continuance of preliminary hearing due to evidence
I recently saw a district justice throw out a drug case at a preliminary hearing because the commonwealth did not have the drugs back from the lab to prove that they were in fact drugs. The arrest was only a week prior and it was not sufficient time for the commonwealth to have the drugs sent to a lab. Wasn't the commonwealth well within the law to ask for a continuance and should have been granted one due to the evidence not being ready?
Asked on 10/27/05, 11:58 pm
1 Answer from Attorneys
Charles A. Pascal, Jr.
Law Office of Charles A. Pascal, Jr.
Re: continuance of preliminary hearing due to evidence
Commonwealth should have requested, and likely would have been granted, a continuance in these circumstances. If they did not request a continuance, the Magisterial District Judge is within his authority to dismiss the charges. The police, however, may refile the charges once they get the evidence.
Answered on 10/28/05, 6:48 pm
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