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Questions Answered by R. Patrick Link
1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If false report is filed but no police report filed, can you press charges for false accusations?

This is during contentious custody battle and child abuse charges.

R. Patrick Link
R. Patrick Link answered on Jan 24, 2017

Contact the police or your county DA's Office if you think someone has committed a crime.

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: Help???

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 »

R. Patrick Link
R. Patrick Link answered on Jan 24, 2017

Unfortunately, they probably owe nothing more than apology. If things were broken, or people injured during the execution of the warrant, you could have a possible lawsuit.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My public defender "sold" me to the courts! How do I appeal EVERYTHING????
R. Patrick Link
R. Patrick Link answered on Jan 24, 2017

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 »

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: What happens if a witness lies to a grand jury within a testimony?
R. Patrick Link
R. Patrick Link answered on Jan 24, 2017

A witness who lies at a Grand Jury hearing commits the crime of perjury. It is a felony of the third degree that can carry a maximum sentence of seven years in jail.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: How do you address police misconduct in a motion?
R. Patrick Link
R. Patrick Link answered on Jan 24, 2017

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 »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If charged with resisting arrest what is the most amount of jail time that can be served?
R. Patrick Link
R. Patrick Link answered on Jan 24, 2017

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.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Can you get a case dismissed off of police misconduct?
R. Patrick Link
R. Patrick Link answered on Nov 16, 2016

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 »

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Is it legal for the federal goverment to ask the state within a state prosecution to assist the federal prosecution?

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...

R. Patrick Link
R. Patrick Link answered on Nov 16, 2016

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.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: How do you get phone records of a person's text messages and phone calls if they are a witness?

What motion would you file to obtain those records

R. Patrick Link
R. Patrick Link answered on Nov 16, 2016

You could issue a subpoena duces tecum to request the sought after records.

Let me know if you have any more questions or I can be of assistance further - http://linklawphilly.com/

1 Answer | Asked in Civil Rights, Criminal Law and Federal Crimes for Pennsylvania on
Q: What happens if the police fail to sign the property record form?

What motions would you put in to challenge that .

R. Patrick Link
R. Patrick Link answered on Nov 16, 2016

There are not any motions to put in, but it's possible you could challenge the chain of custody at trial.

Let me know if you have any other questions and you can learn more about criminal defense in PA on my blog - http://linklawphilly.com/blog

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: What happens if a person lies to a grand jury? Can they till be used as a witness?
R. Patrick Link
R. Patrick Link answered on Nov 16, 2016

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 »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: day of sentencing are you physically put on house arrest and is this theday youpay also
R. Patrick Link
R. Patrick Link answered on Sep 7, 2016

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 »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Can some make a child support hearing if they are incarcerated,with lawyer approval
R. Patrick Link
R. Patrick Link answered on Sep 7, 2016

Child support hearings are usually continued until the person is out of custody.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If a lawyer put in a petition why wouldn't it show up on a docket sheet?
R. Patrick Link
R. Patrick Link answered on Sep 7, 2016

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.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Summary retail theft. I reside in Mercer County PA. What steps do I need to take to enter a diversion program?

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 »

R. Patrick Link
R. Patrick Link answered on Sep 7, 2016

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 »

1 Answer | Asked in Adoption and Criminal Law for Pennsylvania on
Q: Husband has criminal record from 15yrs ago (robbery & aggr assault). If we get governor pardon will we qualify to adopt?

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 »

R. Patrick Link
R. Patrick Link answered on Aug 15, 2016

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.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: my daughter boyfriend is being charged with aggrevated assualt should he voluntary go into the cops

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?

R. Patrick Link
R. Patrick Link answered on Aug 15, 2016

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 »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can a District Attorney legally post the address of anyone that is charge with a crime?

The family is now at risk because they are getting violent threats, and a paper that printed the article even came to the home and took pictures from pretty much every angle.

R. Patrick Link
R. Patrick Link answered on Aug 15, 2016

It is bad form for the DA to post an address, but I don't think it's illegal. Any threats made to the family should be reported and treated seriously by the local police department.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Today is my last day of my juevnile probation. Can she urine test me after today? She hasn't contacted me
R. Patrick Link
R. Patrick Link answered on Aug 15, 2016

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.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: is there a way to get out of a bench warrant for missing a summons if it was withheld from you and knew nothing of them

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

R. Patrick Link
R. Patrick Link answered on Aug 15, 2016

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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