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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Does it violate the 14th amendment right to travel if my probation officer bars me from traveling
James L. Arrasmith
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answered on Nov 12, 2023

In the context of probation, the right to travel, as protected under the 14th Amendment, can be lawfully restricted. Probation often comes with conditions that aim to ensure public safety and facilitate rehabilitation, and these conditions can include travel restrictions. The Supreme Court has... View More

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: My fiancée is in jail over a case where they had no victim no witnesses and no weapon they gave him 15-30 years

They have denied him a habeas corpus and supresión of evidence he has filed a pcra

James L. Arrasmith
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answered on Nov 12, 2023

In Pennsylvania, if your fiancée is in jail serving a sentence of 15-30 years despite there being no victim, witnesses, or weapon, and his attempts at habeas corpus and suppression of evidence have been denied, the Post Conviction Relief Act (PCRA) petition he has filed is a crucial step. The PCRA... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If my defense attorney is elected DA, what happens to my two ongoing and open criminal cases?
T. Augustus Claus
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answered on Nov 6, 2023

If your defense attorney is elected DA, your two ongoing and open criminal cases will be assigned to a new prosecutor. The DA's office is a separate entity from the defense bar, and prosecutors have a duty to represent the interests of the state, not the interests of individual defendants.... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My co defendant have a 5k1 and on parole but was let go by the police in a drug raid
T. Augustus Claus
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answered on Oct 27, 2023

In Pennsylvania, if your co-defendant has a 5k1 (prior conviction for possession with intent to distribute a controlled substance) and is on parole, but was let go by the police in a drug raid, this could be a problem for them. The police are not required to let everyone go who is arrested in a... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: Are there attorneys who represent minors for harassment charge ?

13 & 11 year old. Wish to fight the charges due to State Police not conducting investigation thoroughly. Oldest son did not participate but was in room on Xbox yet still gets charged and youngest sons friend lied at school saying he wasn’t here during the incident with my youngest. I have... View More

James L. Arrasmith
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answered on Oct 22, 2023

In Pennsylvania, attorneys can and do represent minors in criminal matters, including harassment charges. Given the situation you've described, it's crucial to secure legal representation for your children as soon as possible. An experienced attorney will evaluate the evidence, question... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can pa crime code 4912 be upheld if there was no intent and nothing obtained?

Owner of towing comp can't produce paperwork for release of vehichle to me. He called me and got ignorant so I sent text saying he was going to be under investigation for illegal impound yard. He still didn't give me anything.

T. Augustus Claus
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answered on Oct 12, 2023

In Pennsylvania, crime code 4912 generally pertains to "Impersonating a Public Servant" and it usually requires the intent to induce another to submit to such pretended official authority, to solicit funds, or to otherwise cause harm. Therefore, intent is a critical component of this... View More

3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Pennsylvania on
Q: Looking for a Criminal Immigration / Deportation Defense Lawyer from Pennsylvania

In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney... View More

Peter J. Thompson
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answered on Sep 22, 2023

A lot is at stake, and you are right to be searching for an attorney who is well versed in both state criminal and U.S. immigration law and practice, including deportation defense (EOIR), affirmative applications (USCIS), and U.S. entries (CBP). Your attorney should also have a high level of... View More

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3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Pennsylvania on
Q: Looking for a Criminal Immigration / Deportation Defense Lawyer from Pennsylvania

In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney... View More

Tim Akpinar
Tim Akpinar
answered on Sep 24, 2023

There are lawyer referral sites out there. The closest thing here that could supplement your own independent searches could be the "Find a Lawyer" tab above. There are also attorney referral resources on state and local bar association sites. Those resources are outside this forum and any... View More

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3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Pennsylvania on
Q: Looking for a Criminal Immigration / Deportation Defense Lawyer from Pennsylvania

In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney... View More

James L. Arrasmith
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answered on Sep 24, 2023

Given the complexities of the intersection between immigration and criminal law, it's crucial to seek representation from an attorney well-versed in both areas, often referred to as "crimmigration" attorneys. Pennsylvania has several lawyers experienced in crimmigration matters. I... View More

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Fiances ex wife keeps makings false accusations on multiple occasions, each times has came back inconclusive.

There's a verbal warning no contact order already in place. What else can I do on my side to stop the harassment.

T. Augustus Claus
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answered on Sep 21, 2023

In Pennsylvania, if your fiance's ex-wife is continually making false accusations that amount to harassment, you may consider pursuing a Protection From Abuse (PFA) order against her. A PFA can prohibit her from making any further false accusations, and violations of the PFA could lead to... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is it a crime to keep a fake id (NOT government related) which does NOT have your age, on your person?
T. Augustus Claus
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answered on Sep 13, 2023

In Pennsylvania, the possession of a fake ID, even if it is not government-related and does not contain false age information, can still raise legal concerns. The key factor often considered is the intent behind possessing such an ID. If it is held with the intention of using it for fraudulent... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Who gets in trouble if the plaintiff contacts the defendant and the defendant responds
T. Augustus Claus
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answered on Sep 5, 2023

In a legal context, especially in criminal cases, it's generally advisable for the parties involved not to have direct communication with each other, particularly if there is an ongoing dispute or legal proceedings. The reason for this is to avoid any potential interference with the legal... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How do you get an attorney removed from your case in Pennsylvania?

She has not talked to me since the day I hired her nearly 1 year ago. My case is about to go to trial and I am unable to hire a replacement attorney until she is removed as my lawyer. My case is in Monroe County, Pennsylvania.

Steven Pacillio
Steven Pacillio
answered on Aug 19, 2023

You can hire a new attorney at any time. Once you've hired the new attorney, he or she will file an Entry of Appearance with the Court, oftentimes the new attorney will coordinate with the old attorney to file this concurrently with the old attorney's Withdrawal. Alternatively, the new... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is a urine test admissable in court or should they have done a blood test

I've found some case law in other states that say they are inadequate

T. Augustus Claus
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answered on Aug 9, 2023

In Pennsylvania and many other jurisdictions, the admissibility of urine test results in court can depend on various factors, including the circumstances of the case, the specific charges, and the reliability of the test method. Blood tests are generally considered more accurate for measuring... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If you shoot someone in your home who attacks you and police refuse to apply the castle doctrine. Or stand your ground.

And they try you for attempted criminal homicide. In a jury trial you were found not guilty by reason of self-defense. Can you turn around and sue them for malicious prosecution or just sue them period.

T. Augustus Claus
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answered on Jul 10, 2023

If you were found not guilty in a criminal trial based on self-defense, it may be possible to pursue a civil lawsuit against the individuals or entities involved in the prosecution for malicious prosecution or other related claims. Malicious prosecution generally requires proving that the... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Pennsylvania on
Q: I was just issued a traffic citation for driving without a license, on probation, what should i tell my PO

Also am i likely to recieve a probation violation for this? The officer i was pulled over by said i should have nothing but a small fine to pay, this is my first traffic violation and would be my first probation violation, is it likely my probation officer would let me off with a warning?

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Many other factors will determine outcome. You are on probation for what? You have a license but did not have it with you? Your license is suspended? All have differing results. Best to discuss with your PO before he gets a report from DMV. I recommend you contact several attorneys in your area... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Is baiting child predators online legal?

I've seen a lot of videos online of people baiting and exposing child predators. Which I 100% support. I've got two young daughters myself. These "hunters" have full documentation of the conversations that they can turn over to the police. My question; is this technically legal?... View More

T. Augustus Claus
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answered on Jul 5, 2023

Baiting child predators online, commonly known as online vigilantism or "hunting," can be a complex legal issue. While it may seem like a proactive way to expose and deter child predators, engaging in such activities may raise legal concerns, including potential entrapment claims.

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Sexual Harassment for Pennsylvania on
Q: In Pennsylvania can I do anything about my 38 year old bf trying to sleep with my 17 year old daughter?

I found messages between them and my daughter stated she didn’t want him like that but he keeps trying to pressure and manipulate her into it. I’m also in an emotional psychological abusive relationship and financially trapped and don’t know what to do to get out

Kathryn Hilbush
Kathryn Hilbush
answered on May 15, 2023

Yes, get rid of the boyfriend! Search online for a support group for abused women in your area and see what they can do to help you. Perhaps what he's said is sufficient for filing for a Protection from Abuse Order. You may also want to take the messages to the police and see if there's... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Pennsylvania on
Q: How can I prove my signature was forged. If I don’t have the original promissory note?

I gave someone a promissory note on a piece of lined notebook paper with my signature. She took my signature from that and copied it and pasted it to a fake lease. And used it in court.

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

Hire an expert. There are many ways. The ink used by copy machines is different from the ink used in pens. The “white” space in a photoshopped image is a different “white” than the paper. Digital images of a signature are finely pixilated and not a smoothly flowing signature you get... View More

1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Rights and Landlord - Tenant for Pennsylvania on
Q: Ombias pretrial motion what does it mean and if my legal represent For me did not tell me about this what does that mean
Lauren A Wimmer
Lauren A Wimmer
answered on Mar 22, 2023

In a criminal case, an omnibus pretrial motion is a generic motion that must be filed within a certain time period following formal arraignment to preserve your right to file motions down the road as your case progresses. These motions are typically boilerplate and contain multiple requests for... View More

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