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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: My Friend unknowingly bought a meth lab. How can he get out of the home without losing all his money?

They have very little money and the home owners insurance won't help them. The previous owner denies it was a meth lab despite heavy evidence to the contrary. However they have no money to sue in court. The house is under a mortgage. Its also unsafe to live in. They need to leave the home if... Read more »

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Did your friend order an inspection as part of the purchase process? Did the lender require an inspection or appraisal before approving the loan?

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Yesterday I had to make a plea of guilty to a Aggrevated assault but my lawyer didn’t show all the facts what can I do?

Aggravated assault with a deadly weapon? I had to plead guilty cuz otherwise I would’ve been screwd for money. I was protecting myself from 2 men and both who had warrants and. Baseball bats.

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Oct 12, 2022

you need to speak with your attorney. i cant give you advice since you are represented. However, seems that a decision either to plead guilty to the facts as asserted by the Commonwealth or go to trial are the options, and you chose to plead guilty. you will have an opportunity at sentencing to... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hello, I currently have a misdemeanor for simple assault in 2015. In need of expungement

Hello,

I currently have a misdemeanor for simple assault in 2015, my first year of college. In order to continue grad school for social work I'm in need of guidance and assistance with expungement, petition sealing, automated sealing or pardon.

Timothy Kraeer
Timothy Kraeer
answered on Jun 5, 2022

You may be eligible to petition to have the record sealed, but it will depend on the grading of the offense and the rest of your criminal history (if you have any). You won't be eligible for expungement or automatic sealing given the nature of the offense. Reach out to an attorney for more... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How long does the court system have to bring you to court and sentence you for a criminal matter for 2019
Kelly Jurs
PREMIUM
Kelly Jurs
answered on May 5, 2022

The short answer is, 365 days from the date of the filing of a criminal complaint. However, this does not include what the law describes as "excludable time" which could be time in a diversionary treatment program or continuance requests by defense counsel for investigation and trial... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Pennsylvania on
Q: How is a local ordinance violation different from non traffic summary in PA?

I was charged with public intoxication but plead noy guilty due to the circumstances and that my professional license would be affected. The magistrate offered a plea to a local ordinance violation that he said would stay local and not be accessible without search warrant. I received a citation... Read more »

Timothy Kraeer
Timothy Kraeer
answered on Apr 21, 2022

The difference is that public drunkenness is a violation of the Pennsylvania crimes code, whereas a local ordinance is not. It is only a violation of the local ordinance, or administrative code. It is not a criminal offense, but there will still be a public record generated in connection with the... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Rovoked probation for new arrest can my new sentence term be dismissed if new arrest charges got dismissed?

Wouldnt that mean i never got new charges or a new arrest?

Steven Pacillio
Steven Pacillio
answered on Apr 5, 2022

You can still be violated for "police contact" even if the new charges result in an acquittal or get dismissed. The severity of the violation for police contact is much less than for a new conviction. You should immediately consult with an experienced criminal defense attorney in your... Read more »

1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Criminal Law for Pennsylvania on
Q: Can you be arrested for marijuana DUI while not intoxicated?

My fiancé was arrested for his friend leaving a marijuana roach in his car. He has his medical marijuana license and wasn't aware his friend did that. The cops pulled him over for having a tail light out. The cop noticed the roach right away and told him he was impaired. Had him do a sobriety... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

The wait is for the blood work. He should request his license. There is no automatic suspension in Pennsylvania. They would have to show that the THC in his blood was sufficient for him to be intoxicated. If they press the charges he should have an attorney. By the way he shouldn't drive with... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If a trash can its out on the curb for pick up can you take the trash or whatever is in it in pa. ?

I got charged with movable theft?

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

if an object is next to it the assumption is that it is there for anyone to take. However if trash is in a bag, the presumption is that the homeowner left it there with an expectation of privacy. That doesn't mean it's illegal.

In Pennsylvania the issue is whether you had intent...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Aggravated Assault with SBI - How many years incarcerated in PA if found guilty with a gravity score of 1?
Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Dec 29, 2021

There isn't enough information to even make a educated guess. Many different circumstances and factors will be considered (or should be) by the Court when fashioning a reasonable sentence. The Court will consider that this is not a guilty plea (as your question points out "found... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I need a pro Bono criminal defense lawyer or someone who takes payments?

I need a pro Bono lawyer asap please help me

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Nov 21, 2021

You should apply for a public defender in your county or contact the bar association for an attorney that will accept reduced rates. Additionally, you will find that attorneys will sometimes accept payment plans depending on circumstances.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: I was pulled over in PA with marijuana and paraphernalia. What charges am I facing?

I was pulled over for registration being expired, the cop said he smelled weed and then searched my car after telling me if I don’t consent he would make me wait for a drug unit dog to come in. He found 8grams of weed, .5 grams of wax and some paraphernalia. ( I have me medical card for... Read more »

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Nov 21, 2021

Likely possession of both marijuana and paraphernalia. Depending on other circumstances, you could be facing additional charges. I suggest retaining an attorney to assist you and ensure any potential pentolites are kept at a minimum.

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: I live in Pennsylvania and my 16 year old son took a bb gun with him to school. Can he get charged.

Someone told the teachers that my son had a bb gun in his locker. Cops were called. Can my son be charged for having a bb gun on school property

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Nov 21, 2021

Yes, a number of things can happen, including being charged with several crimes. i suggest you and your retain counsel immediately and do not speak with the police without an attorney.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If probation arrests you for a violation are they still required to read you your Miranda rights?
Steven Pacillio
Steven Pacillio
answered on Nov 17, 2021

Contrary to popular belief, furthered by depictions in TV and movies, the police are not required to advise a person of his/her Miranda rights merely because they are being placed under arrest. In many cases, the arrested person is never advised of their Miranda rights and this is completely legal.... Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: What do I do if my husband is being blamed for a crime he didn't commit?
Steven Pacillio
Steven Pacillio
answered on Nov 17, 2021

If your husband has been charged with committing crimes he needs to contact an experienced criminal defense attorney in the jurisdiction where the charges were filed. An experienced defense attorney can help evaluate the case and gather the necessary evidence to proceed to trial if your husband is... Read more »

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2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Where can I find a good pro Bono lawyer?

My fiance is incarcerated for charges he didn't commit the other person did and he is being convicted on all charges I need help

Jason R Carpenter
Jason R Carpenter
answered on Oct 25, 2021

Most local county bar associations have referral services that can help you with finding pro bono or low-cost legal services.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Pennsylvania on
Q: In pa i was pulled over backing out of my driveway on to a one-way Street I didn't even make it a foot off my sidewalk

And they were on me. I have lived here for 5 years and I've never seen any cops. Pull anybody over for anything.

I never heard anyone anywhere getting pulled over for this is this a reason to get pulled over????

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

Plead not guilty. You weren't driving on the roadway--you were manoevering your vehicle.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Juvenile Law for Pennsylvania on
Q: My 14 and 16 year old son's were jumped by a group of 8 kids do we need a lawyer
Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

Let the criminal process take it's course. If your son was hurt and you have medical bills the Crime Victims Compensation Act may pay for them.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How do I write a concise statement?

The appeal trial was in the Court of Common Pleas in Montgomery County, PA, held on Sep. 9, 2021. The arresting officer was excused from the trial. He was supposed to be there according to the ADA, but I found out he would not be there midway through the trial. The judge would not continue the... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

I think being limited in what you could ask witnesses is the bigger issue, though without the arresting officer not sure why you couldn't have moved for a nonsuit.

Note that you have to file a request for a transcript of the proceedings. You may be eligible for a free one if you meet...
Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Is there a way I can get legal advise if I can't afford or it's to late to hire a lawyer on criminal charges

Misdermeanor 3 charge

Parisa Sadrnia
Parisa Sadrnia
answered on Oct 12, 2021

If you are unable to afford retaining an attorney, you may request a court-appointed attorney through the court you are facing charges at. While you do not get to choose your court-appointed attorney, it is better than having no legal representation in a criminal proceeding. Generally, there will... Read more »

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1 Answer | Asked in Consumer Law, Criminal Law, Real Estate Law and White Collar Crime for Pennsylvania on
Q: Me and my family got scammed out of 10k by a company that swears they're helping people purchase houses.

They found us "temporary" apartments, twice, and they swore that this money they took from us was going into a down payment for the house we purchase. I have ALL the emails and texts messages with the bull they put us through and all the lies they told. I don't have any of the phone... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2021

Contact the Attorney General's Office of Consumer Affairs. You would also have an action in fraud against the company.

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