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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 13
Do you have any Pennsylvania Criminal Defense questions page 13 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

If you defend a client by reason of insanity, in your argument, can you agree that your client committed a crime?

Answered 10 years and 3 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
What you are really doing when you raise an "insanity defense" is not arguing that your client did not physically commit the criminal acts, but rather arguing that your client did not have the requisite mental state to commit a criminal act.  Most crimes require proving two elements to sustain a conviction--that the act itself occurred as well as having the mental state to commit an offense. ... Read More
What you are really doing when you raise an "insanity defense" is not arguing that your client did not physically commit the criminal acts, but... Read More

how long do you have to be charged with criminal mischief?

Answered 10 years and 3 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Charges can be filed any time within the statute of limitations for this offense.  Typically, charges are filed within one to two months of the incident that occurred.   
Charges can be filed any time within the statute of limitations for this offense.  Typically, charges are filed within one to two months of the... Read More

What happens if my rental car is not returned?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Report it to the rental company and file a police report for a missing car unless If you have any involvement in this which may be criminal. If so, peak with a lawyer first before doing anything. If you are not involved in some sort of crime, you should report this as you could look like you are involved by waiting too long. Plus, I am sure your rental contract has some language in it which deals with your duty to report the car if stolen.... Read More
Report it to the rental company and file a police report for a missing car unless If you have any involvement in this which may be criminal. If so,... Read More

What could happen if you are charged with forgery?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
It is still a crime whether she is reimbursed or not. Theses cases can be worked out for a dismissal if restitution is paid. If you can pay the money at the hearing, his attorney may be able to get a dismissal or withdrawal of the charges.
It is still a crime whether she is reimbursed or not. Theses cases can be worked out for a dismissal if restitution is paid. If you can pay the ... Read More

Will someone be drug tested in court for receiving a controlled substance ticket?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Someone can be charged (in PA, I am not sure what state you are in) with possession of marijuana for just residue. Theses cases can usually be worked out to a summary Disorderly Conduct, or even a dismissal for completion of community service given the right circumstances.
Someone can be charged (in PA, I am not sure what state you are in) with possession of marijuana for just residue. Theses cases can usually be ... Read More

What can I do about false child abuse reports filed against me by my ex?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You need a criminal defense attorney to advise you after you tell him all of the facts. Generally, polygraphs are not advisable. The results are not admissible in court and you could fail it even if you are innocent. These questions are difficult to advise on without knowing ALL of the facts. My advice is to consult with a criminal defense attorney. Some may not charge a consultation fee. Even if he or she does, it will be worth it.... Read More
You need a criminal defense attorney to advise you after you tell him all of the facts. Generally, polygraphs are not advisable. The results are... Read More

How do I revoke the durable power of attorney?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Normally, a good POA has language that says this POA can only be revoked in writing. Therefore, a new POA with language that says this new POA revokes all prior POA's, will be sufficient. Also, you can revoke it by written letter, signed by you which you should deliver to all persons or entities who possess or are relying on the old POA.... Read More
Normally, a good POA has language that says this POA can only be revoked in writing. Therefore, a new POA with language that says this new POA ... Read More

Can they really sue me for a full refund if they are claiming that the photos were not professional and I missed some special moments?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Anybody can sue anybody. It does not mean that they will win. It sounds like you have some good points. 12 weeks is a long time. You will do better with an attorney but if you cannot afford one, you need to organize your timeline and documents and defend yourself in court the best you can. You may win. If the judge decides in their favor, it won't be for the entire amount. If you are sued, at least consult with a lawyer for some direction.... Read More
Anybody can sue anybody. It does not mean that they will win. It sounds like you have some good points. 12 weeks is a long time. You will do better... Read More

Can the new owner sell the house again if it has a lawsuit?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
No one can understand this question enough to give you an answer. I would suggest writing it again or having someone assist you in writing it. Better yet, call a lawyer.
No one can understand this question enough to give you an answer. I would suggest writing it again or having someone assist you in writing it.... Read More

What can happen on an attempted use of online stolen credit card?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Cancel it asap. You can be charged with access device fraud, theft, identify theft and end up in juvenile court.
Cancel it asap. You can be charged with access device fraud, theft, identify theft and end up in juvenile court.

Is there any way that Grand Theft Auto Misdemeanor charge can be changed or the charges can be lowered?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Without knowing more, anything is possible. The charges could be withdrawn, the charges could be reduced to Unauthorized Use of a Motor Vehicle, a misdemeanor, or even a summary Disorderly Conduct. Have him get an attorney to work this weird family matter, albeit criminal, out between your boyfriend and his mom.... Read More
Without knowing more, anything is possible. The charges could be withdrawn, the charges could be reduced to Unauthorized Use of a Motor Vehicle, a... Read More

Once he is arrested, what would the charges be and how soon could he be out on bail?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
No one can say what he will be charged with based on your limited description. The possibilities are REAP, Terroristic Threats, Aggravated Assault, Violation of Uniform Firearms Act, Possession and/or Possession With Intent to Deliver a controlled substance, Disorderly Conduct, Harassment, etc. Bond will be set. You should contact a lawyer.... Read More
No one can say what he will be charged with based on your limited description. The possibilities are REAP, Terroristic Threats, Aggravated Assault,... Read More

Someone verbally threatened my life and his girlfriend was the only witness, what can I do?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I would stay away from him.
I would stay away from him.

Is that a conflict of interest if he once represented me and now he is working for the state and going against me?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Possibly, tell your attorney and see if he thinks there is a conflict. If he is a an assistant DA, his office can easily assign another DA.
Possibly, tell your attorney and see if he thinks there is a conflict. If he is a an assistant DA, his office can easily assign another DA.

How do I postpone a pre-trial conference?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
In my county it is difficult. Have your attorney do it. If you are doing it yourself, you could try to visit the judge's clerk and explain your reasons which will need to be good.
In my county it is difficult. Have your attorney do it. If you are doing it yourself, you could try to visit the judge's clerk and explain your ... Read More

Can I claim self-defense if needed, also should I call and ask if I've even been charged?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If you do this yourself there is no telling what will happen. Hire a private attorney or talk to an attorney through the Public Defender.
If you do this yourself there is no telling what will happen. Hire a private attorney or talk to an attorney through the Public Defender.

What can happen to me after my friend’s dog bit someone while with me?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
That is what you get for being a good guy. No good deed goes unpunished. Whatever you do, you need to answer the complaint or a default judgment will be taken against you. If this is the first time the dog ever bit anyone, you may have a good defense. They most likely have an ambulance chasing attorney who hopes to settle for a couple grand. Contact your insurance company immediately-your homeowners, renters, or auto-to see if you have coverage. If not shop around for an attorney to see if one can defend you for a reasonable price.... Read More
That is what you get for being a good guy. No good deed goes unpunished. Whatever you do, you need to answer the complaint or a default judgment ... Read More

Did that Law Enforcement officer have the right to stop me at no cause?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
He obviously thinks you are an unlicensed Amish jitney driver and in violation of some sort of PA law. Since you were not cited, you have no probable cause issue as there was no damage. However, you may want to tale to a lawyer out there in Lancaster about what you are doing.
He obviously thinks you are an unlicensed Amish jitney driver and in violation of some sort of PA law. Since you were not cited, you have no ... Read More

Can the commonwealth pick up the charges with no victim?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
The Commonwealth always says they can, but with no victim as their witness to make out the elements of the crime, they will have a rough time proving their case. This is complicated stuff and it really depends on factors an experienced criminal defense attorney can help you with such as, the position of the victim, the personality of the DA and the judge, how much the cop pushes the case and how strong or weak the facts are against you.... Read More
The Commonwealth always says they can, but with no victim as their witness to make out the elements of the crime, they will have a rough time... Read More

My spouse is on parole and didn't change his address in time, the police showed up at his job and he got scared and ran, what can happen?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I don't know the terms and condition of his parole or probation. Generally, you must inform the PO of a change of address. If you do not it is considered a technical violation and could possibly result in a short jail sentence. He made matters worse by running. The only thing he can do is turn himself in, take the hit and do the time, and don't do anything stupid again. As least not while on parole.... Read More
I don't know the terms and condition of his parole or probation. Generally, you must inform the PO of a change of address. If you do not it is... Read More

Will I be arrested if earlier today, I was talking to an escort?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Probably not, buy if the cops contact you, don't make any statements. Even if you get arrested an attorney can get you out of this.
Probably not, buy if the cops contact you, don't make any statements. Even if you get arrested an attorney can get you out of this.

Would it be possible for him to go with us on a cruise with permission from his parole officer?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You can ask the PO if he will approve such a window, but most likely, you will need your attorney to get the judge's permission by filing a motion and having the judge issue an order which grants the permission.
You can ask the PO if he will approve such a window, but most likely, you will need your attorney to get the judge's permission by filing a motion... Read More

On county parole and might have caught a new charge

Answered 10 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It hinges heavily on what kind of arrangement can be worked out with your PO and the DA. Worst case scenario--you can be remanded to jail for the remainder of your probation.
It hinges heavily on what kind of arrangement can be worked out with your PO and the DA. Worst case scenario--you can be remanded to jail for the... Read More

Felony Expunge

Answered 10 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Unfortunately, in the state of Pennsylvania, you are only eligible for an expungement if you are 70 years old or older. The other option would be a pardon through the pardon board.
Unfortunately, in the state of Pennsylvania, you are only eligible for an expungement if you are 70 years old or older. The other option would be a... Read More

What kind of charges will I face for harassing by ex by anonymous text free app on my cell?

Answered 10 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If there were no threats of violence, and you don't have a record, you'll  probably be facing summary harassment charges.
If there were no threats of violence, and you don't have a record, you'll  probably be facing summary harassment charges.
Criminal Law
Pennsylvania

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