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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 6
Do you have any Pennsylvania Criminal Defense questions page 6 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

Can two people be charged with same gun charge?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Yes. If a gun is in an area of common control, accessible to both defendants, they can be charged. Convicted, is another standard.
Yes. If a gun is in an area of common control, accessible to both defendants, they can be charged. Convicted, is another standard.

Can the news report someone as guilty without a court case?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
They can offer someone the opinion of another as to a person's guilt or innocence. If they reported someone was found guilty by a court and they were in fact not, that is slander or libel if in print.
They can offer someone the opinion of another as to a person's guilt or innocence. If they reported someone was found guilty by a court and they ... Read More

What legal actions can I take if I had money stolen out my car after it was repossessed?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You would need to sue anyone who had possession of your car after it was towed. These cases are hard to win.
You would need to sue anyone who had possession of your car after it was towed. These cases are hard to win.

If my girlfriend took my vehicle without my consent and I called the police to report it nothing happened, what can I do?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Call the police again, if no result, ask to speak to the chief and tell him you want to have a police report on file and file unauthorized use criminal charges. If no result, go to the local District Justice on the day that an Assistant DA is there, and file a private criminal complaint.... Read More
Call the police again, if no result, ask to speak to the chief and tell him you want to have a police report on file and file unauthorized use ... Read More

What happens if you get caught with a loaded registered gun?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If you were not wearing the gun openly displayed, like a wild west gunslinger, but instead it was hidden in your clothing or in your vehicle, you will be in compliance with the law if you have a permit to carry a concealed weapon.
If you were not wearing the gun openly displayed, like a wild west gunslinger, but instead it was hidden in your clothing or in your vehicle, you... Read More

Should I wait to get my record cleaned or can I buy a rifle now?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If I understand this correctly, you are getting ARD on a charge for carrying a firearm with no conceal permit? If that is correct, wait until you get through the ARD program and then verify your record for this arrest has been expunged before you apply. In some counties like Allegheny, the DA expunges your record automatically with ARD. in other counties, you have to do it yourself. I suggest you ask your attorney.... Read More
If I understand this correctly, you are getting ARD on a charge for carrying a firearm with no conceal permit? If that is correct, wait until you... Read More

What is the max sentence for a felony 3 fleeing and eluding while driving on a DUI suspended license and on probation?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
The maximum allowable sentence for a felony 3 is 7 years. A fist time 1543 b, driving under a DUI suspended license, is punishable by 60 days in jail, a $500 fine and a one year driver's license suspension. Normally, people are not sentenced to the statutory max but to a sentence within the sentencing guidelines. Without more information I can only guess this person is looking at anywhere from 60 days of house arrest and probation, to a county jail sentence under 11.5 months.... Read More
The maximum allowable sentence for a felony 3 is 7 years. A fist time 1543 b, driving under a DUI suspended license, is punishable by 60 days in... Read More

What happens when you have a warrant for not paying fines?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
More information is needed. Is the warrant from a probation violation? A District Justice? You need to ask a local lawyer. If you cannot afford one, find out where the fines are from and if you can pay them without going in front of a judge.
More information is needed. Is the warrant from a probation violation? A District Justice? You need to ask a local lawyer. If you cannot afford ... Read More

How would this fingerprinting for shoplifting affect my life?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
If you were fingerprinted and photographed for a retail theft offense, you were arrested even if it was done by summons (mail). Even if the charges were dismissed there remains the records of your arrest. Because the charges were dismissed, you have the right to petition the court to expunge (destroy) those records. In some counties, people can do this on their own, in other counties (like Allegheny), the assistance of a lawyer is advised.... Read More
If you were fingerprinted and photographed for a retail theft offense, you were arrested even if it was done by summons (mail). Even if the charges... Read More

Can I be charged if a witness says I burglarized a home but have no evidence?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Maybe. People can be charged on another person's word. More information is needed as to how strong the person's testimony is and how credible they sound to police.
Maybe. People can be charged on another person's word. More information is needed as to how strong the person's testimony is and how credible they... Read More

Can I sue a college for banning me the rights to go to school because of a burglary charge?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Probably. If the schools code says that students cannot have convictions for certain crimes, and you were convicted of a certain crime, ti seems possible. More information is needed .
Probably. If the schools code says that students cannot have convictions for certain crimes, and you were convicted of a certain crime, ti seems ... Read More

Can you get arrested for someone claiming you stole their television?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Yes.
Yes.

Do you think I will receive charges for hats that has the city’s logo?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You probably will not be charged, but no one can promise that. If you are sent a summons in the mail, hire an attorney. It is not a jail case and with no criminal record, you may have options which avoid a criminal record.
You probably will not be charged, but no one can promise that. If you are sent a summons in the mail, hire an attorney. It is not a jail case and... Read More

What do I do next and am I off probation if today completes the two year probation?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Have you paid all your courts costs and fines? If so, ask your PO to close your case.
Have you paid all your courts costs and fines? If so, ask your PO to close your case.

Can my husband be charged with theft if he found a $100.00 bill on the floor of a casino?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
I doubt if he will be charged with a crime. I would have to research the issue but my first thought is that it was lost property and he had some right to it.
I doubt if he will be charged with a crime. I would have to research the issue but my first thought is that it was lost property and he had some... Read More

What happens after I went to the magistrate office and they gave me an order for the fingerprints?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Without more information, I can only advise that since it sounds like you are going to have a preliminary hearing, or other important court event, that you get a lawyer. At least talk to one. You must get fingerprinted, there is no way around it.
Without more information, I can only advise that since it sounds like you are going to have a preliminary hearing, or other important court event,... Read More

Will I have an issue on renewing my passport if I had a probation violation?

Answered 8 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
It is very possible that you have an active warrant for a probation violation of non-compliance with probation-not reporting, no change of address, etc. Why don't you just call the office of probation from that county and ask if you have a warrant. When you do, don't tell them where you live of course. Or, hire an attorney and have him or her call for you and arrange to turn yourself in and get this over with. My feeling is that the Mexicans have bigger fish to fry at the border and didn't want to mess with all the detainer paperwork and hassles.... Read More
It is very possible that you have an active warrant for a probation violation of non-compliance with probation-not reporting, no change of address,... Read More

How many days can someone be incarcerated on a probation violation?

Answered 8 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
More information is needed, but the length of their probation is generally the max of a probation violation sentence.
More information is needed, but the length of their probation is generally the max of a probation violation sentence.

Can I get house arrested for driving without a license?

Answered 8 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Normally.
Normally.

What can happen if a friend of mine ran from half way house then ran from police a year in a half later?

Answered 8 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
There is an arrest warrant from him and if he is picked up he will likely sit in the jail for the remainder of his sentence.
There is an arrest warrant from him and if he is picked up he will likely sit in the jail for the remainder of his sentence.

How long does the judge have to sign a case dismissal?

Answered 8 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You should ask your attorney. If your case is dismissed pursuant to a motion, the judge 120 days. After that, the motion is deemed denied and your attorney has 30 days to then appeal.
You should ask your attorney. If your case is dismissed pursuant to a motion, the judge 120 days. After that, the motion is deemed denied and your... Read More

What can be done to avoid jail time if police called for domestic dispute and charged husband with simple assault/harassment?

Answered 8 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
This is like asking a mechanic I hear a buzzing noise in my car, what is wrong with it? More information is needed. Normally, unless there is a domestic violence past, and no injuries, these cases are worked out with domestic violence classes and dismissal of charge upon successful completion of classes and no more problems.... Read More
This is like asking a mechanic I hear a buzzing noise in my car, what is wrong with it? More information is needed. Normally, unless there is a ... Read More

Is it legal to date him with no sex contact involved and is it illegal to kiss, hug, and hold hands?

Answered 8 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
With no sex, probably. But, still risky. If somebody is pissed off at him they can try to get the police to file corruption of minors charges. Even if he influences you to drink or smoke pot, or drop out of school, that can be construed as corrupting a minor.
With no sex, probably. But, still risky. If somebody is pissed off at him they can try to get the police to file corruption of minors charges. Even... Read More

Can you get charged with possession if the other person takes the blame for it?

Answered 8 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
You can get charged, but you have a good chance of being found not guilty if that person steps up at trial.
You can get charged, but you have a good chance of being found not guilty if that person steps up at trial.

How can you find out if there is a warrant out against you?

Answered 8 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
Have someone call the police for that person without giving his or her whereabouts. They MAY tell you.
Have someone call the police for that person without giving his or her whereabouts. They MAY tell you.
Criminal Law
Pennsylvania

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