Pennsylvania Criminal Defense Legal Questions

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499 legal [2, *]questions have been posted about criminal law by real users in Pennsylvania. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Pennsylvania Criminal Defense Questions & Legal Answers - Page 18
Do you have any Pennsylvania Criminal Defense questions page 18 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 499 previously answered Pennsylvania Criminal Defense questions.

Recent Legal Answers

Sounds like a scam. You know you are being sued when you are served papers personally.
Sounds like a scam. You know you are being sued when you are served papers personally.
It really sounds like an awful situation. I hate to tell you what you already know, but you need a good attorney to investigate whether you can get back into court on an after discovered evidence claim.
It really sounds like an awful situation. I hate to tell you what you already know, but you need a good attorney to investigate whether you can get... Read Answer
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I would always suggest taking a criminal attorney along when the police want to "talk," especially if this is the second time.
I would always suggest taking a criminal attorney along when the police want to "talk," especially if this is the second time.
Sounds like you might have a breach of contract with the old and/or new owners. You need to have a lawyer examine the contract. Perhaps, if there is a case, he can file for an injunction against the software being used.
Sounds like you might have a breach of contract with the old and/or new owners. You need to have a lawyer examine the contract. Perhaps, if there... Read Answer
It is a summary offense. Hire an attorney as you will have a better chance of getting rid of it totally. Unless you want a criminal conviction on your record.
It is a summary offense. Hire an attorney as you will have a better chance of getting rid of it totally. Unless you want a criminal conviction on... Read Answer

Is my husband looking at jail time for resisting arrest?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Generally, with no or little prior criminal history, I would say not. I would hire a lawyer as you may have a way to defend this down to a summary level disorderly conduct, at least in Pittsburgh. If this happened in the outlying counties, where they take crime more seriously, perhaps probation is the best you can do. I would hire a lawyer and not do this alone.... Read Answer
Generally, with no or little prior criminal history, I would say not. I would hire a lawyer as you may have a way to defend this down to a summary... Read Answer
The judge sentences you, not the PD. You need to talk to her. What you are saying here doesn't make much sense. Take someone with you if you cannot understand what she is telling you. If you don't want her to represent you, A) talk to her boss, or, B) file a motion to ask the judge for a new lawyer, or C) hire your own private counsel.... Read Answer
The judge sentences you, not the PD. You need to talk to her. What you are saying here doesn't make much sense. Take someone with you if you ... Read Answer

if someone robs you and you kill them is that first dergree murder

Answered 11 years ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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There is a chance it wouldn't be murder at all.  But a question like this is going to be very fact specific. Under the scenario posed in your question, if you are looking to raise a self-defense claim, you will have to persuade a jury that you acted in self defense, so keep that in mind.  Furthermore, self-defense is a last resort in a situation particularly if you were to use deadly force, such as a gun. ... Read Answer
There is a chance it wouldn't be murder at all.  But a question like this is going to be very fact specific. Under the scenario posed in your... Read Answer
If you were convicted, it may be a problem but an attorney would have to know more information, like what you were actually convicted of.
If you were convicted, it may be a problem but an attorney would have to know more information, like what you were actually convicted of.

What is the statute of limitations on breaking and entering?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
There is no crime of "breaking and entering" in PA. There is burglary, which has a 5 year statute of limitations.
There is no crime of "breaking and entering" in PA. There is burglary, which has a 5 year statute of limitations.
I think he probably is banned from even possessing firearms with at least one felony conviction.
I think he probably is banned from even possessing firearms with at least one felony conviction.
I could go on, as I have handled many of these cases. the short answer is, get an attorney to direct both of you how to proceed and to speak with the DA and cop at the hearing. You may want to be proactive and enroll on a county approved domestic violence program, BEFORE the hearing.
I could go on, as I have handled many of these cases. the short answer is, get an attorney to direct both of you how to proceed and to speak with... Read Answer

Held in county prison for two years and three months without hearing

Answered 11 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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If you pled guilty and the sentence was 2-4, you waived your right to a trial. Any lawyer is going to want to be paid up front. Perhaps family can help?
If you pled guilty and the sentence was 2-4, you waived your right to a trial. Any lawyer is going to want to be paid up front. Perhaps family can... Read Answer

Need an attorney to request on his or her letterhead to district attorney to allow early release from probation

Answered 11 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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You really need to have an attorney bring a motion before the trial court judge to ask for early release from probation.
You really need to have an attorney bring a motion before the trial court judge to ask for early release from probation.
Not sure, probably not. But, you need to be honest about it when asked by the court or adoption agency.
Not sure, probably not. But, you need to be honest about it when asked by the court or adoption agency.
It is possible but you would have to share all of the facts-the details with an attorney. If the car is not yours and no one can say you put the drugs in the trunk, you have a really good chance.
It is possible but you would have to share all of the facts-the details with an attorney. If the car is not yours and no one can say you put the ... Read Answer

can the D.A. hold back info

Answered 11 years and a month ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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I need more information.   You need to consult with legal counsel.  You've raised issues about evidence, competence of witnesses, etc. that require a detailed discussion and more information. 
I need more information.   You need to consult with legal counsel.  You've raised issues about evidence, competence of witnesses, etc. that... Read Answer

Cops made my friend record me on a phone convo. Do they need a warrant for that? I didnt no I was being recorded.

Answered 11 years and a month ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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Depends.  There is a legal test for such a situation that turns on your expectation of privacy.  Given the facts, it makes sense to consult with a criminal attorney in your area for assistance. 
Depends.  There is a legal test for such a situation that turns on your expectation of privacy.  Given the facts, it makes sense to consult... Read Answer

My 13 year old son accidentally damaged a neighbors property after taking my son to apologize and fix the damage he called the police.

Answered 11 years and a month ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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To answer your second question, there is a possibility that juvenile delinquency charges (the equivalent of criminal charges for juveniles)  have been filed against your son.  You will be notified by law enforcement if that is the case.  As far as the civil case, I would need more information to determine what, if any, liability exists.  I recommend calling an attorney. ... Read Answer
To answer your second question, there is a possibility that juvenile delinquency charges (the equivalent of criminal charges for juveniles)... Read Answer

I am a juvenile, what would I be charged for if anything?

Answered 11 years and a month ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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Very much depends on what the DA and Probation Officer determine.  As a juvenile, your first step will be an interview with a Probation Officer.  I would strongly recommend consulting with a private attorney who deals with juvenile matters or applying for a Public Defender. 
Very much depends on what the DA and Probation Officer determine.  As a juvenile, your first step will be an interview with a Probation Officer.... Read Answer

My son is being held in a county jail in pa., on 2- misdemeanor charges. He has been there now for 3.5 months. Is it true that they should have had

Answered 11 years and a month ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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Looks like your question got cut off.  If you are asking whether he can be held that long, the answer is yes.  What amount of bail was set?  Contacting a bail bondsman or finding a way to post collateral to get him out is your best option at this point, until the charges are resolved. ... Read Answer
Looks like your question got cut off.  If you are asking whether he can be held that long, the answer is yes.  What amount of bail was set?... Read Answer

how ro fight my speeding ticket right?

Answered 11 years and a month ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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Based on the information you provide, I think you should contest the ticket.  Look at hiring a traffic ticket attorney in your area to represent you.  
Based on the information you provide, I think you should contest the ticket.  Look at hiring a traffic ticket attorney in your area to represent... Read Answer
At first impression, I would make a claim against their homeowners insurance company for medical expenses. If the other parents do not cooperate you need to get an attorney to force them. As far as a suit against the other parents, it may be hard to prove unless you have some evidence that they were neglectful in their duty to supervise the children.... Read Answer
At first impression, I would make a claim against their homeowners insurance company for medical expenses. If the other parents do not cooperate... Read Answer

What happens when charges are never filed?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I would ask your attorney.
I would ask your attorney.

How do I get a copy of the discovery from a 2007?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If it is your discovery, I think you or your counsel of record can get it from the DA by written request.
If it is your discovery, I think you or your counsel of record can get it from the DA by written request.