Hi I have a few questions if someone can help. My mother's house was raided. They came into the house with no one being there. The way they entered the house was threw a back sun room. They came in thru a locked window and picked the lock on the big door. How we knew was that all the closets... Read more »
You should contact a lawyer immediately. You only have thirty days to file an appeal after you are sentenced. If you are challenging the effectiveness of your trial lawyer you could file a PCRA and the timelines in which to do so are different. Either way, you should contact a lawyer to decide...Read more »
Police misconduct may be relevant in many different stages of a prosecution. If proven, it can affect their credibility in court which could enable you to win a motion to suppress evidence, or win an outright acquittal. Learn more on my blog -...Read more »
Resisting Arrest is a second degree misdemeanour, which carries a maximum punishment of two years in jail. However, sentencing guidelines generally call for much less than that. For someone with no record, the sentence is often probation.
If the police misconduct involves unconstitutional methods for obtaining physical statements, evidence, or identifications, you could have that evidence suppressed, which could result in the Commonwealth being unable to proceed to trial.
Police abuse is not uncommon in Philly - here is some...Read more »
the state initiated the charges the federal government was indicting for the same conduct and the assistance requested by the federal government from the state was a continuance within the state criminal case
If possible could you add in any case laws in with the answer...
The state could "assist" the federal government by continuing the state case, but they could potentially run into speedy trial issues under Rule 600 if the case is delayed beyond a year from the date of arrest.
If a person testifies differently at a Grand Jury, that person can still be used as a witness by the DA due to a rule of evidence that allows "prior inconsistent statements to be offered as substantive evidence." If the DA calls this person to the stand at trial after the Grand Jury they are...Read more »
In Philadelphia, if you are out on bail and sentenced to house arrest, you will usually be allowed to come back a month later to be put on a monitor. This allows you time to have the phone company install a line and to get the equipment set up. Once you return to court for the surrender, you will...Read more »
Either the lawyer said he filed it and didn't, or the clerks in the courthouse didn't enter it. You should have your lawyer follow up to see why it's not on the docket. If it's not on the docket, nothing will ever happen with the petition.
I live in a small community and have a pretty good name that is sure to be tarnished by this. I don't have a criminal record besides a few traffic tickets. This happened on 7/15. I have plead not guilty and am awaiting a court date. From what I understand I am eligible for a diversion program.... Read more »
Generally requests to enter a diversion program are made pre-trial. Once you are arrested, that fact becomes public information. If you complete the diversionary program, you can usually then file to have the entire case (including fingerprints, mugshots, witness statements, record of arrest)...Read more »
My husband and I are working to get him a governor pardon so we will be able to adopt. I am also wondering if we need to get a pardon for all the past crimes or if it is just the aggravated assault that is going to pose an issue. He is really a good person who had a very harsh childhood, made a few... Read more »
Governors pardons are hard to come by, and you will need a lawyer to walk you through the process. As far as what impact the convictions and/or a pardon could have on your adoption chances, that question is best answered by a family law attorney. Good luck.
he accidently shot someone with a bb gun, witnesses were asked for statements but the cops never spoke to him. today his mom called and the police told her he was being charged with aggrevated assualt and he should come down to the police station. does he have to go or wait to be arrested?
If he knows of the warrant and does not turn himself in, then it is possible that could be used against him at trial under a "consciousness of guilt" instruction to a jury. The theory is that innocent people turn themselves in, guilty people evade the process. Also, if he turns himself in, he'd be...Read more »
I would certainly argue that any test taken after the expiration of probation should not be used against you. But before you decide to celebrate your termination, you should have a lawyer verify that you are in fact no longer being supervised.
My boyfriend currently has a warrant for missing two court dates form files charges against him from an ex and the summons went to her address and he was not told of them though she had contacted us after the fact about other things but did not mention the summons or had them sent to his new address
There are steps that can be taken to avoid having to go into custody for this mix-up.
My best advice is to hire a lawyer, and then personally appear in court to address the situation with the judge or magistrate who issued the bench warrant. Until it is lifted, your boyfriend risks getting...Read more »
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