Legal Question in Criminal Law in Pennsylvania

Trial

My boyfriend became involved in a verbal altercation with someone at his job. The individual filed charges against him for Terrorist threats, Harrassment and stalking. Today he went to a hearing in front of a commissioner and the accuser was given the option of trial or mediation. The accuser chose trial. Our question is, he is scheduled to relocate here to California and we want to know if this is something that can be handled from California and if u know what usually happens when there is a trial. He says there was no physical altercation between him and the accuser nor any witnesses. Do you think he will need an attorney?


Asked on 9/27/04, 1:11 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Trial

I'm not sure what kind of case this is; you posted your query as a criminal question and the conduct you describe can be charged as a crime, but criminal cases are never mediated and it is the prosecutor -- not the victim -- who decides how to proceed. It seems likely that this is a restraining order case or a regular civil lawsuit.

Regardless of what type of case this is, the answer to your question is that the case will not move to California when your boyrfriend does. It would be unfair to the other party to force her to litigate a local dispute on the other side of the country just because her opponent decided to relocate after the altercation. There is also no reason why California's taxpayers should have to pay for their courts to resolve out-of-state cases.

These events happened in Pennsylvania, involved two Pennsylvania residents, and are subject to Pennsylvania law. California has no interest whatsoever in the case and therefore has no jurisdiction over it. Your boyfriend's decision to move here after the fact does not change this analysis. He will still have to deal with the Pennsylvania courts.

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Answered on 9/27/04, 2:47 pm


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