Pennsylvania Litigation Legal Questions

If the cameras are only taping what can be seen by the naked eye, it's not an invasion of privacy. If they recorded sound, there may be a violation of state and/or federal wiretapping laws. If the cameras are hidden in your home or have some type of special view lens, you could have a case for invasion of privacy.... Read More

In what connection is your daughter's lawyer representing your ex-husband?  If it is against your daughter, or in some way involves confidential information your daughter disclosed to him/her in the course of his/her representation of her, there could be a problem, but it would be your daughter who would be the aggrieved party.  If the lawyer is representing your ex-husband against you, in a matter in which your daughter is not a party, I don't see any conflict or unethical behavior.... Read More

Everything depends on what can be proven, but even if proven that does not mean that joint liability would not apply to jointly owned property where you know of the damage and just leave it go.  Best to get it fixed and if you need, go after the next door neighbor for the costs.  Better safe than sorry.... Read More

You should let the District Attorney, or Victim-Witness coordinator know about this. It may be a violation of the Defendant's bail conditions to contact you directly. Because this is a criminal case, it is not proper for you and the Defendant to settle it between yourselves: the prosecutor would need to be involved.... Read More

One non-threatening phone call should not constitute harassment under Title 18 Section 2709. Only under sub section (a) (4) is it a crime if the communication is lewd, lascivious, threatening or obscene words, language, drawings or caricatures. I guess it depends on what the other person says your phone call was about and if he or she is believed.... Read More

The Uniform Firearms Act contains language that precludes those convicted of drug offenses and crimes punishable by more than one year in jail from obtaining a license to carry a firearm. Also, persons convicted of drug offenses are not permitted to possess, use or transfer a firearm. I would consult with a local attorney for more specific information.... Read More

Stay cool. The police cannot question you as a minor unless they have the authorization to do so from your parents. If anything happens it will be charges filed in juvenile court for possession or possession with intent. Hopefully, they will offer you a consent decree (first time offender program) and you will not have a conviction. This is what they would do in my county. The point is, if you cannot stop smoking MJ, you will probably have more problems with the law in the future. The cops now know you are a smoker and whenever they can make an excuse to stop and search you, they will.... Read More

The law does not require you to be read your Miranda rights until custodial interrogation begins. That means until the police begin to interrogate you about the crime you are suspected of committing. In addition, due to your age, they need to get permission from your parents and or legal custodian before questioning you.... Read More

In order to be convicted of possession of drugs in a situation where the drugs are found in close proximity to several people, but really not on any one particular person, such as in a common area, the Commonwealth will need to prove that a person had the ability to control and the intent to control the drugs. What this means is that the marijuana must be found in your pockets, under you, under your arm, at your feet, etc. For example, If the drugs are found let's say, under the front passenger seat and you are in the back seat, passenger side, it would be difficult for the Commonwealth to prove which person, you, or the front passenger, placed them there and therefore had possession. Cases where multiple people had the same access to drugs or contraband make it difficult for the prosecution to prove. However, this is the law at the trial stage, where the burden is beyond a reasonable doubt. This doesn't mean the police won't still arrest you and charge you. Because the rules favor the Commonwealth at the Preliminary Hearing, you could even be held for court. If you didn't have any drugs on you and weren't even smoking, I would get a lawyer and have him get at least verbal statements from the other 3 people. Then at the Preliminary Hearing, have the lawyer badger the cop into cutting you out of the case as everybody in the car will state you were not involved. The cop may go for it, especially if you have no record, and did resist arrest or give the police a difficult time when arrested. If you can't afford a lawyer, tell the cop you side of the story, but be careful, as he may ask you about the other people in the car and you could therefore possibly being a witness against them.... Read More