Pittsburgh, PA asked in Public Benefits and Criminal Law for Pennsylvania

Q: Do the DA have a case if the evidence the state trooper sworn to and signed was a lie

The state trooper signed aand sworn to a affidavit on June 3 2016 for a crime committed around 09/2015. In this affidavit it states he turned in crack cocain into evidence but the charge is for heroin... I was arrested 08/12/2016 and on 08/25/2016 I told my public defender about it and he without my knowledge or permission told the DA and had it changed to heroin on 08/25/2016... Need help

Related Topics:
1 Lawyer Answer
Mr. Ryan L Hyde
PREMIUM
Mr. Ryan L Hyde
Answered
  • Criminal Law Lawyer
  • Exton , PA
  • Licensed in Pennsylvania

A: I will preface this by saying a mistake is different from a lie. Only because I am not sure what happened with your case. The Commonwealth has the legal right to amend the charges up to the time where the jury is sworn in a matter. Your remedy would be a continuance. The fact that this was changed does not mean that you do not have a defense based on the officers mistake. The complaint is a useless document what matters to you is what is in discovery. In your position, represented by counsel, you need to voice your concerns to your public defender about what he/she did. If you do not receive an adequate response you can attempt to retain private counsel. Remember, just because they fixed it, doesnt mean a mistake wasnt made and that is something that can be brought before the trier of fact. I will say this, a mistake in a document has never been cause for them to dismiss a case. It has, however, been ground for a trier of fact to acquit. Have a conversation with your PD and make sure your interests are being fairly represented. If not, you can always retain separate counsel to represent you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.