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Simple Assault charges dismissed at Preliminary Hearing

by | Dec 7, 2010 | Criminal Law |

Today a client of ours had a very favorable resolution to his pending criminal matter. Several months ago a situation occurred at the home of client’s girlfriend which resulted in the police being called to the scene. Charges of Simple Assault, Harassment, Criminal Tresspass, Public Drunkeness and Disorderly Conduct were filed against this young man who, prior to this, has no contact with the criminal justice system. Thankfully, in the ensuing months the individuals involved in the matter repaired their relationships. In the end, the Commonwealth witnesses did not want to testify and the charges were dismissed.

This type of situation is not uncommon in Berks County and throughout Pennsylvania. What is important to realize, however, is that once the police have become involved and charges get filed, the matter will end up in court. In other words, it is not up to the victim to “drop” the charges. In many cases, and for a variety of reasons, the police or the Assistant District attarney will try to persuade the uncooperative witness to testify against the Defendant. After all, that is part of their job. At the Preliminary Hearing the only person that can truly decide whether the case is going forward is the District Judge.

At a Preliminary Hearing a lot can happen that a Criminal Defendant does not expect. That’s why it is important to retain the services of a Criminal Defense attarney. Even if you believe the Commonwealth witnesses won’t testify, you never know for sure. Similarly, if you have been subpoenaed to testify by the Commonwealth and you do not want to testify you should also engage the services of an attarney to protect your rights. We are currently accepting new clients in all criminal and family law matters – contact our office today for a free consultation.



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