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Questions Answered by Michael H. Fienman
2 Answers | Asked in Criminal Law for Pennsylvania on
Q: In DE County, at a preliminary hearing with the magistrate district court, can the charges/case be dismissed?
Michael H. Fienman
Michael H. Fienman answered on Sep 13, 2019

The Commonwealth has the burden of establishing a prima facie case at the preliminary hearing. If they do not meet their burden of proof, the case will be dismissed.

A lot of things can happen during a preliminary hearing - including the addition of new charges. If you are serious about...
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2 Answers | Asked in Animal / Dog Law and Personal Injury for Pennsylvania on
Q: While walking my 8 year old blue merle collie on a leash my dog was struck by a vehicle-street was clear when crossing

Car came out from side street when we were already crossing. Struck my dog, I got pulled down backward by the dog leash. I screamed for person to stop. She never looked up. My dog was able to get up an get across street. I ran after her. Person stopped briefly and left. I got make/model/color of... Read more »

Michael H. Fienman
Michael H. Fienman answered on Feb 6, 2019

Your case can be pursued both criminally and civilly.

With respect to criminal prosecution, it is not your decision whether charges are filed. The local police department that responded to your call and the district attorney for the county in which this incident occurred have complete...
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