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 17
Do you have any Pennsylvania Criminal Defense questions page 17 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

If I have a felony can I still get my gun license?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If you were convicted of the felony, probably not.
If you were convicted of the felony, probably not.

Is it illegal to have confederate flag on private property on a shed?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I think you need to ask an attorney who specializes in U.S Constitutional law. Call the ACLU. My opinion is that as long as it is on your property, it is ok, unless it is inciting riotous conditions or causing a public disturbance. Like, if your shed faces a home owned by African Americans.... Read More
I think you need to ask an attorney who specializes in U.S Constitutional law. Call the ACLU. My opinion is that as long as it is on your property,... Read More

How can they arrest my son for something he already served time for?

Answered 10 years and 9 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Was there a probation "tail" on his sentence? If so, they may be alleging he violated his probation.
Was there a probation "tail" on his sentence? If so, they may be alleging he violated his probation.

divorce decree forged

Answered 10 years and 9 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
This is something a lawyer should handle, but that being said. You can bring a Motion to Vacate to the judge and have the divorce decree voided.
This is something a lawyer should handle, but that being said. You can bring a Motion to Vacate to the judge and have the divorce decree voided.

can police in pa. search your private space without your or homeowners permission

Answered 10 years and 9 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It's a tricky area of law. If someone in the house grants permission to the police, they usually can search.
It's a tricky area of law. If someone in the house grants permission to the police, they usually can search.

Can I change my public defender if she isn't on my side of my case even though she is free and I can't afford my own lawyer?

Answered 10 years and 9 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can ask the judge. There is a guarantee of a free lawyer in the US, but not a free lawyer of your choice. However, sometimes, if there are irreconcilable differences, the judge will assign you a lawyer from the conflicts' counsel office.
You can ask the judge. There is a guarantee of a free lawyer in the US, but not a free lawyer of your choice. However, sometimes, if there are... Read More

Can I file an expungement my self. (Pa.R.P790)

Answered 10 years and 9 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The law says you have to be age 70, so you have to wait until then. Expungements are not terribly difficult, but if you get stuck a lawyer can guide you through the process.
The law says you have to be age 70, so you have to wait until then. Expungements are not terribly difficult, but if you get stuck a lawyer can guide... Read More

How long can they hold me for absconding probation?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I would hire a lawyer to turn yourself in and see if he can negotiate with the PO to lift your detainer. If not, turn yourself in and have the lawyer file a petition to lift detainer with the judge. Hopefully, you can think of a good excuse for not reporting which your attorney can put in the motion.... Read More
I would hire a lawyer to turn yourself in and see if he can negotiate with the PO to lift your detainer. If not, turn yourself in and have the ... Read More

How do I get these charges removed from my summary sheet?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If you were convicted of misdemeanors and/or felonies, you cannot expunge them. You probably can expunge the counts you were not convicted of. I say "probably" as you would file a partial expngement petition and the DA may object. The total expungement process can take 9-15 months for the records to be removed which sounds like too long of a wait for you.... Read More
If you were convicted of misdemeanors and/or felonies, you cannot expunge them. You probably can expunge the counts you were not convicted of. I... Read More
If the mother says it is all her idea and actions, it is possible that the police or the DA may withdraw the charges against the kid. She should be careful that this doesn't conflict any prior statement that she made or she could be charged with false statements. Mom should talk the facts over with a lawyer.... Read More
If the mother says it is all her idea and actions, it is possible that the police or the DA may withdraw the charges against the kid. She should be... Read More

What can I expect from this marijuana case?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You really need to talk the entire situation over with a lawyer. You may have a probable cause or other defense. Even if you do not have a defense, as a first timer, you most likely can receive a first timer's diversionary program that will allow you to get out of this with no record. Talk to your attorney about "cooperating" with the police. I doubt if he or she will think it is advisable.... Read More
You really need to talk the entire situation over with a lawyer. You may have a probable cause or other defense. Even if you do not have a ... Read More
A judge CAN keep him detained until his new charges are disposed of before scheduling a probation violation hearing. At the PV hearing, the judge CAN sentence him to jail for the remainder of his probation. You can hire a lawyer to file a petition to lift detainer. An attorney who knows all the facts can advise you more thoroughly if this may work.... Read More
A judge CAN keep him detained until his new charges are disposed of before scheduling a probation violation hearing. At the PV hearing, the judge... Read More

Can i be eligible for an early guilty plea resolution forPA if i have a previous petty larceny charge in VA

Answered 10 years and 9 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you haven't completeted your "CRN" evaluation, go ahead and do that. That will screen you to see if you're eligible. Depending on the level of the charge of petty larceny, you may be eligible.
If you haven't completeted your "CRN" evaluation, go ahead and do that. That will screen you to see if you're eligible. Depending on the level of the... Read More

What can I do to have this lifted without going back and without going to jail?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Try to work it out on your own by calling whoever issued the warrant-whether it is a District Justice Office or a Judge. If that doesn't work, hire a lawyer.
Try to work it out on your own by calling whoever issued the warrant-whether it is a District Justice Office or a Judge. If that doesn't work, hire... Read More

What will happen from a criminal mischief for urinating on hotel property?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I doubt if these are felonies and suspect that they are summary offenses. I would consult with a criminal defense lawyer. If you have no criminal history, an attorney may be able to have all the charges withdrawn, to preserve your record.
I doubt if these are felonies and suspect that they are summary offenses. I would consult with a criminal defense lawyer. If you have no criminal... Read More
You really need a lawyer for your son.
You really need a lawyer for your son.

What happens if I get pulled over with suspended license and no insurance?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If the suspended license if for a DUI (1543b) and a first time for you, $500 fine and 60 days in jail and a 1 year license suspension. If a non-DUI driving under suspension, (1543a), then a fine and no jail and a 1 year license suspension. No insurance is a higher fine and a license suspension. I strongly advise you to see an attorney as he or she may be able to improve your situation.... Read More
If the suspended license if for a DUI (1543b) and a first time for you, $500 fine and 60 days in jail and a 1 year license suspension. If a non-DUI... Read More
After he was convicted, he can raise the fact that evidence existed that he was innocent and someone else committed the crime. He would do this in his post conviction petition and appeal to higher courts. It may or may not result in him getting a new trial, however, it is a real uphill battle for him. If he is vindicated, and granted a new trial, whether or not the DA chooses to prosecute you, is another issue. If this is your question, then my opinion is that the DA is unlikely to file the same charges against you as it will reinforce the fact that the DA made a mistake and open up greater civil liability against the DA's office.... Read More
After he was convicted, he can raise the fact that evidence existed that he was innocent and someone else committed the crime. He would do this in... Read More

Does this make the search warrant invalid since its outdated?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Really difficult to answer without more information. Take the copy of the affidavit of probable cause to an attorney for review. I have won several cases on "stale" warrants. Meaning, they applied for the warrant, had it signed by a District Justice, in, lets say January and didn't execute it till months later. It may be a winner but let a lawyer look at it .... Read More
Really difficult to answer without more information. Take the copy of the affidavit of probable cause to an attorney for review. I have won several... Read More

Failure to Appear as a Victim

Answered 10 years and 10 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
As a practical matter, the police do not typically come after alleged victims for failing to answer a subpoena.  However, at this point you have hindered your ability to gain restitution/compensation as a victim by not going. 
As a practical matter, the police do not typically come after alleged victims for failing to answer a subpoena.  However, at this point you have... Read More

does it cost money to get felony charges eased from my juvinel record .

Answered 10 years and 10 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Many attorneys specializing in criminal defense/expungements will be able to do this for you.  An attorney will determine his rate depending on the amount of work involved.  I would contact criminal lawyers in your county for more detailed information. 
Many attorneys specializing in criminal defense/expungements will be able to do this for you.  An attorney will determine his rate depending on... Read More

Can a person on probation get violated of a domestic charge was dropped?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If the charges are dropped, he may be violated unless for "technical violations" such as illegal behavior, not reporting, etc. if any of those apply .
If the charges are dropped, he may be violated unless for "technical violations" such as illegal behavior, not reporting, etc. if any of those... Read More

Will I go to jail for first offense retail theft valued at less than $150?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
No, unless you have a significant criminal history for other crimes. You should consult with an attorney as sometimes there are first time offenders programs so you can get out of this without a summary conviction.
No, unless you have a significant criminal history for other crimes. You should consult with an attorney as sometimes there are first time ... Read More
Sounds like a scam. You know you are being sued when you are served papers personally.
Sounds like a scam. You know you are being sued when you are served papers personally.
It really sounds like an awful situation. I hate to tell you what you already know, but you need a good attorney to investigate whether you can get back into court on an after discovered evidence claim.
It really sounds like an awful situation. I hate to tell you what you already know, but you need a good attorney to investigate whether you can get... Read More