Last week I represented a client charged with contraband, possession of a controlled substance and possession of drug paraphernalia. She decided to gamble and exercise her right to a preliminary hearing. She took the stand before the Honorable Richard Cappelli in Delaware County Magisterial District Court . Defendants often waive their right to preliminary because the Commonwealth's burden is low. The burden on the Commonwealth at the preliminary hearing is not beyond a reasonable doubt. The Commonwealth must merely establish prima facia evidence. An easy way to understand prima facia evidence is that the Commonwealth must have some evidence on each element of the crime no matter how good the evidence is. Even if the evidence is false. This is not the legal definition but it is the way that I explain the term "prima facia" to clients. As you can imagine, this is a very low burden for the Commonwealth. The traditional thought pattern of many defense attorneys is to NEVER have your client take the stand at the prelim. No defenses are allowed and in Delaware County everything is recorded. Therefore, your client runs the possibility of incriminating themselves or saying something that will be used against them at trial. However, I have had a lot of success having client's take the stand at prelims. This year, I have had two cases dismissed this way. District judges have been receptive to defendant testimony. In this case, it paid off for my client to roll the dice. All of the drug charges were dismissed.
My client was serving five weekends in jail as a result of two DUI charges. The first weekend she was administered her prescriptions, the following two weekends she wasn't; on the fourth weekend she took matters into her own hands to avoid any more serious withdrawal symptoms and snuck in her prescription drugs. My client took the stand and admitted that she had snuck the drugs into the prison but she also explained that her doctor prescribed the drugs and the prison was not administering her medication. The Honorable Richard M. Cappelli at the Delaware County Magisterial District Court dismissed all the charges.
Contact Jason R. Antoine, Pennsylvania Drug Defense Attorney for a free consultation if you have a pending case or a scheduled preliminary hearing date.
