Questions Answered by Brian Fishman

1 Answer | Asked in DUI / DWI for Pennsylvania on Jan 2, 2013

Brian Fishman's answer
Whether you qualify for a PD is not based on the charged offense but rather your income level. Therefore, the fact that it's a DUI charge is not relevant to the equation. You could be charged with possession of marijuana or with a homicide and the ...
 
 

1 Answer | Asked in Criminal Law for Pennsylvania on Jan 14, 2013

Brian Fishman's answer
The short answer: Yes. The long answer: Yes. The fact that you are on probation means that were either found guilty or pled guilty to a crime in the past. A judge placed you on probation because he/she felt that you were a good candidate to remain ...
 
 

1 Answer | Asked in Criminal Law for Pennsylvania on Feb 5, 2013

Brian Fishman's answer
I'm sorry to hear about your family member's situation. Prisons are very private places and it's sometimes even difficult for attorneys to get information from them. However, I would suggest that you contact a criminal defense attorney to ...
 
 

1 Answer | Asked in Injury Law for Pennsylvania on Feb 27, 2012

Brian Fishman's answer
Compensatory and punitive damages are not broken down by what they are paying for (ie. lost wages vs. emotional distress vs. medical costs). Rather, compensatory damages are all damages to make the injured party whole whereas punitive damages are awarded ...
 
 

1 Answer | Asked in DUI / DWI for Pennsylvania on Sep 25, 2012

Brian Fishman's answer
Unfortunately, your October 2011 DUI is considered a second offense under the "10 year look-back rule" that was in effect at the time of your October 2011 DUI even though your first DUI for which you got ARD occurred when there was only a "7 ...
 
 

1 Answer | Asked in Criminal Law for Pennsylvania on Nov 12, 2012

Brian Fishman's answer
I don't know the answer as it depends on what you were on probation for. But, the NACDL (National Association of Criminal Defense Lawyers) has put together a great resource on the "Restoration of Rights" for collateral consequences of ...
 
 

1 Answer | Asked in Criminal Law for Pennsylvania on Dec 10, 2012

Brian Fishman's answer
A failure to pay fines or costs associated with your conviction is a necessary condition of complying with probation or parole. Failure to pay them can be deemed a technical violation and you can be violated and go to prison. However, if you truly have ...
 
 

1 Answer | Asked in Criminal Law for Pennsylvania on Dec 10, 2012

Brian Fishman's answer
If no charges were filed by police or the District Attorney's Office in your county then there are no charges. But, I'm assuming you're asking, "What crimes did I committ?" The obivious one is theft. You may also be charged with ...
 
 

1 Answer | Asked in Criminal Law for Pennsylvania on Dec 14, 2012

Brian Fishman's answer
Yes, a judge who is related to someone involved in a case can sign an arrest warrant in the case. Would I do it if I was a judge: Absolutely Not...No Questions Asked. There is nothing illegal with a judge signing a warrant in this situation. But why create ...
 
 

1 Answer | Asked in Criminal Law for Pennsylvania on Sep 13, 2012

Brian Fishman's answer
Sure. At least you can do a search to see if he/she has any criminal record in Philadelphia or even throughout PA. All you need to do is go to this public website at http://ujsportal.pacourts.us/DocketSheets/CP. aspx and tpe in their first and last name and ...
 
 

1 Answer | Asked in Criminal Law for Pennsylvania on Oct 29, 2012

Brian Fishman's answer
I'm sorry to hear about your father's situation. I'm a bit confused when you indicate "only one of which had a Pennsylvania minimum sentence"? All sentences in Pennsylvania by law have a minimum and a maximum and the minimum can ...
 
 

1 Answer | Asked in Criminal Law for Pennsylvania on Nov 12, 2012

Brian Fishman's answer
Your question is short & vague but if I understand involves two unique issues which are fairly complicated. The first issue is whether police can get your phone records when arresting your boyfriend: The cops can't subpoena your personal phone ...
 
 

1 Answer | Asked in Criminal Law for Pennsylvania on Nov 20, 2012

Brian Fishman's answer
I'm sorry to hear about your son's situation. It is extremely unusual for someone to be in jail for 7 months and not see a judge at all. I'm assuming that he's in jail fighting an open matter & not waiting for a VOP hearing or ...
 
 

1 Answer | Asked in Criminal Law for Pennsylvania on Nov 29, 2012

Brian Fishman's answer
Unless there's more to your question that I'm missing, it's extremely vague. What type of criminal law matter do you need an attorney for? If I can be of assistance, please don't hesitate to contact me. I primarily practice in ...