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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 15
Do you have any Pennsylvania Criminal Defense questions page 15 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

Is it possible to drop a leaving the scene charge?

Answered 10 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Your chances are better if you sit tell a lawyer all of the facts. It is always possible to get out of many crimes with a dismissal if you have no prior record. Your case sounds like you may have some defensible issues that may help in getting such a result. Do not talk to the police unless a lawyer hears the whole story and advises you whether or not to do so.... Read More
Your chances are better if you sit tell a lawyer all of the facts. It is always possible to get out of many crimes with a dismissal if you have no... Read More

How can I go about getting him out the jail if they are refusing to give him his meds and they keep pushing him around?

Answered 10 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Without more facts no one can advise you properly. I don't know if the state is holding him or a judge's probation officer. If it is the state Board of Probation and Parole, they will be difficult to deal with. If this was a judge's order, if he is still under the jurisdiction of a judge, your attorney can petition that judge for relief.... Read More
Without more facts no one can advise you properly. I don't know if the state is holding him or a judge's probation officer. If it is the state ... Read More

Will ARD always be a part of your past in the background with law officials even when you successfully completed the program?

Answered 10 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If you received ARD and your record was expunged, you should not have a criminal record when your official history is produced by the FBI or PA State Police. It may still appear on some private background check website that the basically relied on your arrest record and never removed the information. Every DA office will know you received ARD so you cannot get it twice.... Read More
If you received ARD and your record was expunged, you should not have a criminal record when your official history is produced by the FBI or PA ... Read More

can you be sentenced more than 6 months for subsequent offense of fleeing and eluding

Answered 10 years and 6 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Depends on several factors.  You have not stated whether the charge is a felony or misdemeanor.  Do you have any priors?  If so, those could be calculated for the purpose of enhancing your sentence (in the event you were convicted). Rather than responding to my post with confidential information about your case, You should call an attorney to consult about this very important issue. ... Read More
Depends on several factors.  You have not stated whether the charge is a felony or misdemeanor.  Do you have any priors?  If so, those... Read More

Does a person have to take a polygraph test if they are under investigation?

Answered 10 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
No one has to take a polygraph and should not do so if asked. If CYF filed a child line, and it was founded, it can stay in the Child Protective Services, DHS, system. You will receive a notice of it and can appeal it. If you appeal it, hire a lawyer to handle it.
No one has to take a polygraph and should not do so if asked. If CYF filed a child line, and it was founded, it can stay in the Child Protective... Read More

If you are being investigated for retail theft, but you haven't been charged nor have your Miranda rights been read to you, is there a way out?

Answered 10 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
She is being arrested by summons, which means by mail. Take the papers to an attorney. If this case is handled by an attorney she will have a good chance of a dismissal if she is a first timer.
She is being arrested by summons, which means by mail. Take the papers to an attorney. If this case is handled by an attorney she will have a good... Read More

Can a person get charged or convicted with rape when it never happened and it allegedly happened a year ago?

Answered 10 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You can be convicted on her word alone. You shouldn't be convicted on her word alone if you have an experienced and prepared attorney who is dedicated to the case.
You can be convicted on her word alone. You shouldn't be convicted on her word alone if you have an experienced and prepared attorney who is ... Read More

What do I do if I was accused of taking $2550 in inventory from employer?

Answered 10 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You should ask your lawyer, you are represented. He or she will tell you what is up.
You should ask your lawyer, you are represented. He or she will tell you what is up.

Is it illegal for a 13 year old to date a 17 year old with no sexual contact?

Answered 10 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
No, sexual charges can be filed unless sex happens or she becomes angry and makes it up. You could be charged with Corruption of Minors if you give her cigarettes, marijuana, alcohol, porn, etc. If you want to take the easiest way out, to avoid financial ruin and jail time, get away from her until she is 18.... Read More
No, sexual charges can be filed unless sex happens or she becomes angry and makes it up. You could be charged with Corruption of Minors if you give... Read More

my father said i and my boyfriend stole guns and reported it stolen. however it was a gift. what do I do now

Answered 10 years and 6 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Here is my advice, and I'm sorry that I can't be more detailed: consult with a lawyer.  Sounds like no charges have been filed yet.  And possibly, no charges will be filed.  Nonetheless, you will want to have someone to advise you if and when such charges are filed. I cannot be more specific on your point for a number of reasons.  Every criminal case is too fact intensive to discuss in a message post.  Consult with counsel. ... Read More
Here is my advice, and I'm sorry that I can't be more detailed: consult with a lawyer.  Sounds like no charges have been filed yet.  And... Read More

How long will someone go to jail for 3 counts of aggravated assault?

Answered 10 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Too many unknown facts here. I suggest you ask your lawyer, or take all your papers to a lawyer and go over everything.
Too many unknown facts here. I suggest you ask your lawyer, or take all your papers to a lawyer and go over everything.

if sign a guilty plea with 5 years probation

Answered 10 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No. If you plead guilty you actually are telling the court that you're guilty. You can't go back and undo it after 30 days passes (appeal period).
No. If you plead guilty you actually are telling the court that you're guilty. You can't go back and undo it after 30 days passes (appeal period).

Can I get a public defender for a summary for a court date for a retail theft

Answered 10 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Probably not for a summary, but it depends on your county's guidelines. Go to or call the public defender's office.
Probably not for a summary, but it depends on your county's guidelines. Go to or call the public defender's office.

What Can I expect for my mistake?

Answered 10 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
People make mistakes. The recommended sentence on stealing that amount is "Restorative Sanctions," provided you do not have a prior criminal history. Since you already paid restitution, I believe you're probably looking at 1 year's probation and you may even qualify for entry into the Accelerated Rehabilitative Disposition ("ARD") program, which allows you to petition for your record to be expunged after one year. I doubt any jail time will come of this if you have a clean record.... Read More
People make mistakes. The recommended sentence on stealing that amount is "Restorative Sanctions," provided you do not have a prior criminal history.... Read More

can the cops question a 10 year old without supervision in also can the search my home while im under arrest

Answered 10 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It's likely a "search subsequent to arrest" and will likely be upheld. They should not have questioned your brother without an adult there, but if he's not a suspect in a crime, it's not unlawful to do so.
It's likely a "search subsequent to arrest" and will likely be upheld. They should not have questioned your brother without an adult there, but if... Read More

Warrant Needded or not? Was this legal or not? it was the DEA

Answered 10 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It sounds like it could be an unlawful search. Have you been charged with a crime as a result of the search? If so, you can petition the court to suppress the search as unlawful and suppress all evidence found as a result of that search.
It sounds like it could be an unlawful search. Have you been charged with a crime as a result of the search? If so, you can petition the court to... Read More

What is a inactive case status

Answered 10 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Typically it means the court did not know where to serve you with papers and/or a warrant. I would call the court where the complaint was filed and find out.
Typically it means the court did not know where to serve you with papers and/or a warrant. I would call the court where the complaint was filed and... Read More

Will a civil action brought against an inmate affect a prison sentence?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
No. A civil suit will have no effect on his criminal sentence. The DOC should have no involvement other than making sure he gets his mail.
No. A civil suit will have no effect on his criminal sentence. The DOC should have no involvement other than making sure he gets his mail.

What legal action can I take if my ex has burned all my belongings, most importantly my father's cremated ashes?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Talk to the DA or police about criminal charges. Then, see if you can find a lawyer who might be interested in the civil case.
Talk to the DA or police about criminal charges. Then, see if you can find a lawyer who might be interested in the civil case.

Is there anything I can do to protect myself at a deposition I have been subpoenaed for?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
From what you say, you are not being sued, but only are a potential witness in some other case. A deposition of you has been scheduled so that the party who subpoenaed you, can learn what you know and if they want you as a witness. You will be testifying under oath. If you have any concern that you might state something that is contrary to what you previously wrote or said, you could conceivably create a legal problem for yourself. If this is the case, review the situation in person with a lawyer.... Read More
From what you say, you are not being sued, but only are a potential witness in some other case. A deposition of you has been scheduled so that the... Read More

Can I avoid jail with merchant theft?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You won't go to jail. I would consult with a criminal defense attorney as to your options. You may be able to have the charged dismissed in exchange for you completing a program.
You won't go to jail. I would consult with a criminal defense attorney as to your options. You may be able to have the charged dismissed in ... Read More

How do I defend against this claim and win if nothing I did was illegal or malice as she is claiming in her suit?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Theft by deception is a crime. You should first confirm whether you are being charged in civil court or criminal court. You really should have your paperwork reviewed by an attorney.
Theft by deception is a crime. You should first confirm whether you are being charged in civil court or criminal court. You really should have your... Read More

Would it help me before court if I was to pay back all of the stores?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Don't do this unless reviewing the entire case with an attorney. It may or may not be advisable. If you will not consult with an attorney, I would bring my money to court on the date of the hearing and see if you can get a dismissal in exchange of full restitution.
Don't do this unless reviewing the entire case with an attorney. It may or may not be advisable. If you will not consult with an attorney, I would... Read More

If I'm on the porch and the door is locked, can I refuse my wife's probation officer from entering?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You probably can but it will lead to greater problems such as him filing violation charges against her.
You probably can but it will lead to greater problems such as him filing violation charges against her.

I am 18, if I am talking to a minor as a friend and there was no sexuality involved, is it considered a crime?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
That would be a no.
That would be a no.
Criminal Law
Pennsylvania

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