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No preliminary investigation conducted

4 posters

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1No preliminary investigation conducted Empty No preliminary investigation conducted Fri Jan 12, 2018 12:44 am

Ddlord11


Arresto Menor

Based on my understanding of what I've read regarding criminal procedure, there's should've been a subpoena first. I was just today issued a notice of arraignment with no information if any of the steps of preliminary investigation was even done.

Why is this so and what should I do about this. Thanks in advance.

attyLLL


moderator

you should go to the court and check the record. your lawyer can file a motion for reopening of the case

https://www.facebook.com/BPOEmployeeAdvocate/

Mick07


Arresto Menor

Anu po pwedeng gawin. Kung wala pong natanggao na kahit anung subpoena.. and then after 3 years nagka warrant po.. anu po pwede gawin para ma lift ang warrant??

4No preliminary investigation conducted Empty Re: No preliminary investigation conducted Mon Jan 29, 2018 10:03 pm

attyLLL


moderator

go to the court and file bail. warrant will be lifted, trial will begin

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Mick07


Arresto Menor

Pero matagal na po nagkaayus ang both parties..
Hindi lang naasikaso ang papers sa court.. anu po pwedeng gawin?

attyLLL


moderator

unless bail is filed, the warrant subsists. if there was a settlement, it has to be properly proven to the court's satisfaction else the case will just continue

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Mick07


Arresto Menor

Atty.. kung mag file po ng affidavit of desistance.. gaano po katagal ang process?

Confused0106


Arresto Menor

Hi,

My case is somewhat related to this. I never received a subpoena and never had a preliminary investigation.

To give you an overview, I was charged of violation of Sec 19 paragraph b(1) RA 8239 last December 16, 1999 with a recommended bail of 30,000.00php. Prior to that there was a "RESOLUTION" made last November 10, 1999 stating that I failed to appear despite due notice and shall be punished by a fine of not less than 15,0000.00php nor more than 60,000.00 and imprisonment.

My question is if ever I decided to pay the recommended bail amount, will I still be arrested/imprisoned? Can I request to reduce the recommended bail amount? Quite confused with the "fine" and "imprisonment" stated in the so called "RESOLUTION". I badly need to know how to clear my name.


Your response is highly appreciated.


Sincerely,

Confused0106

attyLLL


moderator

we answered your other posts

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