Can this case be dismissed if co-defendant is in custody was not brought down to court?
Asked on Dec 16th, 2015 on Criminal Law - Pennsylvania
More details to this question:
My fiancé's co-defendant was not brought down from a different prison for preliminary hearing twice now. How many times can this happen? Also the DA doesn't want to separate their cases.
It depends on how patient the District Justice is. I have seen this happen-prisoners not brought in from prisons. If I was the judge I think once or twice is permissible, but the third time, I would dismiss the case and tell the Commonwealth to refile-they can always refile.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.