Two questions (PA)

[mrsnshick]

What is the name of your state (only U.S. law)? PA I submitted a canceled check to a small local utility - secretary has since been let go due to her bookkeeping errors. She claims I gave her a check copy w/ back of a previously cashed check instead of the one matching the front - weird yes, very involved issue (hubby threatened to fire her IF he got on the utility board and he was appointed two days before she went to cops with this supposed "forged" check). She didn't tell the board, just went to state police who charged me with forgery and other things. Q#1) the trooper who investigated was transferred far away. He testified at magistrate's hearing. District atty has prosecuted me. Does cop HAVE to testify at my trial or not - if he doesn't/can't show what will happen? Q#2) Since I am supposed to be innocent until proven guilty, how would that secretary PROVE that the check copy she CLAIMS I gave her is actually the one I gave her? I seem to have to prove it ISN'T the one I gave her and have no idea how to do that. The bank voided that check, refunded me my money cause secretary "couldn't find it" and the banks were going to deal with it interbank. I only have copy for front of that check with VOID stamped on it. Have public defender who didn't show up at my arraignment at courthouse. I know I'm not getting represented as best as if I paid an atty BUT after I pay medicare parts B and D I have $542 left for month for bills/food etc... so I can't afford an atty. I feel like I've lost before I am even tried. Atty has done nothing in 6 months on my case. I appreciate any help I can get! Thank you What is the name of your state (only U.S. law)? PA

 

[FlyingRon]

It's a little bit hard to follow your choppy writing but, the police only need to be present and testify if the prosecution needs their testimony to convict you. Most likely the physical check and testimony from someone from the utility is more than enough. I can't decipher the rest, but testimony from others DOES prove you guilty unless you can provide something that disproves or at least raises reasonable doubt.

As long as you stand up and listen during the arraignment, that's about all the legal assistance you need there. PA doesn't even involve entering a plea. The only thing the lawyer would be used for is the judge would consult with him about when the PD would be available for trial (and if he was planning a guilty plea, a bench trial, or a jury trial) and to set the date (and possibly PSI if you're going to plead guilty).