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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 11
Do you have any Pennsylvania Criminal Defense questions page 11 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.
Criminal Law
Pennsylvania

Recent Legal Answers

Does the courts accept online community service?

Answered 9 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I don't know, ask the court or the court's clerk or secretary. He or she will tell you.
I don't know, ask the court or the court's clerk or secretary. He or she will tell you.

Should I go back for the trial if the ADA told me that these cases are hard to prove and convictions are hard because there was only 2 of us there?

Answered 9 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If he served a subpoena on you, you will need to comply. If he did not, you can see what happens if you don't show up.
If he served a subpoena on you, you will need to comply. If he did not, you can see what happens if you don't show up.

How do I get a pardon granted?

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If you were convicted of this misdemeanor, under the current law in PA, you cannot expunge it. If you were convicted of a summary offense and have 5 years of arrest free behavior, you can expunge the summary. You need to determine what you were convicted of to be certain on how to proceed. You may want to obtain your criminal history from the PA state police and take it to a lawyer for review.... Read More
If you were convicted of this misdemeanor, under the current law in PA, you cannot expunge it. If you were convicted of a summary offense and have... Read More

Does my husband have standing when being stop and searched by the police when the car he is driving is in my name?

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I haven't researched it in a while but I think he has constitutional standing to invoke 4th Amendment rights even if he is not the owner. A tenant has a reasonable expectation of privacy sufficient to invoke the 4th Amendment in his or her apartment. Motor vehicles have less constitutional protection as they are mobile. I still think he has standing but would have to research it to confirm.... Read More
I haven't researched it in a while but I think he has constitutional standing to invoke 4th Amendment rights even if he is not the owner. A tenant... Read More

What happens if I can’t pay the fine for stealing a jacket?

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If you want to avoid a criminal case being filed or being convicted of a misdemeanor, see a lawyer. If you cannot afford a private lawyer, call the County Public Defender.
If you want to avoid a criminal case being filed or being convicted of a misdemeanor, see a lawyer. If you cannot afford a private lawyer, call the... Read More

What should I do when accused of stealing a wallet?

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Normally, we attorneys advise not to speak with police as you have no obligation or duty to do so when you are as suspect, as you are here. Most people who talk to the police end up giving them the missing information and in effect convict themselves. If you are truly innocent and feel you must do it, go ahead. However, the general advice from lawyers is, do not.... Read More
Normally, we attorneys advise not to speak with police as you have no obligation or duty to do so when you are as suspect, as you are here. Most... Read More

What happens if I’m on federal probation and I got pulled over driving without a license but didn’t get a warning?

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You may be cited by the police via summons in the mail. You will need to tell your federal PO. It would hard to believe he would violate you but, the feds are pretty strict. Ask your federal PD.
You may be cited by the police via summons in the mail. You will need to tell your federal PO. It would hard to believe he would violate you but, ... Read More

Will I get charged for peeing on myself inside the police car when I asked them several times that I need to go pee?

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
They cannot charge you with public urination or indecent exposure. I guess they could charge you with disorderly conduct. If you have a fair District Justice or Judge hear those charges, based on the way you describe it, I think you would be found not guilty.
They cannot charge you with public urination or indecent exposure. I guess they could charge you with disorderly conduct. If you have a fair ... Read More

What are my chances of getting out of jail?

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Nobody can answer that without more information. I retail theft usually is not the crime of the century, but you could receive anything from bumped up supervision, to a few months hit, to serving the balance of your probation in jail.
Nobody can answer that without more information. I retail theft usually is not the crime of the century, but you could receive anything from bumped... Read More

If you steal money from someone you live with, is it theft?

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
As far as I know.
As far as I know.

What are my options if I am on felony probation for the first time?

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You probation officer could file VOP papers with the judge. There could be a gagnon 1 hearing to determine if you stay out of jail pending the violation hearing with the judge. If are jailed on the VOP, you could hire an attorney to file a motion to see if he or she can convince the judge to lift your detainer and let you out. If you stay out of jail, you will have all the time to resolve the new charges and then go in front of your probation judge on the violation. The judge could do anything from extend your probation to sentencing you to jail. I would only be guessing as I know nothing about your case.... Read More
You probation officer could file VOP papers with the judge. There could be a gagnon 1 hearing to determine if you stay out of jail pending the ... Read More

Could he go to jail for not paying any of his court fees?

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Anyone can ultimately be placed in jail for not paying court costs.
Anyone can ultimately be placed in jail for not paying court costs.

What would a first time offender get for stealing a firearm?

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
He needs a lawyer. If he didn't steal firearms it is a simple assault case at best. If he has no prior record, he even has more options. If I represented him, he would have a good chance of not even being convicted.
He needs a lawyer. If he didn't steal firearms it is a simple assault case at best. If he has no prior record, he even has more options. If I ... Read More

How much time can you get and can charges get lower or can you get probation for an attempted robbery, robbery, simple assault with prior 11 years ago

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
No attorney can answer this without more information. It is like calling a car dealer and asking how much a car costs. Yes, it is always possible to get charges withdrawn. Yes it is always possible to get probation. More information is needed to know if these are options for you.
No attorney can answer this without more information. It is like calling a car dealer and asking how much a car costs. Yes, it is always possible ... Read More

Do I have a chance to get a gun permit if in 2008, I was arrested for using marijuana?

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You should be ok if you were not convicted. You should consider expunging your arrest record.
You should be ok if you were not convicted. You should consider expunging your arrest record.

Can my resisting arrest charge be reduced or dropped?

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
It sounds like many a story from a night out on the South Side. I have success in having charges withdrawn completely in these cases. I would only settle for a summary if there was no other option. I would call an attorney .
It sounds like many a story from a night out on the South Side. I have success in having charges withdrawn completely in these cases. I would only... Read More

What can my friend do if he hit a woman and he is in trouble with her?

Answered 10 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If he hit her and the state police called him, there is likely a correlation. He should not avoid the police but should also contact a criminal defense attorney immediately for an opinion.
If he hit her and the state police called him, there is likely a correlation. He should not avoid the police but should also contact a criminal... Read More

What happens if a person is driving on suspended license and 2 DUIs was caught twice driving on suspended license and reckless driving?

Answered 10 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If I understand this, the "person" has two prior DUI's and a suspended license and got two new driving under suspended license and a reckless driving citation? If so, he or she will face 2 section 1543 b's which will carry 60 days and 90 days in jail and a one year suspension for each. The reckless driving has a license suspension of at least 6 months. The car can be towed as the operator does not have a valid license to drive it home. I suggest that this person see a lawyer to mitigate his or her damages.... Read More
If I understand this, the "person" has two prior DUI's and a suspended license and got two new driving under suspended license and a reckless ... Read More

What should I do about a criminal mischief charge while drunk?

Answered 10 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I would hire a criminal defense lawyer to guide you on how to somehow get the charge dismissed. If you were my client, I would have you start alcohol counseling before the hearing.
I would hire a criminal defense lawyer to guide you on how to somehow get the charge dismissed. If you were my client, I would have you start ... Read More

Can I be convicted of a gun charge if I didn’t have a gun?

Answered 10 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You can be charged and convicted if the judge nor jury believe the cop planted the gun in the car.
You can be charged and convicted if the judge nor jury believe the cop planted the gun in the car.

If there is an overdose, can the person be charged with anything?

Answered 10 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I don't think one can be charged with a crime for overdosing unless there are drugs found on them. If the person was on probation, the probation officer if aware could file for a technical violation for use of drugs.
I don't think one can be charged with a crime for overdosing unless there are drugs found on them. If the person was on probation, the probation... Read More

Is it legal for an adult to pay a minor to attack another minor?

Answered 10 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Probably not.
Probably not.

What can I do if I was subpoenaed for calling police about man shooting rifle in a residential backyard?

Answered 10 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Comply with the subpoena. If you don't want to comply out of concerns for your safety, sit down with an attorney and give him all of the facts. Perhaps he or she can think of some alternatives.
Comply with the subpoena. If you don't want to comply out of concerns for your safety, sit down with an attorney and give him all of the facts.... Read More

What can I do if I have proof that the DA is charging under false allegations?

Answered 10 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Good proof. For example documents, videos, credible witnesses, etc. The DA doesn't need proof beyond a reasonable doubt to charge. It is a pretty low standard to charge, and often times, charges are filed based on someone's word and no more.
Good proof. For example documents, videos, credible witnesses, etc. The DA doesn't need proof beyond a reasonable doubt to charge. It is a pretty... Read More

How much jail time am I looking at after I plead guilty to a felony 2 forgery?

Answered 10 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Not enough information here to advise you. I would need to know the amount stolen, if any restitution was paid, the position of the DA, the personality of your judge, what county you are in, your age, circumstances, etc. Ask your lawyer.
Not enough information here to advise you. I would need to know the amount stolen, if any restitution was paid, the position of the DA, the ... Read More
Criminal Law
Pennsylvania

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