Criminal Defense Legal Questions

An arrest warrant is different than a search warrant.  If there is an active arrest warrant and a law enforcement confirms it before arresting you, the law enforcement officer is allowed to make the arrest (even if the officer is not in possession of the warrant at the time).   However, the law enforcement officer/s is/are not allowed to question you after the arrest without first advising you of your Miranda rights (i.e., right to remain silent and have an attorney present for any questioning).  If you are in custody and questioned by law enforcement, without first being advised of your Miranda rights, it does not make the case go away.  However, it would allow your attorney to file a motion to suppress anything you said in response to such questioning.  That, of course, is assuming the officers admit they questioned you without first giving you your Miranda rights.  If the officers claim you were given your rights (contrary to what you claim), it will be up to the judge to decide whom to believe. Be careful.  Even if you are in custody, if you begin to talk and provide information to the law enforcement officers on your own (i.e., without being questioned), anything you say can be used against you even if you were not given your Miranda rights.  Also, if after being given your Miranda rights, you consent to answer questions and talk to law enforcement officers, anything you say can be used against you.  However, you have the right to terminate the questioning at any time. Also, if you have not been taken into custody, but are being questioned, it is up to you to decide whether to answer questions unless you have been subpoenaed for the purpose of questioning.  If that happens, I urge you to contact an attorney who can explain your options and possible repercussions of each option.  They can be devastating.  You need to know your rights in that event.  They are different than your Miranda rights.      ... Read Answer

The only way to find out is for someone to contact the police or prosecutor's office to determine if a case is pending against you or not. Some Jurisdictions have online court explorers, you can enter your name and see if there are any pending cases. Have counsel find out for you, it is best. If there is a case, eventually the charging jurisdiction will issue a warrant for your arrest and warrants never expire; you need to know what is going on. I reccomend you find a criminal lawyer to help you with this.... Read Answer

The final answer could depend on a number of factors (e.g., the town/county in which you were charged; the assigned prosecutor; the defense attorney's ability to negotiate with the assigned prosecutor, including for a lesser charge, etc.). However, based on the facts you provided, the answer regarding whether you will receive a jail sentence is almost assuredly "yes."  So even if you consider the above-listed factors, it is more likely that your attorney will end up negotiating the length of the jail sentence rather than whether you go to jail.  ... Read Answer

There is someting wrong if you are gettting incorrect court dates from your public defender. If he or she is part of a defendder office, call that office and ask to speak to a suopervisor. If this lawer is not in a frim yoiu may want to consider filing a complaint with the Disciplinary Board of the Supreme curt of pennsylvania but be ready to prove your allegatkon that yiur public defender kept sendkngyiou the wrong dates for court.... Read Answer

Generally speaking yes - any resident of a house can give consent to search the entirety of the house - the exception to this would be if there was a private area that was searched that the individual giving consent should not have access to. i.e. If you have a basement tenant your wife's consent to search your house would not necessarily allow the police to enter the basement tenant's apartment. ... Read Answer

It's possible that the DA may have allowed the case to seal without your compliance with the community service requirement, but it's also possible that they have not. You can try and check the Court system's website in the WebCriminal section to see if there is a future court date under your name, although that isn't always 100% accurate. You can also attempt contacting the Clerk of the Court's office to see if your case is currently still pending or has been sealed. With that being said, you should always be careful in speaking with the Court without the benefit of an attorney representing you. Your best bet in this type of situation is going to be to consult with a Criminal Defense Attorney who can reach out to the Court on your behalf and verify if the case has been sealed, or if it has not if they can arrange for you to complete your community service and still receive the benefit of the ACD. You should be aware that an adjournment in contemplation of dismissal is just that - an adjournment - and if you do not comply with the terms of that ACD your original Petit Larceny can be restored to the calendar and prosecuted.    I hope this information was helpful.   ... Read Answer

It sounds like you entered a secure area in the airport and that's why you were arrested. As far as the charges here - Criminal Trespass in the 3rd Degree PL 140.10 is a class "B" misdemeanor and can subject you up to three months in jail or one year probation, as well as $500.00 fine. The trespass violation PL 140.05 is a violation and not a crime, punishable by up to fifteen days in jail and/or a fine.    Depending on your criminal record as well as the severity of the allegations, these can often be pled to lesser offenses and resolved without any type of incarceration. ... Read Answer

Your probation is definitiely in jeopardy. You need to hire experienced criminal defense counsel as soon as possible.  This is a very serious problem. You understand that your probation may be revoked and the previous sentence may be applied to you as well as whatever new fallout you will recieve for the new charges.  Please feel free to contact us if we can offer further assistance 203.870-6700... Read Answer

Without further information I cannot tell what is involved in your representation. Further it is also impossible to accurately quote a fee which would be fair to the both of us   First thing   RETAIN A LAWYER   YOU DO NOT WANT TO GET ARRESTED AND EXTRADITED   https://www.themarshallproject.org/2016/07/06/inside-the-deadly-world-of-private-prisoner-transport  ... Read Answer

You need to hire a crimina defense lawyer. This is a very serious case and yiu need a lawyer's help right away. One of the firste things the lawyer can do is adddress the isue of the high bail and work on getting it lowered to an amount that you can afford. ßpendign moiney onthe lawyer first wilk be money well spent.... Read Answer