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Accused of cheating in the casino at philadelphia and pennsylvania

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supomono

Junior Member
What is the name of your state (only U.S. law)? NY

My relative lives in new york. He was arrested/detained in Pennsylvania correctional facility on Nov 5, 2010. I was told on Nov 8th that he was being charged in 2 states, PA and Philly. PA has officially charged him and told us that we have to post a $5000 bail. The next day, Nov 9th, the court told me that the bail was dropped and we didn't need to post bail anymore and that he was released, (probably still needs to show up for a hearing later) but cannot leave yet. The reason is because Philadelphia is also accusing him of cheating but did not formally press charges yet. People from the correctional facility and court told me that the Philadelphia Sheriff will have to come pick him up from Pennsylvania and transport him over. The problem is that they have not yet transport him over there and they cannot tell me because it is confidential. Today is NOV 12th, exactly 1 week since he was arrested/detained in the correctional facility. Keep in mind guys that Philadelphia did not press charges yet and PA have already released him. How long can Philadelphia or Pennsylvania keep my relative detained without pressing charges on him at this point? It's definitely way passed 24-72 hours in custody. Plus, my relative is a minority which makes it harder to communicate with the people there.... they couldn't even help my relative set up a visitation list..

Philadelphia sheriff did not pick up my relative up from Pennsylvania and have not yet press charges on him, so the question is how long can they keep him in the Pennsylvania facility without any charges pressed on him?

Is it even legal? it's been 1 week already. thanks guys please provide feedback asap
 
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FlyingRon

Senior Member
Philly is not a state, it's a city in Pennsylvania. I can't make heads or tails of your post. Recommend your friend get a lawyer.
 

BOR

Senior Member
Philadelphia is a city in Pennsylvania, the Couty Seat of Philadelphia County, basically one in same, as New York County consists of just Manhattan, etc.

Barring that, you assume that both Philadelphia and the State of Pennsylvania can charge for the same crime, they can't. A State and a subdivision are the "same sovereign" for Double Jeopardy purposes, so it will be one or the other.

The COUNTY of Philadelphia, IS the state charging. I am assuming it was a felony amount as Cities can not pass or prosecute felonies.

Unless it is two distinct crimes arising out of seperate transactions, I don't know what they are charging?

The city itself can enact and prosecute misdemeanors, yes.
 
since you are not the one being charged, I dont know if you know all the facts involved. If it were me, I would stay clear from this until its resolved.
 

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