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Question about Process

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johnny1969

Junior Member
About two months ago in PA, I was stopped and arrested. I was on probation and was held in county jail for 9 days on a Probation violation. I had my violation hearing and plead guilty to a dirty urine. At that time I had not been presented with new charges. In December I was charged with the new charges, I was sent a letter telling me my preliminary hearing was last week. I had it continued as I do not have a lawyer yet. My question is , how can they already schedule the preliminary hearing when I have not even had an arraignment for the new charges. I know that the new charges were not a part of the violation hearing as the new charges were not filed until December and the violation hearing was in November. So can they just skip the arraignment? Is that even right? How can they just go to the preliminary hearing without even being arraigned on the new charges? Is there something that can be done since this seems like the process seems like they missed the arraignment? Is that enough to get the new charges tossed?

Thanks in advance,
John
"No entity should profit from a person being incarcerated"
 
Last edited:


tranquility

Senior Member
"No company should profit from a person being incarcerated"
Let us change that that no entity should profit. Including government. When the criminal law is designed to give profit to anyone or anything, it is wrong.

As to the rest, you need to put out your state. Most state's require a charge in a certain time.
 

FlyingRon

Senior Member
You need to tell us what state you are in. Criminal procedure differs by state. In some states, if you're not in custody, the prelim can indeed precede the formal arraignment.
 

johnny1969

Junior Member
I am in PA and the issue is I am not and have not been in custody since the charges were files on Dec 15th. Since then I have had nothing except this preliminary hearing scheduled, no arrignment, isn't that wrong, shouldn't there be an arrignment before a preliminary hearing and since there isn't one, isn't this out of process or something?

You need to tell us what state you are in. Criminal procedure differs by state. In some states, if you're not in custody, the prelim can indeed precede the formal arraignment.
 

johnny1969

Junior Member
Let us change that that no entity should profit. Including government. When the criminal law is designed to give profit to anyone or anything, it is wrong.

As to the rest, you need to put out your state. Most state's require a charge in a certain time.
Yes in PA they have two years for what I was charged with. The point is not the charges, my questions is, what about the arraignment? Can they just skip it and go right to the preliminary hearing?
 

quincy

Senior Member
Yes in PA they have two years for what I was charged with. The point is not the charges, my questions is, what about the arraignment? Can they just skip it and go right to the preliminary hearing?
You were not arrested on the new charges and booked, so you do not need to have a preliminary arraignment. You were notified of the new charges in the mail.

Along with the notice of new charges, you received notice of the preliminary hearing, when it will be determined if there is evidence enough to support the charges. Any new charges against you could be reduced at this time or dismissed at this time.

It will be at the formal arraignment when the charges against you are read and you are informed of your rights to an attorney, and when you can plead guilty or not guilty or no contest.
 

FlyingRon

Senior Member
In Pennsylvania, the first hearing is a "Preliminary Arraignment/Preliminary Hearing" held before a local magistrate. Unless you get the charges dismissed at this point for whatever reason (lack of probable cause, etc..), you'll be bailed out and scheduled for the actual Arraignment in Common Pleas court. After that you'll be set for trial (depending on how things are going).

The Prelim is a common place to get a plea bargain or to outright challenge the validity of the charges. Obviously you don't want to go there without an attorney. It appears you did manage to get this continued pending counsel. Get one and listen to him.
 

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