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vecdid

New Member
Jurisdiction
Pennsylvania
In November I was arrested. On December 28th I was charged. I filed for a continence and have my preliminary hearing coming up next week. One thing I do not understand is what happened to my arraignment. I have not bee arraigned on my charges and they already have me going to my preliminary hearing. Did someone mess up? Can they just skip the arraignment? I never had bail set not have I truly been finger printed or processed on the new charges. Back in November they put me in county on a probation detainer for the DUI I was on probation for, but the new charges were never mentioned and my hold was them giving me a urine which i failed and they extended my probation until last week. I am now done with probation for the old charges. But still I was never processed or arraigned on the new charges, what does this mean, and can this error help my case in any way? Please advise.

Thanks,
Vec in PA
 
vecdid said:
In November I was arrested. On December 28th I was charged. I filed for a continence and have my preliminary hearing coming up next week. One thing I do not understand is what happened to my arraignment. I have not bee arraigned on my charges and they already have me going to my preliminary hearing. Did someone mess up? Can they just skip the arraignment? I never had bail set not have I truly been finger printed or processed on the new charges. Back in November they put me in county on a probation detainer for the DUI I was on probation for, but the new charges were never mentioned and my hold was them giving me a urine which i failed and they extended my probation until last week. I am now done with probation for the old charges. But still I was never processed or arraigned on the new charges, what does this mean, and can this error help my case in any way? Please advise.

Thanks,
Vec in PA
Click to expand...

Subsequent to your arrest, what did the police give you as the reason for your arrest?

You have two issues here, maybe more.

You were held for a probation revocation.
You were arrested for something, which you need to reveal.


These PA licensed attorneys explain what generally occurs after an arrest in PA:


Procedures and Processing for Criminal Laws in Pennsylvania - Lawyers.com


Criminal Process after arrest in Pennsylvania
 
army judge said:
Subsequent to your arrest, what did the police give you as the reason for your arrest?

You have two issues here, maybe more.

You were held for a probation revocation.
You were arrested for something, which you need to reveal.


These PA licensed attorneys explain what generally occurs after an arrest in PA:


Procedures and Processing for Criminal Laws in Pennsylvania - Lawyers.com


Criminal Process after arrest in Pennsylvania
Click to expand...
Ok, when I was arrested in Nov it was for the new charges, but they held me for a probation detainer, in which they tested me in the county jail the next morning and my urine was dirty. They then released me 9 days later when my lawyer had me plead guilty and they extended my probation till march 17th. The new charges were not filed until Dec 15th. I was never arraigned or fingerprinted on the new charges as i stated in my post. But now I have a preliminary hearing on the 30th. I never have been processed on the new charges. I checked through all the paperwork on the violation and there is no mention of the new charges, since they were not even filed by the time I was released. It seems the process may not have been followed, i cannot afford a lawyer and made too much for a public defender, since I lost my job over this i do not know what to do, it seems they acrewed up,, am I right, does this work in favor that they didn't process or arraign me? I have no bail set, no fingerprints on new charges and have not been arraigned please advise
 
My guess is that the preliminary hearing will give you the opportunity to plead not guilty and go from there.

I know of no law that says you have to be arraigned and fingerprinted to be charged with an offense.
 
vecdid said:
Ok, when I was arrested in Nov it was for the new charges, but they held me for a probation detainer, in which they tested me in the county jail the next morning and my urine was dirty. They then released me 9 days later when my lawyer had me plead guilty and they extended my probation till march 17th. The new charges were not filed until Dec 15th. I was never arraigned or fingerprinted on the new charges as i stated in my post. But now I have a preliminary hearing on the 30th. I never have been processed on the new charges. I checked through all the paperwork on the violation and there is no mention of the new charges, since they were not even filed by the time I was released. It seems the process may not have been followed, i cannot afford a lawyer and made too much for a public defender, since I lost my job over this i do not know what to do, it seems they acrewed up,, am I right, does this work in favor that they didn't process or arraign me? I have no bail set, no fingerprints on new charges and have not been arraigned please advise
Click to expand...


Think about the chronology of events, mate.

You were arrested for something, doesn't matter what.

While you were being processed, you were discovered to be on probation.

A probation hold was placed on you, the new charge is usually just held back while the prosecutor conferred with your probation officer.

When a person is arrested, a prosecutor reviews the arrest report and decides to prosecute, nolle prosse,

>>>>>Nolle prosequi is a Latin phrase meaning "will no longer prosecute" or a variation on the same. It amounts to a dismissal of charges by the prosecution. Some states, like New York, for example, don't use the phrase. Rather, they simply use the term dismissal.<<<<<

or take the matter to the grand jury. In some cases the person might already be under investigation which complicates matters.

You can't get bond immediately on a probation hold, at least in Texas.

Fast forward, you cop a plea on the probation violation. Your lawyer may ave advised you to plea, ultimately it was your choice.

Meanwhile back at the proseutir's HQ, you formally get charged.

Nothing inappropriate there, mate.

No one cost you your job, no one that is except you and your actions and choices.

All you can do now is plead not guilty, request a new public defender, which you met likely will receive because you lost your job.


Anyway, hang in there, you knw how the game is played. Don't rush it, take it slow and easy. When you're a criminal defendant (out on bond) delay is helpful to you.

God luck.
 

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