Drug Crimes, Substance Abuse Multiple cases

[Ashley89]

Jurisdiction

Pennsylvania

Okay, this is long and kinda convoluted. I'll try my best. In August of last year, my fiance, who was on parole, drove through a dui checkpoint. He stupidly gave false id, but he was not arrested or charged. He was released, though they did impound the car. The car wasn't his. It belonged to a friend of his, and he was driving it home from a garage. In october, a warrant was issued for his arrest stemming from the dui checkpoint. Among other charges, he got possession with intent to manufacture or deliver and 2 weapons charges as a felon not to possess. Moving on, in February, he was arrested. The police searched my vehicle without my knowledge or permission because he had my car keys in his pocket when he was arrested outside. He only had my keys because the front door locked automatically, and they happened to be the keys he grabbed, whatever. From this arrest, he got a new possession charge and 2 more firearms charges. The firearms were not in his possession and weren't even accessible to him or myself. Upon being housed at the county jail, he received 2 more possessions with intent charges on 2 separate cases, with the use of informants. He just received his discovery and found that both informants used are currently on probation or parole, which he believes makes them unable to be used as informants. Im not sure. Im not a criminal. Also, in the discovery, from the dui checkpoint, there is a sworn affidavit from the officer on scene that his body cam was off. Therefore, there is no evidence. There was also no proof of the arresting agency getting permission to search the vehicle or the apartment. Also, on the one case with the informant, the only evidence is that my fiance happened to exit the same house as the informant, after a handful of other people left as well. He isn't trying to proclaim innocence in all of this. He just wants to know how much of this can be tossed. His public defender has only spoken to him once since his arrest in February, and she told him he isn't going anywhere for a while and that he isn't eligible for a rule 600 hearing. We've both looked, and can't find a reason it would be denied. Any help at all would be appreciated.

 

[zddoodah]

He needs a criminal defense attorney and you need to dump this serial criminal and get as far away with him and his criminal life as possible.

 

[flyingron]

Rule 600 runs not from the date of the offense but from the date the criminal complaint was filed which likely is no earlier than October. If that is the case, the lawyer was correct in February and is still correct now.

Overcharging is not uncommon in the Commonwealth of Pennsylvania, but that will all be worked out at the preliminaries.

Possession doesn't mean holding them on his person, but having constructive access to them. It was extremely foolhardy to have him living in a place where firearms are present as a paroled felon.

We can't see the complaint and we don't have the evidence. You're likely not even able to dispassionately recount that for us even if you did know. This is why he has an attorney, to make an informed and dispassionate analysis of the facts.

 

[leslie82]

Okay, this is long and kinda convoluted. I'll try my best. In August of last year, my fiance, who was on parole, drove through a dui checkpoint. He stupidly gave false id, but he was not arrested or charged. He was released, though they did impound the car. The car wasn't his. It belonged to a friend of his, and he was driving it home from a garage. In october, a warrant was issued for his arrest stemming from the dui checkpoint. Among other charges, he got possession with intent to manufacture or deliver and 2 weapons charges as a felon not to possess. Moving on, in February, he was arrested. The police searched my vehicle without my knowledge or permission because he had my car keys in his pocket when he was arrested outside. He only had my keys because the front door locked automatically, and they happened to be the keys he grabbed, whatever. From this arrest, he got a new possession charge and 2 more firearms charges. The firearms were not in his possession and weren't even accessible to him or myself. Upon being housed at the county jail, he received 2 more possessions with intent charges on 2 separate cases, with the use of informants. He just received his discovery and found that both informants used are currently on probation or parole, which he believes makes them unable to be used as informants. Im not sure. Im not a criminal. Also, in the discovery, from the dui checkpoint, there is a sworn affidavit from the officer on scene that his body cam was off. Therefore, there is no evidence. There was also no proof of the arresting agency getting permission to search the vehicle or the apartment. Also, on the one case with the informant, the only evidence is that my fiance happened to exit the same house as the informant, after a handful of other people left as well. He isn't trying to proclaim innocence in all of this. He just wants to know how much of this can be tossed. His public defender has only spoken to him once since his arrest in February, and she told him he isn't going anywhere for a while and that he isn't eligible for a rule 600 hearing. We've both looked, and can't find a reason it would be denied. Any help at all would be appreciated.

Did he get bail denied? I found this: 'Except in cases in which the defendant is not entitled to release on bail as provided by law, no defendant shall be held in pretrial incarceration in excess."
Rule 600 - Prompt Trial, 234 Pa. Code § 600 | Casetext Search + Citator

Also this: "Rule 600 of the Rules of Criminal procedure is a separate, rule-based speedy trial right. Unlike the constitutional provisions it is not vague and amorphous. Rule 600 requires that the Commonwealth bring a defendant to trial within 365 days of when it files the criminal complaint.

Not every day counts, though. Any delay that the defendant or his counsel caused is excluded from the calculation. Any delay that was outside the prosecutor's control and happened despite his efforts to try the defendant is considered excusable delay and, likewise, does not count. What is and is not included in the calculation is highly nuanced and requires diligence and thoroughness on the part of the lawyer."

If you want to hire him an attorney go for it if you don't like what his PD is doing.

 

[Ashley89]

Did he get bail denied? I found this: 'Except in cases in which the defendant is not entitled to release on bail as provided by law, no defendant shall be held in pretrial incarceration in excess."
Rule 600 - Prompt Trial, 234 Pa. Code § 600 | Casetext Search + Citator

Also this: "Rule 600 of the Rules of Criminal procedure is a separate, rule-based speedy trial right. Unlike the constitutional provisions it is not vague and amorphous. Rule 600 requires that the Commonwealth bring a defendant to trial within 365 days of when it files the criminal complaint.

Not every day counts, though. Any delay that the defendant or his counsel caused is excluded from the calculation. Any delay that was outside the prosecutor's control and happened despite his efforts to try the defendant is considered excusable delay and, likewise, does not count. What is and is not included in the calculation is highly nuanced and requires diligence and thoroughness on the part of the lawyer."

If you want to hire him an attorney go for it if you don't like what his PD is doing.

His bail was set at $450,000 cash. He did the math, and he should've been eligible for nominal bail in September. His public defender told him, that for some reason, he's not eligible. I've spoken with a private attorney, and he was asking for $10,000 up front for the misc hearing for nominal bail. The area we live in is ridiculous. He was considering filing pro se, but wanted to make sure he wasn't gonna be screwing himself.

 

[Zigner]

Your boyfriend should be talking to his attorney about this. Your boyfriend would be an idiot to try defending himself. What he did isn't some minor offense...

 

[Zigner]

Also, in the discovery, from the dui checkpoint, there is a sworn affidavit from the officer on scene that his body cam was off. Therefore, there is no evidence.

Sure there is. Testimony is evidence. How do you think things were done before body cams?

 

[army judge]

Sure there is. Testimony is evidence. How do you think things were done before body cams?

It is easier to obey ALL of society's laws, than end up fighting for your freedom, perhaps begging and pleading for your life.

Stop, think, behave yourself, it ain't that hard.

Mom and Dad laid down very clear rules for me and my siblings.
It worked so well for me, I laid down the same rules and acceptable behaviors for my issue.
I'm so thankful for their guidance.
It kept me on the straight and narrow all of my life.

 

[doucar]

It is easier to obey ALL of society's laws, than end up fighting for your freedom, perhaps begging and pleading for your life.

Stop, think, behave yourself, it ain't that hard.

Mom and Dad laid down very clear rules for me and my siblings.
It worked so well for me, I laid down the same rules and acceptable behaviors for my issue.
I'm so thankful for their guidance.
It kept me on the straight and narrow all of my life.

To put it simply. The statute of limitations limits when the prosecutor can file charges, not start the trial.

 

[flyingron]

Rule 600 is distinct from the normal SOL rules, it's more along the line of a speedy trial rule, though it's distinct from Pennsylvania's speedy trial law. As for the SOL, in the case of the drug possession stuff, it's two years from the offense. In the case of the motor vehicle offsenes, it's two years from when the driver is identified.

 

[Tax Counsel]

Also, in the discovery, from the dui checkpoint, there is a sworn affidavit from the officer on scene that his body cam was off. Therefore, there is no evidence.

While the prosecution would love to have the body cam images those images are not necessary for a conviction. The cop's testimony regarding the actions of the driver during the stop is typically admissible evidence and most juries tend to believe the cop over what the defendant said happened. With that situation in mind he will want to get other evidence that builds up his case knocks holes the state's case. There may be opportunities before trial for him to try to get it dismissed. The problem is that to make maxim use of those opportunities he needs to know what kind of problems to look for and needs to have a good understanding of the laws of evidence and procedure. Most pro se defendants dont know all the and that contributes to the very high rate of conviction for those doing their cases pro se.

 

[leslie82]

His bail was set at $450,000 cash. He did the math, and he should've been eligible for nominal bail in September. His public defender told him, that for some reason, he's not eligible. I've spoken with a private attorney, and he was asking for $10,000 up front for the misc hearing for nominal bail. The area we live in is ridiculous. He was considering filing pro se, but wanted to make sure he wasn't gonna be screwing himself.

There was the second part though that if there was any delay that the defendant OR his counsel caused (requested a continuance) or any day delayed outside the prosecutor's control, then the days confined without trial don't count toward the 365.

From what I'm reading, it's up to a judge to determine bail in Pennsylvania. But nominal bail in PA is just the equivalent of ROR or PR bond. " (4) Release on Nominal Bail: Release conditioned upon the defendant's depositing a nominal amount of cash which the bail authority determines is sufficient security for the defendant's release, such as $1.00, and the agreement of a designated person, organization, or bail agency to act as surety for the defendant." It's up to the bail authority to assign this, which seems to be the judge. So the judge must have denied nominal bail. So that's why the 450K. Usually they just want 10% but again up to a judge.

I don't see anything that specifically sets criteria for nominal bail. The statute itself says it's up to the bail authority.

 

[flyingron]

Sort of. PA does indeed have ROR. It also has a couple of other things: nonmonetary conditions and unsecured bond. Nominal bail is some token amount, something that the defendant likely had on him at the time, rather than the larger amounts of bail. It's rarely used, because judges tend to either just ROR or unsecured bail if they don't impose a real monetary bail amount.