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 5
Do you have any Pennsylvania Criminal Defense questions page 5 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

Not knowing it was stolen is a defense, if believable. You still may get arrested. If so, you may be released on no bond, or a bond set so you will be able to be released once the bond is set.
Not knowing it was stolen is a defense, if believable. You still may get arrested. If so, you may be released on no bond, or a bond set so you will... Read More

I am looking to find a lawyer that is willing to take a pro bono case. How can I do such a thing

Answered 8 years and 7 months ago by Ryan L Hyde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Free attorneys are provided by the counties public defenders office.  If you are not able to meet the financial qualifications you most likely will need at least some money to hire an attorney.  Criminal cases take a loy of time and energy to defend properly so it is rare that an attorney takes a case pro bono.  Hence the creation of the public defrnders office in Pennsylvania.  Many counties do have marginal rederral programs for those who arent able to get an a public defender but still have limited means.... Read More
Free attorneys are provided by the counties public defenders office.  If you are not able to meet the financial qualifications you most likely... Read More

Can judge tri four cases that defendants in all four are biologically related

Answered 8 years and 7 months ago by Ryan L Hyde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, no reason they couldn't.  They can't sit if they are related to someone or have a financial interest in the outcome.  There are some other times when they eont but relations of Defendants is rarely one of them.  
Yes, no reason they couldn't.  They can't sit if they are related to someone or have a financial interest in the outcome.  There are some... Read More
Even if a charge is dismissed, the arrest records remain in the system. The only way to get rid of them is the expungement process. Talk to an attorney.
Even if a charge is dismissed, the arrest records remain in the system. The only way to get rid of them is the expungement process. Talk to an ... Read More

What charges will I face for 4 grams of weed?

Answered 8 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
This is not a jail case, it is a misdemeanor and you probably have no prior record. Tell your parents and get a lawyer. You have a chance of getting the charges dismissed.
This is not a jail case, it is a misdemeanor and you probably have no prior record. Tell your parents and get a lawyer. You have a chance of ... Read More

Can someone do jail time instead if he can't pay his fines?

Answered 8 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Yes. If he chooses or the judge give him jail time.
Yes. If he chooses or the judge give him jail time.
Most likely.
Most likely.

What happens if I cannot attend a summary trial?

Answered 8 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I assume this hearing is at the District Justice level. If so, call the District Justice office and ask to reschedule.
I assume this hearing is at the District Justice level. If so, call the District Justice office and ask to reschedule.

How much will a fine be if someone stole food out of a teacherโ€™s pantry?

Answered 8 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
It depends.
It depends.

if you got in a fit in berks county

Answered 8 years and 8 months ago by Ryan L Hyde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
In general, jurisdiction is where the criminal act occurred.  If the entirety of the criminal episode occurred in Berks county then charges in Lehigh would be inappropriate.  However, there are exceptions to this rule.  For instance, if the episode included conduct in Lehigh and only the fight occurred in Berks the District Attorneys can agree that the charges be brought in Lehigh County.  You should consult with an experienced local attorney to evaluate the complete facts of the case.  Self help in a complicated issue like this is a risky proposition that can end poorly.  ... Read More
In general, jurisdiction is where the criminal act occurred.  If the entirety of the criminal episode occurred in Berks county then charges in... Read More
Once a person pleads guity to a crime it becomes very dificut to fight the conviction.  Withdrawing the plea takes manifest injustice which is almost impossible to plead.  A mere assertion of innocence is not manifest injustice.  He is very likely to have counsel, in which case he should be addressing these questions to that person.  They will be in the best position to counsel him and give him advise based on his circumstances.  If he has been incarcerated 16 months pre-trial there may be timely trial issues as well that his attorney should be tracking.  ... Read More
Once a person pleads guity to a crime it becomes very dificut to fight the conviction.  Withdrawing the plea takes manifest injustice which is... Read More

Up to how many times may a preliminary hearing be 'continues'?

Answered 8 years and 8 months ago by Ryan L Hyde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The most simple answer is you need to be talking to your attorney about this.  It is improper for another attorney to comment on a case where you are represented.  I will say from a legal standpoint there is no limit to how many times a case can be continued with the exception of runnning afoul of rule 600 which is your speedy trial rights.  Rule 600 states that you have 365 days to be brought to trial, less any time that you requested a continuance or failed to object to a CW continuance.  Your attorney should be on top of this.  District Courts usually have some arbitrary limit to how many times a case can be continued but if it is dismissed for this reason the CW will often refile the charges.  This does not stop the Rule 600 clock so keep in contact with your attorney and make sure they are reading you in on this issue.  ... Read More
The most simple answer is you need to be talking to your attorney about this.  It is improper for another attorney to comment on a case where... Read More

Can't I get fingerprints done in my town and mail them?

Answered 8 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Ask the people who ordered her to be fingerprinted. I doubt it, and never had a client be allowed to do it.
Ask the people who ordered her to be fingerprinted. I doubt it, and never had a client be allowed to do it.

What can I legally do if a detective keeps on calling me?

Answered 8 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Do not speak to the detective about the case. If it means getting arrested and spending half a day in jail before you are released on bond, do not speak to him. Shop around for a lawyer. Apply for a public defender for your preliminary hearing if you cannot afford a lawyer.
Do not speak to the detective about the case. If it means getting arrested and spending half a day in jail before you are released on bond, do not... Read More

Am I still at risk of getting into trouble five days after the incident?

Answered 8 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, it takes the police a while to file. It may go away, but most likely not.
Yes, it takes the police a while to file. It may go away, but most likely not.
It really depends on his criminal history, and how his prior record score reads, to even guess if he will get probation, jail or anything in between. Additionally, the personality of the judge and how your boyfriend's attorney represents him.
It really depends on his criminal history, and how his prior record score reads, to even guess if he will get probation, jail or anything in ... Read More
A variety of things can happen, from a dismissal or withdrawal of the charges to jail. No one can answer this without much more information. I suggest you share all the facts with a lawyer.
A variety of things can happen, from a dismissal or withdrawal of the charges to jail. No one can answer this without much more information. I ... Read More
You probably have to sue them for wrongful prosecution. Ask your attorney.
You probably have to sue them for wrongful prosecution. Ask your attorney.
If you are not arrested, cited or go to court, there will be no criminal record. As far as a record with your employer, they will keep it but probably not pass it on if a new employer calls them for a reference. They may however not recommend you to the new employer for for undisclosed reasons.... Read More
If you are not arrested, cited or go to court, there will be no criminal record. As far as a record with your employer, they will keep it but ... Read More

What do I need to do to get my permit to carry if I was charged in 1995?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If your possession case was for a small amount, and an ungraded misdemeanor, you should be eligible. You should probably pay an attorney to expunge your arrest record.
If your possession case was for a small amount, and an ungraded misdemeanor, you should be eligible. You should probably pay an attorney to expunge... Read More

Is there any way I won't have a record after shoplifting?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You will have a criminal arrest record even if the case is dismissed. If you plead guilty, you will have a record for 5 years before you can expunge it. If it is withdrawn or dismissed, you can expunge as soon as the case is over. Hire an attorney as you will have a better chance getting out of this with no conviction.... Read More
You will have a criminal arrest record even if the case is dismissed. If you plead guilty, you will have a record for 5 years before you can ... Read More

Can I buy a gun if I only have a couple of misdemeanors on my record?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If they are misdemeanor 3's, maybe.
If they are misdemeanor 3's, maybe.
As long as it is not threatening or develops into repeated emails that harass and annoy the person.
As long as it is not threatening or develops into repeated emails that harass and annoy the person.
Be careful. You could be charged with False Reports to Law Enforcement. Get an attorney. You may want to say nothing, invoke the 5th amendment and not testify against the DUI guy.
Be careful. You could be charged with False Reports to Law Enforcement. Get an attorney. You may want to say nothing, invoke the 5th amendment and... Read More