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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 16
Do you have any Pennsylvania Criminal Defense questions page 16 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

Can an arraugnment be rescheduled due to a family funeral?

Answered 10 years and 7 months ago by Keith J. Bidlingmaier (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Your arraignment cannot be continued in Bucks County but it can be waived if you have an attorney.  If I can be of assistance please give me a call.  My office is in Bucks Co. Keith Bidlingmaier 215-968-6602
Your arraignment cannot be continued in Bucks County but it can be waived if you have an attorney.  If I can be of assistance please give me... Read More

What happens if no statement was made and no charges were filed from the other party?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If this allegation is the only thing holding him, he should be released within 24 hours. If there is another matter holding him, like a probation warrant, he can be held for that.
If this allegation is the only thing holding him, he should be released within 24 hours. If there is another matter holding him, like a probation... Read More

Will they come here to arrest me as I have told the court in another state where I now live?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
It is a possibility, not real likely, but a possibility. I would just get on a payment plan or send something even it is just $20 per month.
It is a possibility, not real likely, but a possibility. I would just get on a payment plan or send something even it is just $20 per month.

What can we do about charges being filed against the wrong person?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Talk to a lawyer. Your daughter needs one if charges are filed against her. A lawyer can advise how to get her out of this with no conviction. As for you, you may have a civil suit, possibly.
Talk to a lawyer. Your daughter needs one if charges are filed against her. A lawyer can advise how to get her out of this with no conviction. As... Read More

Will she get in trouble if she files false charges?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Making a false report to police will subject the reporter to criminal charges.
Making a false report to police will subject the reporter to criminal charges.

What can I do if the DA threaten me to give a statement that was not true?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You really need a lawyer to deal with the DA.
You really need a lawyer to deal with the DA.

If you were charged with possession, is it a law that your licenses are automatically suspended?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Only if you are convicted, can a driver's license suspension be invoked by PennDOT. See a lawyer.
Only if you are convicted, can a driver's license suspension be invoked by PennDOT. See a lawyer.

What can we legally do if my daughter's friend believes she raped her while she was intoxicated?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I have had many of these teenage sexual experimentation cases. 20 years ago, no big deal, it was part of life. Today, once adults get involved, with all the conflicting "morals" of society pounded into their pea brains, charges could be filed. My advice. Do not let your daughter have any contact whatsoever with this girl, no texts, no emails, nothing. You should not talk to her parents without having a lawyer advise you or through the lawyer. The worst thing that can happen is your daughter to confirm what happened via text or email , and make matters worse. Preserve evidence, the statement from the witness, any subsequent texts or emails between the girls. Again, see a lawyer.... Read More
I have had many of these teenage sexual experimentation cases. 20 years ago, no big deal, it was part of life. Today, once adults get involved, ... Read More

If I am a minor looking to join the Army, but I was just told recently I had a warrant for a fine I never paid, will I get arrested?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Probably not, but I highly advise you to hire a lawyer to resolve this in a way so you have no criminal record.
Probably not, but I highly advise you to hire a lawyer to resolve this in a way so you have no criminal record.

If I have finished my probation and had no violations and officer signed off is my case closed or still active?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
The cases may be closed but if you have a criminal arrest record, it will show if you are stopped by police and they run your information. I would talk to an attorney about expunging all the crimes you were arrested for but convicted.
The cases may be closed but if you have a criminal arrest record, it will show if you are stopped by police and they run your information. I would... Read More

Can I own a gun at home if my husband is an ex-felon?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I think you can possess one, you can obtain a carry permit, but your husband may be in violation of the law if he is residing where guns are kept.
I think you can possess one, you can obtain a carry permit, but your husband may be in violation of the law if he is residing where guns are kept.

If you are a passenger in the car when driver is drinking can you get arrested if he/she is pulled over?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Not for DUI, only if you commit a crime while he or she is being arrested-possession of illegal contraband like drugs or guns, disorderly conduct, interfering with arrest. This usually happens if the passenger argues with police while there buddy is being cuffed and beaten.
Not for DUI, only if you commit a crime while he or she is being arrested-possession of illegal contraband like drugs or guns, disorderly conduct,... Read More

want to appeal guilty plea

Answered 10 years and 8 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The time period is very limited on appeals. You need to act and quickly.
The time period is very limited on appeals. You need to act and quickly.

Is it a law in that your licenses are automatically suspended for possession charge?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
It is permissible under the law. At sentencing, many judges and DA's feel they are not obligated to inform you of a driver's license suspension because, as they will tell you, it is purely an administrative/PennDOT matter of which they have nothing to do with it. A good attorney would have told you this before pleading and sentencing.... Read More
It is permissible under the law. At sentencing, many judges and DA's feel they are not obligated to inform you of a driver's license suspension... Read More

Could I buy a handgun and get a conceal carry permit if I have marijuana possession?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You should be able to, especially if you got PWV. Make sure your arrest record has been expunged. Potentially, that may be a problem.
You should be able to, especially if you got PWV. Make sure your arrest record has been expunged. Potentially, that may be a problem.

Can a domestic violence charge be dismissed if the wife refuses to testify?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
It can little trickier than the case being dismissed if the wife refuses to testify. I know nothing of the personality of your DA and the District Justice or Judge, but it can ending up where they pressure your wife to testify. If you can afford it, I would hire an attorney .
It can little trickier than the case being dismissed if the wife refuses to testify. I know nothing of the personality of your DA and the District... Read More

What can I do if I went to court on a prohibited acts case and now I'm being finger printed for possession of marijuana?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I cannot give you a better answer than to hire a lawyer to defend you.
I cannot give you a better answer than to hire a lawyer to defend you.

Will simple assault charges be dropped if the victim does not testify?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Possibly. The DA will probably continue the case and tell the cop to get the victim. It may even be continued a second time if the victim shows up. If it is a serious case, the DA will pressure the cop to get the victim into court. If not, the case will eventually be withdrawn or dismissed if you have an attorney. If you don't have an attorney you may get pressured into pleading to a summary. All sorts of things can happen to you. It will go better if you have an attorney.... Read More
Possibly. The DA will probably continue the case and tell the cop to get the victim. It may even be continued a second time if the victim shows up.... Read More

I have a public defender who isnt supporting me. I can't afford my own lawyer and I can't change her since shes free. What am I suppose to do now?

Answered 10 years and 8 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Unfortunately, you cannot have your choice of a free attorney. If you really feel she is acting against you, ask her about getting a conflict's counsel attorney appointed to represent you.
Unfortunately, you cannot have your choice of a free attorney. If you really feel she is acting against you, ask her about getting a conflict's... Read More

What happens and what do I do if I didn’t know that I wasn’t supposed to travel out the state without my probation officer knowing?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If she doesn't know you went on vacation, it may more harmful to tell her now, after the fact. Now you know. She probably would have agreed if you told her and if she didn't, you could get a lawyer to file a petition asking your probation judge to allow it.
If she doesn't know you went on vacation, it may more harmful to tell her now, after the fact. Now you know. She probably would have agreed if you... Read More

In a DUI, is it legal for cop and nurse at the hospital to draw blood with no choice?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
It might be but you would have to go over ALL of the facts with an attorney. The last time I had something like this, the blood was admissible because my client was being treated for injuries.
It might be but you would have to go over ALL of the facts with an attorney. The last time I had something like this, the blood was admissible... Read More

If someone was maxed out on probation and has a detainer from the judge, once charges are dropped will the detainer be?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Not necessarily. Look at the violations alleged by the PO carefully. They may have added some technical violations like not reporting, illegal behavior, etc. You should ask the PO.
Not necessarily. Look at the violations alleged by the PO carefully. They may have added some technical violations like not reporting, illegal... Read More

What punishment will I receive if I stole a few small items from an old roommate and sold them online?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You should contact a lawyer. If I were representing you I would try to have the case dismissed if you can make full restitution-meaning, paying him back.
You should contact a lawyer. If I were representing you I would try to have the case dismissed if you can make full restitution-meaning, paying him... Read More

Can I get in trouble for making sexual innuendos/jokes to a minor when I thought he was an adult online?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Probably not, unless it was real dirty stuff. But, if the worst happens, and law enforcement calls you, which I seriously doubt will happen, don't talk to them before you talk to a lawyer.
Probably not, unless it was real dirty stuff. But, if the worst happens, and law enforcement calls you, which I seriously doubt will happen, don't... Read More

What is the approximate cost or if qualified, would legal aid be able to help expunging a past charge?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
As long as you were not convicted of it, you can expunge it. As far as free legal service, I don't think that is available for expungements. You may try shopping around to get a good price, or call the Allegheny County Bar Association Lawyer Referral Service to see if they can direct you to some sort of reduced fee panel.... Read More
As long as you were not convicted of it, you can expunge it. As far as free legal service, I don't think that is available for expungements. You... Read More
Criminal Law
Pennsylvania

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