Pennsylvania Criminal Defense Legal Questions

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499 legal 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 10
Do you have any Pennsylvania Criminal Defense questions page 10 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

Can I be charged with possession with intent to deliver?

Answered 9 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, you can be charged. You probably have a good possession argument and you may have a probable cause search argument. You should hire a lawyer.
Yes, you can be charged. You probably have a good possession argument and you may have a probable cause search argument. You should hire a lawyer.
It will be a problem if it is a condition of your bail or probation not to possess firearms.
It will be a problem if it is a condition of your bail or probation not to possess firearms.
They will let her know.
They will let her know.

Is it legal to get pulled over for no reason?

Answered 9 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
No it is not legal for police to stop a motorist for no reason. They need sufficient reasonable suspicion or probable cause. However, if an officer knows a person is under suspension or does not have a license, he or she can stop a motorist.
No it is not legal for police to stop a motorist for no reason. They need sufficient reasonable suspicion or probable cause. However, if an officer... Read More
No one can answer this without knowing all the facts.
No one can answer this without knowing all the facts.
I would hire a lawyer.
I would hire a lawyer.
It depends.
It depends.

Is there a big chance of probation for her for selling Percocet?

Answered 9 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
It sounds like probation is a possibility, but I would need to know more information, especially about her prior criminal record. If she has no prior record, chances are better. It will help if she is in drug counseling for a period of time before going to court.
It sounds like probation is a possibility, but I would need to know more information, especially about her prior criminal record. If she has no ... Read More

my ex wants to drop the case with me how do i go about it

Answered 9 years and 10 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You've probably heard this before, but you can't "drop" a criminal case.  The "commonwealth," Pennsylvania, is prosecuting the case.  As a result, the prosecution will bring the case as it sees fit.  You can, however, express your wishes to the DA to see what they do. 
You've probably heard this before, but you can't "drop" a criminal case.  The "commonwealth," Pennsylvania, is prosecuting the case.  As a... Read More

am i going to get jailtime

Answered 9 years and 10 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It's a possibility for a first-offense DUI (range of 72 hours minimum to 6 mos. max)  Has the Prelim (preliminary hearing) happened yet?  Good idea to at least consult with an attorney about this issue.  Representation before the Prelim can be an even bigger help. 
It's a possibility for a first-offense DUI (range of 72 hours minimum to 6 mos. max)  Has the Prelim (preliminary hearing) happened yet?... Read More

If someone is on probation is getting a order protection breaking it ?

Answered 9 years and 10 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It depends on the county and the probation office, but getting a finding of abuse in a PFA hearing against you could be a violation.  Further, violating a PFA or protection order, is almost always a violation of probation.  Contact a lawyer in your county to discuss further. ... Read More
It depends on the county and the probation office, but getting a finding of abuse in a PFA hearing against you could be a violation.  Further,... Read More

I was arrested for a violation of a firearm but they took it off my boyfriend person how could they charge me with what he had

Answered 9 years and 10 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Depends on the charge, but it sounds like a possession charge.  Possession can be "constructive" meaning it did not belong to the person, but another person had knowledge.  Seek legal representation immediately. 
Depends on the charge, but it sounds like a possession charge.  Possession can be "constructive" meaning it did not belong to the person, but... Read More

Do my parole officer need probable cause to search my house?

Answered 9 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Whether he do or not, depends. when you is on parole, you have less constitutional rights.
Whether he do or not, depends. when you is on parole, you have less constitutional rights.
I would not speak with the police unless you go over all of the facts with a lawyer and he or she advises you accordingly. If you don't consult with a lawyer, my recommendation would to not do so.
I would not speak with the police unless you go over all of the facts with a lawyer and he or she advises you accordingly. If you don't consult... Read More
Try to get it cleared. It will go better with an attorney.
Try to get it cleared. It will go better with an attorney.
Show the PO that she has a valid prescription.
Show the PO that she has a valid prescription.

Can a person on state parole stay in a shelter?

Answered 9 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Part of the PA Board of Probation and Parole is a halfway house system which allows the later portion of a sentence to be served in a state-supervised halfway house.
Part of the PA Board of Probation and Parole is a halfway house system which allows the later portion of a sentence to be served in a ... Read More
It depends on what county you are from and how your judge operates. It is possible but more difficult if a hearing has been scheduled. You would need to ask a lawyer familiar with your courts and judge.
It depends on what county you are from and how your judge operates. It is possible but more difficult if a hearing has been scheduled. You would... Read More
You could try involving the police but they may view it as a domestic squabble. You could try filing criminal charges at the local District Justice office on the date the DA is there. If that doesn't work, file a civil complaint at the local District Justice office.
You could try involving the police but they may view it as a domestic squabble. You could try filing criminal charges at the local District Justice... Read More

Will my fiance get time in prison for selling to an undercover cop twice?

Answered 9 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I would get her an attorney.
I would get her an attorney.

What is meant by quick and speedy trial?

Answered 9 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
In PA, 365 days to bring you to trial if you are out of jail and 180 days if you are in jail.
In PA, 365 days to bring you to trial if you are out of jail and 180 days if you are in jail.

What can I do to beat the felony theft 2 charges?

Answered 9 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I would get a lawyer.
I would get a lawyer.
It really sounds, at least the way you describe it, you may have a defense. In order to be guilty of RSP you need to actually know, or have reason to know, that the item in question was in fact stolen. These cases are very fact oriented. You should not speak to the police and consult with an attorney immediately.... Read More
It really sounds, at least the way you describe it, you may have a defense. In order to be guilty of RSP you need to actually know, or have reason... Read More
The old state can issue a warrant for your arrest. They won't execute the warrant (go looking for you) but if you are ever stopped by law enforcement in the new state, by airport security, etc. the warrant can show in the data bases and you can be detained. The new state will contact the old sate to tell them to come get you which the old state will most likely not do on a probation warrant. However, you may sit in the pokey while the old states takes their time to decide. Do you like prison food? The best advice is to work with an attorney in the old state to contact your PO to see if there is a warrant and if there is can this be worked out where you turn yourself in with the attorney before the judge to reinstate your probation. When you do this it will help if you can pay down all or some of your restitution.... Read More
The old state can issue a warrant for your arrest. They won't execute the warrant (go looking for you) but if you are ever stopped by law ... Read More
They should have known. If they signed a form in which they stated they never had a PFA against them, then they may be charged with a crime.
They should have known. If they signed a form in which they stated they never had a PFA against them, then they may be charged with a crime.