Pennsylvania Felonies Legal Questions

There is no set limit on the number of times that the state can reschedule a pre trial conference.  Some Judges will get annoyed and put a stop to it while others won't.  Ultimately, Rule 600 is probably the best prevention against too many continuances.  As long as you object to the continuances the state only has 6 months from the date of filing the complaint until the date that an incarcerated defendant must be released without having to post bail (there are exceptions such as Murder cases) and 365 days to commence trial or the charges can be dismissed.... Read More

Presuming you have NO prior criminal record, the maximum sentence is 5 years' incarceration for theft by unlawful taking. That being said, the sentencing guidelines recommend restitution and "Restrictive Intermediate Punishment," which in your case may be probation. If there are aggravating circumstances, the guidelines call for an additional 3 months of incarceration or probation.... Read More

Only if the attorney represented you on any matters involved in this criminal case. Otherwise, no conflict.   The preliminary hearing is a hearing to determine if there's enough evidence to go to trial. Sometimes the defendant waives his right to a prelim if it benefits him in some way. Otherwise the district attorney (or arresting officer) will ask you to tell your story to the judge and the defense attorney has the right to cross-examine you. The standard of what the judge is looking for is low--was a crime committed and did this person likely commit it?... Read More

Have you ever been convicted of shoplifting before? If the answer is no, the worst that probably could happen is that you would be cited under 18 Pa.C.S.A. Section 3929. Retail theft, if the amount stolen is less than $150.00 is graded as a summary offense if a first offense. You will likely be fined or given a short term of probation if found guilty/you plead guilty. That being said, store security may have just let you go with a friendly warning. If that's the case, consider yourself lucky.... Read More

The DA should never keep your property without a lawful basis, but we do see that all the time.  For instance, someone is pulled over on suspicion of DUI and found not to be intoxicated, but is in possession of a handgun.  No crime has been committed and there is no basis for seizure, but the police often seize the gun anyhow and require the client to file a forfeiture petition to get the gun back.   Since the costs to file the petition sometimes exceed the value of the gun many people just walk away.  If you do file the petition in that situation you would be likely to get return of the firearm.  In your case you need to consult with a good lawyer familiar with all of the facts of your case.  Steve... Read More