QUESTION

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.
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
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.
Answered on Jan 07th, 2016 at 3:42 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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