How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33102
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
11068102
Type Your Criminal Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

What is Pennsylvanias due process law If I was charged for

Customer Question

What is Pennsylvania's due process law? If I was charged for underaged drinking - marijuana- small amt for personla use - use/possession of drug paraph in june of 2010 and never got served papers until April 16 2011 can they charge me?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 6 years ago.
What do you mean by "served papers"? What did they serve you with?
Customer: replied 6 years ago.
papers in the mail for a preliminary arraignment notice
Expert:  Dwayne B. replied 6 years ago.
Yes, as long as the charges are filed within the statute of limitations then it is allowed. I believe the least of the statute of limitations which would apply is a year, but it is not the notice of arraignment to you which is counted, it is the date the charges were filed.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B. and 3 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
I did not get an answer
Customer: replied 6 years ago.
What a rip off
Expert:  Dwayne B. replied 6 years ago.
What else did you want to know? "What is PAs due process law" is too broad to be answered since due process covers a huge area of the law. If there is something specific you need to know, please ask and I will answer.
Customer: replied 6 years ago.
YES how many days after they charge you do they have to file papers to get you in court?
Expert:  Dwayne B. replied 6 years ago.
There is no specified limit. The standard is "due diligence" which does not have a specific number of days.

The reason that there is not a specific number of days is because the defendant may be hiding, may have moved, may be out of state, etc. so the law just requires that the State not go too long. In your case it is 9-10 months and that will likely not be too long unless you can prove 1) they were not making any effort to serve you after the charges were filed, 2) they had your current information the whole time, and 3) you were somehow harmed by the delay, for instance if a witness died during the delay.

Most people believe that there are specific dates by which the State must do certain things, but this is rarely the case. The notable exception is the statute of limitations for filing charges, but ten months is under that.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Related Criminal Law Questions