Pennsylvania Criminal Defense Legal Questions

What are good grounds for appeal?  Do you have an issue?  Yes.  A good one?  Depends on what the evidence was ans how bad the prejudice was.  If there was a mistrial request the judge probably at least gave a jury instruction.  So it depends in the facts on how good of an issue it is.  Importantly, you inly have thirty days from the imposition of sentence to file your appeal.  If you have already meet with an attorney and have them evaluate your issue.  ... Read More

People who say there is no evidence always scare me a little.  How do you know there is no evidence??  There is always some evidence.  First, at some point a child reported something.  Evidence.  Then the officer works to confirm the childs statement by corroborating facts.  Evidence.  Then, there may be things other people saw or noted.  Evidence.  There is always evidence.  Wheyher that evidence is sufficient to convict a person of a serious crime shuld be the question.  Thats where a skilled defense attorney can be invaluable.  Challenging their "evidence" and attacking their case.  ... Read More

Because someone or some thing told them that he possessed a firearm and unlawfully restrained someone causing or attempting to cause them bodily injury.  Harder to prove if they didnt recover the gun but not impossible.  Throwing the gun in the lake isnt the defense people think it is. ... Read More

No.  You cant expunge a felony conviction.  There are some provisions if you are in your 70s and crime free.  However, if you a clean criminal record and a good reason other than wanting to own a gun, you could apply for a Pardon.  If a Pardon is granted you could have it expunged.  ... Read More

They cannot convict a person on hearsay alone unless there is an exception that allows it to be admissible.  I would caution you though, the average person has a grave misconception of what hearsay is and it isnt.  Someone saying your son did something is not hearsay.  If they can identify your sons hand writing on the check or the person receiving the check your son did it, he is in trouble.  The internet is a poor substitite for experienced local counsel.  Dont talk to the police and get an attorney ASAP.  ... Read More

There is not a one size fits all answer to this question.  In general, yes, inactive means there is a warrant for your brother. Not all warrants are created the same.  The local Sherrif's department may just not have it.  His best bet is to contact local counsel who can arrange to either get the warrant lifted or surrender him and help make sure he isnt detained.  Most likely it was an arrest warrant issued by the Local DJ and your local police department will get around to picking him eventually.  Consider counsel, makes the chances of him spending time in a jail cell significantly less.  ... Read More

As a general policy I advise clients not to speak to the police without an attorney present.  They don't need you to help them clear things up they want to get a statement that they can use against you.  They will tell you all manner of things to get to that statement.  This question is older so if you have talked to the police get an attorney.  If you haven't, hire an attorney, have the attorney talk to the police.  ... Read More

It's not an assault if it happened in Pennsylvania.  More likely than not its just a summary harassment and I am not entirely sure the police would care about a case like this.  More likely is that they would not let you back in the establishment.  More importantly, they in all likelihood would serve you with papers that would make it a crime for you to come back.  Your best bet is not to talk to anyone without an attorney present and avoid the establishment until this all blows over.  ... Read More

The retail theft statute requires a prior conviction to escalate the charges.  Your question is not entirely correct, you could be charged as a second offense, but by law you should not be convicted.  So if you lose the case you are currently fighting it would be a first offense.  ... Read More

Before you plead guilty you should always consult with a local attorney.  The reason is that there may be local programs that would allow you to not have a conviction on your record.  Just pleading guilty means you would have the public intoxication on your record for five years assuming you have no charges in that time period.  Public intoxication carries a bit of a stigma, so before you just plead guilty talk to a local attorney aboyt what your best next move is. ... Read More

Maybe.  Even it was that doesnt mean it wasnt good advice.  There is no such thing as an evidence hearing, you may be referencing a preliminary hearing.  In which case the burden is relatively low.  An attorney in a conspiracy case shouldn't represent both parties but more evidence would be needed to know if your best interests were served.  If the attorney was court appointed that is a different level of concern.  You should consult with a local defense attorney who would better know the rules on court appointments and could evaluate the conflict.  If there were issues that person would best know how to act on them to your benefit.  ... Read More

Miranda as it is used on TV is a myth.  It is not a formal part of the arrest process.  In fact most people are never read their Miranda warnings.  This does not in anyway invalidate the arrest.  Where Miranda is used is when a custodial interrogation is conducted.  This means if you were in custody and they were asking you questions about the case.  It sounds like in your case you weren't interrogated and thus Miranda was not implicated.  If Miranda is an issue, and the Commonwealth is seeking to use the statements you made against you, again the arrest is not invalidated but the statements may be excluded from the case against you.  Before you try to go down that path on your own you should take the time to consult with an experienced Criminal Defense attorney.  Suppression hearings are very fact specific and the rules aren't always intuitive.  You are facing serious charges and need help.  ... Read More

Importantly, yours is the wrong question.  How can you be charged is simple, the items were found in a vehicle which you were operating.  This is probable cause to believe they were yours.  The things you state as defenses are exactly that, defenses.  They do not preclude you from being charged.  A better question is can you be convicted based on those facts.  Without a full consultation it would be impossible to answer that.   The fact that they had a search warrant on your house is troubling to say the least.  You certainly have defenses as they are no doubt using a constructive possession theory for items in the car as no one physically possessed them.  Take the time to sit down with an attorney if you haven't already and properly prepare your defense so that it can be asserted at the right time.  ... Read More

He should already have an attorney for this serious of a charge.  The reason I would refer you to that person to answer your question is that person has discovery,  Discovery is all the Commonwealth's evidence.  They know vastly more about what to expect at trial.  The purpose for which he wished to use the stolen gun is not especially relevant to the fact that he took it without permission. However, it is strong mitigating evidence for sentencing.  SIt down with his lawyer and ask for a realistic expectation.  He may have defenses you are unaware of that the attorney is working on.  ... Read More

An arrest warrant means you have been charged.  Just because your name is not on the contract does not mean you did not participate in the alleged fraud.  There are good defenses for you and your boyfriend in this case. Talk to a local attorney.  Contractor fraud is a serious crime and has serious ramifications.  A local attorney can walk you through the potential outcomes and help you best assert your defense. It is key to remember that just because you are charged with something does not mean you will be convicted.  If you substantially performed and were otherwise forbidden from performing by the party, you could have a defense to contractor fraud.  ... Read More

You may very well have not known but that doesn't mean they can't charge you with it. The first step when you are charged with a crime is to contact a local defense attorney and consult.  Just because you are charged with a crime does not mean you are convicted.  You have hit on one good defense you may have others.  Assuming you didn't make any statements to authroities you want to use that defense at the most opportune time.  That is why local counsel can assist you.  ... Read More

Yes.  Proving it is a different matter entirely.  The racketeering charge is most likely the reason the charge would survive.  Racketeering involves an ongoing conspiracy to commit crimes.  If they believe you husband conspired with the person who admitted to the murder he could be guilty under a conspiracy liability theory.  Additionally, if there was an ongoing course of criminal activicty he could be guilty under accomplice liability.  It sounds like a serious case and before talking to anyone about it he needs to consult with a defense attorney.  Racketeering may not be as serious as murder but both are serious crimes and need attention.  ... Read More

The FBI is tasked with investigating violations of federal law.  If you actually believe you are the subject of an FBI investigation you should talk to a lawyer who is familiar with the court system.  Theft is not a federal violation unless it is done under very specific circumstances.  There is no lawsuit that you can file to get them to stop investigating you.  As long as they have cause to believe you are violating some federal law.  ... Read More

If the car is evidence of a crime they have broad discretion in holding the vehicle until the criminal matter is resolved.  Most times they don't want the headache of keeping a car as they are expensive.  The officer may want to talk to you to assess whether you were culpable or not.  It may make sense in your situation to have an attorney call the officer and figure out what needs to be done to release the vehicle.  Many times an attorney intervening accelerates the process.  But again if they are holding the vehicle as evidence it is their discretion. The answer to the question of can they hold it is generally yes.  ... Read More