglary; Something I am definitely not proud of and have since learned from. Then I got another charge from what they found in one of my CDs that they confiscated due to my first charge, Burglary. The officer took my computer, CDs/DVDs (labeled and non-labeled). Apparently they found 4 pictures out of thousands that were inappropriate and 2 videos out of hundreds that were questionable that were scattered through 14 DVDs, referring to pornography. My computer was found to be clean of the questionable material. I had my preliminary hearing on 9/04/03 for the questionable material and denied dismissal of charges and hearing was set for sometime. I was sentenced and incarcerated for the Burglary charges 11/13/03 and was released 03/25/04 due to good behavior. While incarcerated I was told I would be going to court 4 times, but the court never called me down. Then I was released in late March.
After my release I was on Parole til 10/30/05. Then this past December I got a call from my Public Defender stating that I have a bench warrant open from December of 2003. I was still in jail on December of 2003. He also stated that since it has been over 365 days since complaint was filed that I am eligible to file for dismissal of charges on the grounds that my right to speedy trial was violated. <<A little side note. I have different lawyers for each case. Burglary was a paid lawyer and the case concerning the disgusting questionable material is a Public Defender.>>
I just recieved a letter stating that I have a hearing the day after tomorrow, July 26th 2007, because my Public Defender had filed for a Motion to Dismiss on my case. Now what exactly does that mean. Is the motion to dismiss for the bench warrant or the charges? In the letter all it states is that my presence is required. Also could I be put in jail if I am denied the motion to dismiss? And last, how likely is it that I would be granted the motion to dismiss charges?
I know everything I have typed may be disorganized but I am pretty nervous now. I mean I have lived a decent life since my release and I have even started a business of my own that is doing semi well. I have got financial responsibilities that can not go ignored. So, even though it is highly unlikely that I would be found guilty if this case does go to trial it's not a 100% guarantee that I will be found innocent of the charges either since the Judiciary System is not perfect, it's the best we've got but it is definitely not perfect.
Hi I had written before but can not allocate the thread I had started around March. So here is everything again.
To review, I had been charged, sentenced and incarcerated on 2 counts of F3s for Burglary; Something I am definitely not proud of and have since learned from. Then I got another charge from what they found in one of my CDs that they confiscated due to my first charge, Burglary. The officer took my computer, CDs/DVDs (labeled and non-labeled). Apparently they found 4 pictures out of thousands that were inappropriate and 2 videos out of hundreds that were questionable that were scattered through 14 DVDs, referring to pornography. My computer was found to be clean of the questionable material. I had my preliminary hearing on 9/04/03 for the questionable material and denied dismissal of charges and hearing was set for sometime. I was sentenced and incarcerated for the Burglary charges 11/13/03 and was released 03/25/04 due to good behavior. While incarcerated I was told I would be going to court 4 times, but the court never called me down. Then I was released in late March.
After my release I was on Parole til 10/30/05. Then this past December I got a call from my Public Defender stating that I have a bench warrant open from December of 2003. I was still in jail on December of 2003. He also stated that since it has been over 365 days since complaint was filed that I am eligible to file for dismissal of charges on the grounds that my right to speedy trial was violated. <<A little side note. I have different lawyers for each case. Burglary was a paid lawyer and the case concerning the disgusting questionable material is a Public Defender.>>
I just recieved a letter stating that I have a hearing the day after tomorrow, July 26th 2007, because my Public Defender had filed for a Motion to Dismiss on my case. Now what exactly does that mean. Is the motion to dismiss for the bench warrant or the charges? In the letter all it states is that my presence is required. Also could I be put in jail if I am denied the motion to dismiss? And last, how likely is it that I would be granted the motion to dismiss charges?
I know everything I have typed may be disorganized but I am pretty nervous now. I mean I have lived a decent life since my release and I have even started a business of my own that is doing semi well. I have got financial responsibilities that can not go ignored. So, even though it is highly unlikely that I would be found guilty if this case does go to trial it's not a 100% guarantee that I will be found innocent of the charges either since the Judiciary System is not perfect, it's the best we've got but it is definitely not perfect.