Carlisle, PA asked in Criminal Law for Pennsylvania

Q: I was charged with possession of suboxone following a car accident. I didn't have my coat so the driver allowed me to .

Wear his. I was searched due to a warrant for fines and cost. I was charged with possession even though he said they were his and I didn't know they were in there. If I take a written or video statement from him to district court can I have the case thrown out

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

A: Doubtful. A written statement from him is hearsay and now allowed. There are ways of arguing around the rule but depending on who your district judge is they may not allow it. Also, the burden of proof at the district court is lower, prima facie is more like probable cause than proof beyond a reasonable doubt. The Comminwealth gets the benefit of the doubt.

That all being said it sounds like you have some pretty good defenses. A local attorney would know the specific judge and officer involved and could give you specific information on how to best present your evidence to prevail.

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