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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 18
Do you have any Pennsylvania Criminal Defense questions page 18 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

The Police want to question mt 15 year old daughter a second time about what she heard students say in class room about a criminal matter.

Answered 10 years and 10 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I would always suggest taking a criminal attorney along when the police want to "talk," especially if this is the second time.
I would always suggest taking a criminal attorney along when the police want to "talk," especially if this is the second time.

Is this illegal and what are our options regarding software piracy?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Sounds like you might have a breach of contract with the old and/or new owners. You need to have a lawyer examine the contract. Perhaps, if there is a case, he can file for an injunction against the software being used.
Sounds like you might have a breach of contract with the old and/or new owners. You need to have a lawyer examine the contract. Perhaps, if there... Read More

What are the consequences for first offense of retail theft under $150, I was arrested and was sent home the same day?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
It is a summary offense. Hire an attorney as you will have a better chance of getting rid of it totally. Unless you want a criminal conviction on your record.
It is a summary offense. Hire an attorney as you will have a better chance of getting rid of it totally. Unless you want a criminal conviction on... Read More

Is my husband looking at jail time for resisting arrest?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Generally, with no or little prior criminal history, I would say not. I would hire a lawyer as you may have a way to defend this down to a summary level disorderly conduct, at least in Pittsburgh. If this happened in the outlying counties, where they take crime more seriously, perhaps probation is the best you can do. I would hire a lawyer and not do this alone.... Read More
Generally, with no or little prior criminal history, I would say not. I would hire a lawyer as you may have a way to defend this down to a summary... Read More

Is there anything I can do about my public defender who is incompetent?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
The judge sentences you, not the PD. You need to talk to her. What you are saying here doesn't make much sense. Take someone with you if you cannot understand what she is telling you. If you don't want her to represent you, A) talk to her boss, or, B) file a motion to ask the judge for a new lawyer, or C) hire your own private counsel.... Read More
The judge sentences you, not the PD. You need to talk to her. What you are saying here doesn't make much sense. Take someone with you if you ... Read More

if someone robs you and you kill them is that first dergree murder

Answered 10 years and 10 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
There is a chance it wouldn't be murder at all.  But a question like this is going to be very fact specific. Under the scenario posed in your question, if you are looking to raise a self-defense claim, you will have to persuade a jury that you acted in self defense, so keep that in mind.  Furthermore, self-defense is a last resort in a situation particularly if you were to use deadly force, such as a gun. ... Read More
There is a chance it wouldn't be murder at all.  But a question like this is going to be very fact specific. Under the scenario posed in your... Read More

If I was arrested for a controlled substance, suit, and brass knuckles, can I ever own a firearm?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If you were convicted, it may be a problem but an attorney would have to know more information, like what you were actually convicted of.
If you were convicted, it may be a problem but an attorney would have to know more information, like what you were actually convicted of.

What is the statute of limitations on breaking and entering?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
There is no crime of "breaking and entering" in PA. There is burglary, which has a 5 year statute of limitations.
There is no crime of "breaking and entering" in PA. There is burglary, which has a 5 year statute of limitations.

If my boyfriend has more than 5 felonies and there are many firearms in our home, is this legal or would he go to jail?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I think he probably is banned from even possessing firearms with at least one felony conviction.
I think he probably is banned from even possessing firearms with at least one felony conviction.

What should I do if the cops pressed charges against me because of a fight between my girlfriend and I?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I could go on, as I have handled many of these cases. the short answer is, get an attorney to direct both of you how to proceed and to speak with the DA and cop at the hearing. You may want to be proactive and enroll on a county approved domestic violence program, BEFORE the hearing.
I could go on, as I have handled many of these cases. the short answer is, get an attorney to direct both of you how to proceed and to speak with... Read More

Held in county prison for two years and three months without hearing

Answered 10 years and 10 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you pled guilty and the sentence was 2-4, you waived your right to a trial. Any lawyer is going to want to be paid up front. Perhaps family can help?
If you pled guilty and the sentence was 2-4, you waived your right to a trial. Any lawyer is going to want to be paid up front. Perhaps family can... Read More

Need an attorney to request on his or her letterhead to district attorney to allow early release from probation

Answered 10 years and 10 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You really need to have an attorney bring a motion before the trial court judge to ask for early release from probation.
You really need to have an attorney bring a motion before the trial court judge to ask for early release from probation.

If I have an arrest but will not be convicted, will this affect adoption background check?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Not sure, probably not. But, you need to be honest about it when asked by the court or adoption agency.
Not sure, probably not. But, you need to be honest about it when asked by the court or adoption agency.

If the drugs found in the trunk of rental car is not mine, can I beat the charge?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
It is possible but you would have to share all of the facts-the details with an attorney. If the car is not yours and no one can say you put the drugs in the trunk, you have a really good chance.
It is possible but you would have to share all of the facts-the details with an attorney. If the car is not yours and no one can say you put the ... Read More

can the D.A. hold back info

Answered 10 years and 11 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I need more information.   You need to consult with legal counsel.  You've raised issues about evidence, competence of witnesses, etc. that require a detailed discussion and more information. 
I need more information.   You need to consult with legal counsel.  You've raised issues about evidence, competence of witnesses, etc. that... Read More

Cops made my friend record me on a phone convo. Do they need a warrant for that? I didnt no I was being recorded.

Answered 10 years and 11 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Depends.  There is a legal test for such a situation that turns on your expectation of privacy.  Given the facts, it makes sense to consult with a criminal attorney in your area for assistance. 
Depends.  There is a legal test for such a situation that turns on your expectation of privacy.  Given the facts, it makes sense to consult... Read More

My 13 year old son accidentally damaged a neighbors property after taking my son to apologize and fix the damage he called the police.

Answered 10 years and 11 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
To answer your second question, there is a possibility that juvenile delinquency charges (the equivalent of criminal charges for juveniles)  have been filed against your son.  You will be notified by law enforcement if that is the case.  As far as the civil case, I would need more information to determine what, if any, liability exists.  I recommend calling an attorney. ... Read More
To answer your second question, there is a possibility that juvenile delinquency charges (the equivalent of criminal charges for juveniles)... Read More

I am a juvenile, what would I be charged for if anything?

Answered 10 years and 11 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Very much depends on what the DA and Probation Officer determine.  As a juvenile, your first step will be an interview with a Probation Officer.  I would strongly recommend consulting with a private attorney who deals with juvenile matters or applying for a Public Defender. 
Very much depends on what the DA and Probation Officer determine.  As a juvenile, your first step will be an interview with a Probation Officer.... Read More

My son is being held in a county jail in pa., on 2- misdemeanor charges. He has been there now for 3.5 months. Is it true that they should have had

Answered 10 years and 11 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Looks like your question got cut off.  If you are asking whether he can be held that long, the answer is yes.  What amount of bail was set?  Contacting a bail bondsman or finding a way to post collateral to get him out is your best option at this point, until the charges are resolved. ... Read More
Looks like your question got cut off.  If you are asking whether he can be held that long, the answer is yes.  What amount of bail was set?... Read More

how ro fight my speeding ticket right?

Answered 10 years and 11 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Based on the information you provide, I think you should contest the ticket.  Look at hiring a traffic ticket attorney in your area to represent you.  
Based on the information you provide, I think you should contest the ticket.  Look at hiring a traffic ticket attorney in your area to represent... Read More

What can I legally do if my 7 year old daughter was grabbed and pushed off my neighbor’s porch by their 14 year old son?

Answered 10 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
At first impression, I would make a claim against their homeowners insurance company for medical expenses. If the other parents do not cooperate you need to get an attorney to force them. As far as a suit against the other parents, it may be hard to prove unless you have some evidence that they were neglectful in their duty to supervise the children.... Read More
At first impression, I would make a claim against their homeowners insurance company for medical expenses. If the other parents do not cooperate... Read More

What happens when charges are never filed?

Answered 10 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I would ask your attorney.
I would ask your attorney.

Can I be found responsible for this one time sale of my prescription drugs?

Answered 10 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
don't say anything to anyone except the lawyer you will be hiring.
don't say anything to anyone except the lawyer you will be hiring.

How do I get a copy of the discovery from a 2007?

Answered 10 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If it is your discovery, I think you or your counsel of record can get it from the DA by written request.
If it is your discovery, I think you or your counsel of record can get it from the DA by written request.

Is there a statue of limitation that apply to this criminal case?

Answered 10 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You need to review all the details with an attorney. They may not have used due diligence to find you if they had a good phone number. This may help with any applicable statue of limitations argument.
You need to review all the details with an attorney. They may not have used due diligence to find you if they had a good phone number. This may ... Read More
Criminal Law
Pennsylvania

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