Pennsylvania Criminal Defense Legal Questions

There is someting wrong if you are gettting incorrect court dates from your public defender. If he or she is part of a defendder office, call that office and ask to speak to a suopervisor. If this lawer is not in a frim yoiu may want to consider filing a complaint with the Disciplinary Board of the Supreme curt of pennsylvania but be ready to prove your allegatkon that yiur public defender kept sendkngyiou the wrong dates for court.... Read More

You need to hire a crimina defense lawyer. This is a very serious case and yiu need a lawyer's help right away. One of the firste things the lawyer can do is adddress the isue of the high bail and work on getting it lowered to an amount that you can afford. ßpendign moiney onthe lawyer first wilk be money well spent.... Read More

You need a lawyer. If you don't haave one. What county are you in? If you are inthe Philadelphia area, I can help you. I have over forty years of exp[eroence incriminal cases and I am sue I can help you.  all me tomorrow at 215 421-8034 for a free consultation.   Barnaby Wittels... Read More

There is almost no way of answering that question without a much more thorough consultation.  Realistically, even with a more thorough consultation most attorney's would want to see some discovery before they advise you.  In the Commonwealth you don't have to prove your innocence.  Your story seems very thin.  That being said who's to say they can truly tie the actual action to you.  Paper cases can have nuance to them which makes them difficult.  Rather than searching for answers on the internet you need to sit down with an attorney and spend some actual time with them.  In excess of 100k theft you could be looking at substantial jail time.     ... Read More

I know that courts can be frustrating right now.  As a criminal defense attorney with multiple cases that need to go to trial, my clients are frustrated everyday by being unable to "have their day in court".  Unfortunately, COVID has caused the Courts to do the best they can in keeping the public safe.  However, you may want to have a discussion with your attorney about a non-jury trial.  It's possible that could resolve the case more quickly.  ... Read More

Yes, that would be a perfectly legitimate illegal sale of a controlled substance which you should not be posting about on the internet.  Law enforcement often reads these sites, and your question quotes specific facts and information that could be used against you in court.  You should have these conversations confidentially with an attorney.  Is the CIs stopping and getting you cigs on the way to the buy a defense?  Maybe.  It depends on many other factors that are not proper to be discussed in an open forum.  ... Read More

They can hold him while the criminal charges are pending.  In general, they will wait until the criminal matter is disposed of before dealing with the probation offense.  As a practical matter, where possible, good attorneys do everything together.  That means scheduling the plea and the violation at the same time to minimize impact to the client.  Where not possible, you seek to do them as close in time as is practical.  The key here is minimizing consecutive time.  To reiterate the answer to the question is the detainer generally does not get lifted until the criminal case is resolved. ... Read More

Depends on what you mean by "got caught?"  If the Loss Prevention Officer took you into a back office and interrogated you but didnt call the police, there is a fairly good chance that was the worst of it.  They might serve you with a no trespass letter which means you can't go back to that store.  If they called the police it means you will likely be charged with a summary retail theft.  If you have priors you might be charged with a misdemeanor or felony as well.  The key to remember is you have defenses (even to retail theft).  Don't talk to the police without your attorney present.  IF you don't have an attorney get one.  ... Read More

Can you?  Sure.  Will you?  Incredibly unlikely.  This is a fairly common scam on the internet.  Send naked pictures, the "father" contacts you extorting money or else.  Your best advise is to have no contact with these people.  If the police contact you do not talk about the case until you have discussed the matter with a local defense attorney.  ... Read More

The challenge here as with any question is that there are no magic words you can speak that will open up the realm of valhalla.  Getting charges dismissed is certainly possible, but it takes careful review of the facts.  Many of these double transactions are so that cash can be pocketed.  If they didn't find money on you that is certainly good for your case.  There may be other factors however, that are not so good for you. The Commonwealth rarely just dismisses charges where they believe that they had probable cause to charge you in the first place.  The best, and often only way, to get charges dismissed is to win at trial.  Your best bet is to hire a local attorney who is familiar with such matters.  They will be able to walk you through the particulars.  ... Read More

OK, the most important response to this question is that charged is very different than convicted.  Which is a short way of answering your entire question.  To charge someone with a crime the police need probable cause.  That means they have specific and articulable facts that led them to believe you committed a crime.  To convict someone you need proof beyond a reasonable doubt.  That is the highest burden of proof in the court system.  You have been charged, that does not mean you will be convicted.   Now let's unpack your case.  They can establish you were driving through circumstantial evidence, for instance, was it your car?  Don't answer that unless you are speaking confidentially with an attorney.  Secondly, have the police seen you operating that car in the past.  The same with the possession.  If they had information that you were dealing the specific drugs found that would be circumstantial evidence that the drugs were yours.  They can also prove it by looking through the bag and finding your belongings or identification.  A common method of proof is when the ID/Wallet of the accused is found in the backpack.   Importantly, circumstantial evidence is sufficient for a conviction but that does not make it easy.  As you point out in your summation of the facts there are some discrepancies that would argue against your having committed the crime.  Importantly, there are some assertions that may flat out be incorrect.  That would call the officer's credibility into question.   All of that being said, if you are charged in this matter you need experienced representation.  Trial on these issues is not something to be attempted by people without experience.  TV is not a fair representation of trial and a trial can be one on small issues an untrained eye may miss.  Talk to a local experienced defense attorney and let them walk you through the various outcomes and expectations. ... Read More

Review 18 Pa.C.S. 4904.  Unsworn Falsification to Law Enforcement.  If you give them information you know to not be true it can be punished by fines and up to a year in jail.  It is HIGHLY unlikely you would get a jail sentence, but a misdemeanor charge can stay on your record and cause you a lot of trouble down the road.  If you think you may be charged you should talk to a local Defense Attorney to walk you through the potential outcomes if... IF... you are charged.  ... Read More

There is no remedy in Pennsylvania that will allow you to relitigate a case that old.  Your best bet may be to apply for a Governor's Pardon.  This is a long and involved process but if you have been crime free for 20 years and this is the only crime against you would have a decent chance of earning a pardon.   Once the case is Pardoned it would be the same as an acquittal and you could have it expunged from your record.  ... Read More

In general, if you have no other type of criminal history, you would be eligible for a diversion program.  I am not sure ARD for a summary retail theft is the best possible outcome.  To be sure you should contact a local attorney.  Many district Courts have their own diversion programs for these types of cases that would save you a substantial amount of money (ARD is not usually inexpensive).  Pleading guilty is almost always a mistake unless its the option of last resort.  If you have a retail theft (even a summary) it can make it substantially harder to find work.  ... Read More

Can you be charged?  Yes.  Will you be convicted is an entirely different question.  The challenge here is if the guns were not seperately secured you could be inferred to be in possession.  Importantly, there are exceptions.  If PSP searched your home pursuant to a waarrant you need an attorney now.  I would take the warrant to a local defense attorney and have them start working on your potential defenses.  As you probably are aware, felon not to possess statutes have very serious penalties which often result in jail sentences.  Don't wait, get to an attorney ASAP.  ... Read More

You mean they cant prove where the transaction ocurred?  They have to prove they had jurisidction.  So at trial they would have to prove that element of the crime.  If you are talking about the charging documents not being specific, no, those are not proof they are to put you on notice of the charges.  Often tines they dont put specifics in when they use confidential informants to do buys.  Makes it harder for you to figure out who was working for the cops.  Make sure you know how to file the motions to reveal that infirmation or get yourself an experienced attorney ASAP.  ... Read More