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Questions Answered by Brian Fishman
1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: What is income guideline to qualify for a public defender for a dui charge?
Brian Fishman
Brian Fishman answered on Feb 9, 2013

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 qualifications for a PD would be the same.... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Do I need an attorney to avoid serving time for a probation violation
Brian Fishman
Brian Fishman answered on Feb 8, 2013

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 free in society and be supervised by a... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: A family member is in Bucks County Corrections on a parole violation for drugs. He was to be released and in the last

Houra failed a urine test. He was put into the "hole" We only found this out from an anonymous call. How do we get information about what he tested positive for, how long he will be there? What are our rights to information?

Brian Fishman
Brian Fishman answered on Feb 8, 2013

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 first reach out to his counselor at the prison to find out... Read more »

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: If am requesting monetary Damages for future lost wages & Emotional Distress, are those Compensatory Damages?
Brian Fishman
Brian Fishman answered on Dec 31, 2012

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 to punish the defendant if their conduct... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: In Pennsylvania I had an ard dui in June 2002 which was completed in June 2003 with a 7 year time-frame; in Oct 2011 I

Had another dui - is this considered a second offense under PA's 10 year look-back rule effective Feb 2004 or is this a first offense because it was more than 7 years later?

Brian Fishman
Brian Fishman answered on Dec 22, 2012

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 year look-back rule". There is a case, Commonwealth v.... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: 12 years ago, I was on fed.probation for 3 years and completed all aspects of the system. Can I now Vote or own a gun?

I'm very curious to know if, or how, I can restore my privileges to protect my family..Plz help me.

Brian Fishman
Brian Fishman answered on Dec 22, 2012

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 criminal convictions. This document shares much if not all of... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can a parole officer make you pay fines if you dont have the money
Brian Fishman
Brian Fishman answered on Dec 22, 2012

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 no means to pay any of your fines and costs,... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Stole jewlery from a family member and pawned it no charges were pressed in pa what are the charges
Brian Fishman
Brian Fishman answered on Dec 22, 2012

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 receiving stolen property. Theft is essentially defined as the... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can a judge sign an arrest warrent when he is a relative to someone involved in said case.
Brian Fishman
Brian Fishman answered on Dec 20, 2012

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 even the impression of impropriety? The... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can I search for criminal records for free for a Philadelphia resident who is creating havoc on our block?
Brian Fishman
Brian Fishman answered on Dec 8, 2012

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 then choose "criminal" for docket type &... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is there any way to get a consecutive sentence turned into a concurrent sentence?

My dad was convicted and sentenced to 9-20 years on 4 counts in 2003. Only one of which had a Pennsylvania minimum sentence, which of course he has fulfilled. He sent me a letter with this website in it, asking me to ask on here if there is a way to change the sentences as it would shorten his... Read more »

Brian Fishman
Brian Fishman answered on Dec 8, 2012

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 never be more than half of the maximum. So, a 9-20 year sentence is... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can a cop get my phone records when they just arrest my boyfriend. can they arrest on text messages
Brian Fishman
Brian Fishman answered on Dec 8, 2012

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 records without getting a warrant to obtain them.... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My son has been in jail for 7 months, and hasn't even seen a judge yet

He's been sitting for 7 months in prison. Every time it's time for court, something comes up.

Is that legal?

Brian Fishman
Brian Fishman answered on Dec 8, 2012

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 serving a sentence. If that's the case, and he's facing a felony in... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Need an Attorney
Brian Fishman
Brian Fishman answered on Dec 8, 2012

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 Philadelphia and the surrounding counties in Southeastern PA. I wish... Read more »

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