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 »
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 »
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?
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...Read more »
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 »
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...Read more »
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...Read more »
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 »
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...Read more »
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 »
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...Read more »
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 »
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,...Read more »
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...Read more »
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...Read more »
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...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.