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  1. #1
    Join Date
    Mar 2010
    Posts
    3

    Default No Prosecution for "Summary" Offense. Grounds for Dismissal

    This deals with matters in the state of Pennsylvania.

    Earlier in the week I plead not guilty to a speeding ticket. I went to the court clerk and asked a couple questions to try and help build my case. First I asked for a copy of court rules, and she said there is no document explaining rules. Then I asked who the prosecutor was, and she said "There is no prosecutor, it's not a criminal case. It's just you, the judge, and the cop in the courtroom"

    I don't understand how this can be possible. In the absence of a prosecution, who in the court room can legally uphold the charges being brought against me by the Commonwealth of Pennsylvania? The cop is not a bar certified attorney, so he cannot legally represent the plaintiff. He is a witness at best.


    This sounds like one giant fraud. I'm tempted to go to trial and motion to dismiss due to the lack of prosecution. Opinions?


    PS I requested a continuance so I can have more time to learn how this system works (only had 3 weeks notice of court date) and the judge denied it.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: No Prosecution for "Summary" Offense. Grounds for Dismissal

    It's not uncommon for tickets, treated as civil infractions, to be heard by a court with the officer providing the state's case. You are permitted to hire a lawyer to represent you.

    You can read your state's court rules in the Pennsylvania Code.

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