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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My son has a scheduled surgery tomorrow and he has an outstanding warrant from over 4 years ago. Will this come up tomor
Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

Not usually. Hospitals don't do warrant checks. They will ask for ID , possibly proof of vaccination. I would suggest he get an attorney to help straighten things out or at least avoid getting him arrested if he is stopped for some reason.

Q: I need to find case law defending against 5503 a(1) (2) (3) (4). I have a couple days to find c.l. but I'm not sure...

...sure how to locate any. I was assaulted on my property by a cop for recording, he broke my property

and he refused to identify. My reaction was provoked. There was no intent on my part to be disorderly. Any help you can offer would be greatly appreciated.. thanks

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

you need to find an attorney. As you may have a possible civil case, contact the ACLU, ask to talk to someone who handles "police misconduct" cases, ask them for names of their "cooperating attorneys." Speak to one or more of those.

1 Answer | Asked in Domestic Violence, Criminal Law and Immigration Law for Pennsylvania on
Q: I was recently incarcerated, I’m an immigrant the charge was domestic but I didn’t do it.

They charged me with strangulation and assault but I didn’t do it, because i have an accent they say the body cam says I admitted to it( not true). They also said I had former charges that they pinned on me but the charges date back to the 90s when I was still a child in Jamaica. My public... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Aug 2, 2021

You should immediately contact an immigration lawyer from the JUSTIA directory or the American Immigration Lawyers Association directory. Pleading guilty to criminal offenses can have extremely serious results like deportation if you are not a US citizen. Even if you are a citizen a guilty plea can... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Pennsylvania on
Q: Appeal a felony gun charge as an authorized concealed to carry citizen.

Due to ongoing disputes with my neighbor and family members, I used my concealed to carry gun on my property. This was my first offense. My bail was excessive and the harassment in jail was unbearable so I plead guilty to 23 1/2 months and fours of probation. I would like to appeal my case,... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 31, 2021

You entered a guilty plea--generally, a charge for which you plead guilty cannot be appealed. If you have any cause to set aside that guilty plea, that has to be done in the trial court.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Looking to know if this is something that is possible.

I have a friend who is currently incarcerated in a Pennsylvania county prison. In 2019 he was released after serving 4.5 years of an 10 year sentence. Only after about 8 month he picked up another charge for the same thing which is firearms he did not operate the firearm just got caught with them.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 16, 2021

He has a problem if he is a repeat offender for the same offense--judges will assume he didn't get the message so they need to really whack him. He needs to speak with a public defender.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Pa Exile

Banishment from the house i own

Peter N. Munsing
Peter N. Munsing answered on Jul 1, 2021

If you own it you can evict those in it. I don't see a question. If you are not the titled owner, that is different.

1 Answer | Asked in Personal Injury and Criminal Law for Pennsylvania on
Q: I am a victim of a hate crime and I don’t know who to go to

I cannot take the indirect threats or the 3rd party messages no more - please help me

Peter N. Munsing
Peter N. Munsing answered on Jul 1, 2021

If it is directed at you for a specific attribute you can start with a group that assists those with that attribute--NAACP, Lambda Legal Defense, etc.

The DA's Victim Assistance Coordinator may be able to direct you.

Threats would be a police matter.

1 Answer | Asked in Criminal Law and Real Estate Law for Pennsylvania on
Q: Is there anything to be done about parole stipulations in Pennsylvania?

I can't live in the county i'm from. The problem is I own a house there, which i just inherited. I can't afford two places, so i moved out of the parole approved crack house which i shared with other parolees. Into my house that's in a basically crime free area. So the last... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2021

Your attorney may be able to file a motion to modify your parole conditions. It would be made in the same Court you got convicted in. The Judgment of your Conviction should be carefully examined for the exact conditions which are impeding your successful return to society.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: They convicted my uncle Laquan of gun possession but they had no evidence he ever touched the gun they didn’t run no dna

And the gun was in fact found in his ex girlfriend bedroom and the gun was registered in her name ! They can’t just say it gun possession if they did not find it on him or in his possession.They had no search warrant when they searched his ex girlfriend house and he was not staying at that... Read more »

Matthew Williams
Matthew Williams answered on Jun 24, 2021

While you haven't asked a question, it is important to understand that he needs to file an appeal and the time to do so is limited. So work with your family to find him a lawyer.

2 Answers | Asked in Criminal Law and Traffic Tickets for Pennsylvania on
Q: I was pulled over by a PA trooper for leaving the road....what will my citation be in the mail? Will I get one?

He asked me if I was aware how far off the road I was. To my knowledge I wasn't off the road at all. I sneezed a big one though and might have left the road for a second. He took my license and registration, looked briefly at my registration and then went back to his car. Came back and ask me... Read more »

Ellis B. Klein
Ellis B. Klein answered on Jun 19, 2021

Sounds like you will be getting a ticket in the mail. Call a lawyer when you get it and make sure you research whether you will get points.

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What happens when a default judgement is filed against me? I live in Pa.
Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

You have time to ask to reopen the default if you can show why you didn't respond to the notice of Default. If you do nothing, they can start execution.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What does it mean when it says sentence confinement other
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jun 15, 2021

Depends on the context in which it is written. It may mean a variety things. It may mean an alternative confinement such as house arrest or work release. Or it may mean probation in some circumstances. Your best bet is to contact a local attorney who will have experiences with the dockets in... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: See why yes did find me on found it in this alleged allegation, but I still had criminal charges. What do I do next.

I just can't understand f c y s investigated if found it unfounded, but the police department saying that still charges. My understanding the same information that was given to c y s was giving to the police and I do understand the police has more resources just want to know what is my next... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jun 15, 2021

First, C & Y has a very different burden of proof than the police. Often times they come to different conclusions. Your attorney will be able to review their file to see if there are issues you can use in their defense. Because of the different standards it is not unusual for one agency to... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Can you get a fire arm with a f3 child endangerment ?
Michael Ryan Seward
Michael Ryan Seward answered on Jun 12, 2021

A person with a any felony conviction on the criminal history would be required to answer "yes" to the question about criminal convictions on the ATF form used when purchasing a firearm. This would preclude someone from buying, and would cause a failure to pass the PICS instant background check.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Do I have a felony?

I thought I got a 3rd degree felony when I was 19, a job I want just did a 20 yr background an it came back clean, yes the offense was in less then 20 yrs, no its not sealed or removed in anyway that im aware of. Its a 3rd degree felony criminal trespass I thought is it possible that I plead to... Read more »

Michael Ryan Seward
Michael Ryan Seward answered on Jun 12, 2021

If someone is convicted as an adult, the conviction will appear on a criminal history regardless of whether the plea was guilty or no contest.

If an offense happened before the age of 18, it may have been processed as a juvenile adjudication of delinquency, even if the case did not close...
Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Arbitration / Mediation Law and Banking for Pennsylvania on
Q: Can I sue Wells Fargo for an unauthorized charge which has since caused me financial hardship?

I had a car loan through Wells Fargo. I traded in that car to Carvana who agreed to pay off the loan. I have documentation from Wells Fargo that the loan was payed off in full 4/19/21. However, I was still charged my monthly payment of 408 on 4/25/21 through auto pay. This caused my wife’s and my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

1. Go to a wells fargo bank and find out why you can't sign on.

2. Get the records printed out at the bank.

3. Once you have those, keep them and only send copies.

4. Ask Wells fargo for a return of the autopay, and the related charges. The AMC stock is too far a...
Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How can I remove four year old harassment charges from my record?

I was falsely charged by my ex-wife for simple assault and harassment in Whitehall, PA on May 2017. I showed video evidence to an Attorney General because of which simple assault charge was dropped but I was still convicted for harassment. My acting lawyer at the time told me that it's like a... Read more »

Ellis B. Klein
Ellis B. Klein answered on Jun 6, 2021

It is considered a summary offense and it would take five years before you’re eligible to have it expunged. It does not come off of your record automatically and you have to file a motion for expungement to get it sponge

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: Is it ok for me to date a 14 year old I’m 16 about to turn 17 may 29th and she is going to turn 15 on December 18.

I’m in 11 grade going to 12 she is in 8th going to 9th

Peter N. Munsing
Peter N. Munsing answered on Jun 4, 2021

Assuming that you are dating with no sexual contact that is OK by the law. By your ages, assuming she is over 14 and you are less than 18 it would not be illegal for you if you do have contact.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Pennsylvania on
Q: Could I get a medical marijuana card for myself in Pennsylvania, if my husband has guns in our home?

I have no guns registered in my name.

Peter N. Munsing
Peter N. Munsing answered on Jun 4, 2021

There would be nothing to prohibit that.

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