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Questions Answered by Ellis B. Klein
1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can I be imprisoned for a very small amount of Ganga found during a vehicle search after spending two days in jail?

Traffic stop with voluntary search,

Ellis B. Klein
Ellis B. Klein answered on Feb 18, 2021

Unlikely. I am wondering why you had to do any time in jail at all. Usually, these cases are done by summons where the charges are mailed out. You should speak to a lawyer. Sometimes these cases can be negotiated to a non-criminal fine or perhaps a first time offender program. Many of us give free... Read more »

4 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: Pulled over and fined solely for expired vehicle registration. Is that legal in PA?

My wife was pulled over and fined $144 for operating a vehicle with expired registration. This was the only reason for the stop. My understanding is it is a secondary offense and not grounds for a stop. Also on the citation the officer listed her car as a Ford Fusion but it is actually a Ford... Read more »

Ellis B. Klein
Ellis B. Klein answered on Feb 17, 2021

Yes.

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1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Are Pa. Law enforcement '"required" to give you a copy of the citation listing the violations for your signature at stop
Ellis B. Klein
Ellis B. Klein answered on Feb 15, 2021

No. The officer can file it within 30 days and then mail it to you. If it is filed with the court outside of 30 days then you can argue that it is past the statute of limitations. It is a three point moving violation so you should plead not guilty. You should also get a lawyer to help you either... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: How do I pay a ticket I never received?

I was in a bad accident a few years ago, it was my fault - I slid through a stop sign. I was taken by ambulance and never received a ticket nor was one mailed to me. Someone told me about a way to look up info on court cases and for kicks and giggles I checked my own data and lo and behold I have... Read more »

Ellis B. Klein
Ellis B. Klein answered on Feb 5, 2021

Contact the court and see if you can plead not guilty as you will be assessed 3 points if you plead guilty and just pay the fine. Hire a lawyer to help you to hopefully get the ticket dismissed because they have to have the hearing within the statute of limitations. Since you are passed that date... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Is it worth fighting a traffic citation that cost $144? And lawyer fees cost a lot more. And unlikely outcome?

I was the only person traveling on a two lane road. I looked down on my phone for no more than 2 seconds to look at an alert since no one was around. I looked up and a pickup truck was backing out of his driveway into a two lane road into my lane. I had no reaction time and slammed into the rear... Read more »

Ellis B. Klein
Ellis B. Klein answered on Feb 4, 2021

The Answer is, it depends. If it is a moving violation and you get points on your license there is a chance that your insurance increase. It may or may not but there is no way to know until it happens. Also, if you get points on your license and if you happen to get another ticket in the next year,... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: How many times can a judge reschedule a case for driving over speed limit?
Ellis B. Klein
Ellis B. Klein answered on Jan 26, 2021

With covid, as many times as he wants. If you get a lawyer, the lawyer may be able to contact the officer and the court to try to work it out sooner. Many judges are doing zoom or telephone hearings due to Covid. You did not say how fast they have you going so be sure to look into how many points... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I got pulled over for failure to stop at a stop sign. Should I go to court?

This occurred in PA. While I thought I stopped, it may have been a rolling stop. I am also a resident of MD, does that change anything? I'm worried about points going on my license. This occurred at night, however, the officer told me everything was recorded.

Ellis B. Klein
Ellis B. Klein answered on Jan 25, 2021

You should absolutely go to court because if you are found guilty, 3 points will be added to your license. You insurance could increase as a result and if you have points on you license already, you could potentially be suspended. Call a lawyer to discuss your case. Many judges allow your lawyer to... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Need advice about 2 drug charges i got never been in trouble before
Ellis B. Klein
Ellis B. Klein answered on Jan 22, 2021

Call a local criminal defense attorney to discuss the case. Most of us will give you a free consultation over the phone. If you have no prior record you may be eligible for a program where the charges eventually get dropped and expunged. Good luck!

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hi, at pretrial my case was dismissed app.a month ago. I just found out its been refiled.is that double jeopardy.?
Ellis B. Klein
Ellis B. Klein answered on Jan 19, 2021

No, it’s only double Jeopardy once there is a trial in front of a judge or jury. The state is permitted to re-file charges and you should get an experienced lawyer to defend you if you have not already. Good luck

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Trying to resolve pending charges in pennsylvania

I have two pending charges in pennsylvania for harassment and disorderly conduct from 12/2017. The incident took place the day before I was set to move back to Oklahoma. I left the scene before cops arrived, therefore was not arrested, nor did I go to court or receive any mail. I have no previous... Read more »

Ellis B. Klein
Ellis B. Klein answered on Jan 16, 2021

There is very likely an arrest warrant issued for your arrest for failing to appear. You will need to address this because if you do not eventually you can be picked up by police on the warrant. If you get picked up out of state they can hold you in jail until you were extradited which could take... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Crossed the intersection while the signal was yellow still cited for jumping a red signal

I am 100% sure I have crossed the intersection while the traffic light was yellow still I was pulled over today and was given a citation “failed to stop at steady Red signal”. Please guide if could still be fined even after pleading not guilty.

Ellis B. Klein
Ellis B. Klein answered on Jan 9, 2021

Definitely plead not guilty because it is a three point offense. The law says that you have to be totally through the entire intersection before the light turns red. Since it is a three point offense you may be able to get the officer and Judge to reduce the tickets so it is just a fine and no... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I recently got cited for going 125 in a 55 mph. The charge is maximum speed limits under Title 75 Sec. 3362 Subsec. A2.

What am I looking at charge wise and will I spend jail time since this is my first offense?

Ellis B. Klein
Ellis B. Klein answered on Dec 29, 2020

You are looking at 5 points on your license, a hearing with Penndot to determine if you will be suspended and almost certainly your insurance rates will be affected or your insurance company can drop you. Plead not guilty and get a lawyer to help you as your chances of things working out will be... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I received a traffic violation that was filed on 11/25/20 by a PA officer for something on 10/8/20. Is that legal?

I received a traffic violation in the mail today that the officer filed the case on 11/25/20 for something I supposedly did on 10/8/20. I was wondering if it was legal for a PA officer to do that if it was over 30 days?

Ellis B. Klein
Ellis B. Klein answered on Dec 10, 2020

It depends what the violation is for. Normally they have 30 days to file a citation unless it is Driving Under Suspension. If it was filed after 30 days then you can argue that the ticket should be dismissed. An experienced traffic lawyer would be a great help.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How can I stay out of jail on this chsrge

Accused of stealing a car from enterprise

Ellis B. Klein
Ellis B. Klein answered on Dec 6, 2020

If you are accused of stealing a car then you’re likely looking at a felony of the third degree which is a maximum of 3 1/2 to 7 years in jail. Whether you go to jail depends upon many factors. First in for most, the judge will look at the facts of the case. Second, they will look to see whether... Read more »

2 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: My son received a speeding ticket while driving my husbands car. If we go to court to fight the ticket. What happens?

The officer wrote the ticket out to my husband. Would the case be dismissed or would the ticket be transferred to my son.

Ellis B. Klein
Ellis B. Klein answered on Nov 25, 2020

I’m not sure I understand your question when I read the other attorneys answer. If your son was given a ticket and he was not driving the vehicle that yes the case should be dismissed. However if your son was driving and he did in fact get the ticket points could lead to increased insurance... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Pennsylvania on
Q: How long do you get for credit card fraud by using a strangers card

Was asked to get something for co-worker on break and I thought the card that I had used was the co-workers card and put it in my pocket and used it. Ended up that it wasn't my co-workers card after all. Since I was last used by card holder at my place of work they matched up the video... Read more »

Ellis B. Klein
Ellis B. Klein answered on Nov 24, 2020

It is a felony of the 3rd degree. Maximum is 3.5-7 years. Call a lawyer. The lawyer can call the police officer to see if charges are pending. If they are, a lawyer can make arrangements to turn you in rather than the police coming to arrest you. You need legal representation so start calling... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I live in Pennsylvania and work in Maryland. My job requires me to have a CDL. I received a speeding ticket today.

My ticket was 80 mph in a 50 mph zone in Maryland. Will the points transfer to my Pennsylvania driving record and will it affect my Pennsylvania CDL? Thanks.

Ellis B. Klein
Ellis B. Klein answered on Nov 24, 2020

Get a lawyer to go to court with you. You are looking at a 5 point offense. If your employer checks your record and sees points it could affect your employment. Many judges will let your lawyer go to court for you, so you may not have to attend the court hearing to get your points reduced.... Read more »

1 Answer | Asked in Criminal Law, Banking, Identity Theft and White Collar Crime for Pennsylvania on
Q: What's the next step after police to you about being involved in credit card fraud investigation of $20.00

Accidental credit card fraud. I used someone else's credit card to make a purchase. I then tried to make another purchase with card and it didn't work. I tried to use the card again. The screen then said something about card being offline. I used a different card the for the purchase and... Read more »

Ellis B. Klein
Ellis B. Klein answered on Nov 24, 2020

Do NOT speak to the police without a warrant. More information is needed to give you advice. Did you know the person whose credit card it was? If not, you could be charged with felonies, including access device fraud, theft, identity theft. If you knew the person, if they say you did not nave... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Am I going to get a ticket/dose a cop have to tell you if you are getting a ticket

I was pulled over for doing 80 in a 55 the officer pulled me over took my stuff but never said anything about a ticket what dose this mean I live in Pennsylvania

Ellis B. Klein
Ellis B. Klein answered on Nov 23, 2020

You can be mailed a citation so long as the officer files it in court within 30 days of the offense. If you do receive a citation, plead not guilty as you would be looking at a 4 point offense at that speed. Many times we can go to court and get the speed and the points reduced, hopefully to a zero... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I got a speeding ticket in Pa and the description of my car is incorrect. Will that help me in any way?

I got a ticket for 55 in a 35 but it says my car is a convertible and a different color. Will that help me in any way if I plead not guilty?

Ellis B. Klein
Ellis B. Klein answered on Nov 23, 2020

Yes, it could be considered a "fatal error" if it is incorrect in certain situations. You may want to fight it based on this or in the alternative you may want to seek a reduction of the ticket to a zero point offense so that it will not affect your insurance. Either way, an experienced... Read more »

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