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Questions Answered by R. Patrick Link
1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If probation officer had me leave the room before urine was sealed can the results be used against me
R. Patrick Link
R. Patrick Link
answered on Aug 15, 2016

You do not need to be present for every step in the chain of custody. They need to follow certain protocols to establish that the urine that is ultimately tested came from you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: hello my name is coco and i have few questions my husband was arrested he was put into handcuffs before being identified

my husband was never identified by the victim and the victim is lying on my husband there is a lot of inconsistency in the victims statement and i don't know what to do because we can't afford a lawyer

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

If your husband was arrested for a crime that he was not identified by an eyewitness for, then there must be some sort of circumstantial evidence available to prove that he is the person who committed the crime. A good lawyer should be able to attack a case without an identification. If you... Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Im charged with small amount of marijuana and driving with a suspended liscense will i go to jail?
R. Patrick Link
R. Patrick Link
answered on Aug 15, 2016

If you drive under suspension for an ARD, DUI, refusal of chemical testing, there is a mandatory jail sentence of 60 days. If you are DUI while suspended, there is a mandatory sentence of 90 days plus the penalties for the DUI. a second offense is a mandatory six months in jail, third or subsequent... Read more »

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2 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: Pulled over for broken headlight and cop wants me to send a picture of it fixed. Is that legal?

My girlfriend was pulled over for a broken headlight and the cop told her that she has to send him a picture of it fixed. Are they allowed to force people to send pictures. He didn't ticket but is threatening to do if she doesn't

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

Only a subpoena or search warrant can be used to compel production of photographs (rather than a verbal police order), and even if one is issued, you could claim a 5th amendment privilege.

However, it seems like the officer is trying to work with you. Why not just send the picture?

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2 Answers | Asked in Criminal Law for Pennsylvania on
Q: If a 15 year old threatens 22 year old to fight. How many hits before its self defense?
R. Patrick Link
R. Patrick Link
answered on Aug 15, 2016

There is no set number of "hits" before s self-defense claim can be raised. You are entitled to use whatever force is immediately necessary under the circumstances to protect yourself against the use of unlawful force by another person. Of course, if the other person is younger and... Read more »

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My husband was arrested for "Controlled substance contraband to confined persons prohibited" this is his first offense

he has 3 charges, (1)manufacture, delivery, or possession with intent to manufacture or deliver, (2) contraband/ controlled substance, (3) poss of marijuana. I just want to know what are his chances, the maximums, the minimums, can he get probation, pay a fine, like what are the options?

R. Patrick Link
R. Patrick Link
answered on Jul 29, 2016

The charge of Contraband is the most serious of these charges. It carries a mandatory-minimum sentence of 2-4 years of jail if incarcerated, which is one of the few mandatory-minimum sentencing schemes still constitutional in PA. The Commonwealth need not even prove that the person had the intent... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: In the harassment law for PA state it has to happen more than once?

I saw about how following someone is a punishable offense, but I can't find anything about it having to happen more than once. I saw one thing that said it only has to happen once in PA. Last night, a man literally chased me down a street. My husband called the cops for me right after & I... Read more »

R. Patrick Link
R. Patrick Link
answered on Jul 29, 2016

That sounds hard to believe, unless he was chasing you down the street to ask you for directions to Starbucks. If you have an issue with the officer you spoke to, ask to speak with a supervisor.

Learn more about when cops lie in Philadelphia - http://linklawphilly.com/when-cops-lie/

1 Answer | Asked in Libel & Slander and Criminal Law for Pennsylvania on
Q: My family and I have a woman who will not leave us alone, this has been going on for over 4 years.

We had to sell our house because of it, shows up at public places where we are, followed my son around our old neighborhood, stops her car and stares at my children if she sees them somewhere, spreads rumors about us, had a very disturbing phone call from her husband, and constantly trying to... Read more »

R. Patrick Link
R. Patrick Link
answered on Jul 29, 2016

If true, it sounds like the person could be arrested on charges of harassment (which could be a summary offense or a misdemeanor), or even stalking (which can be graded as a felony). Call the police.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: what to do? neighbor keeps threatening me and cops won't do anything last night tried to hit me with her car

my neighbor has been harassing me and threatening to kill me for three years now n cops won't take it serious

R. Patrick Link
R. Patrick Link
answered on Jul 29, 2016

I am generally focused on helping people OUT of trouble. However, when the police ignore you, it is still possible to pursue criminal charges by filing a Private Criminal Complaint at the District Attorney's Office. Go to your county DA's Office website for how to proceed in your... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Dismissal letter from job warned against "defaming" the former employer on social media. Can they do that?
R. Patrick Link
R. Patrick Link
answered on Jul 29, 2016

I don't think your employer commited a crime, if the threat was merely to file a lawsuit for possible defamation. It's just a scare tactic meant to deter you from spilling the beans about their shoddy business. Unless you are bound by some non-disclosure agreement, you can voice your... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: in lackawanna county, scranton, pa, pulled over after being followed by drug enforcement officers.

accused of "suspicious behavior" in a known drug area when in fact was dropping boyfriend at mothers house and drove around the block twice because they were arguing. boyfriend is a recovering heroin addict x 1 month, after many attempts to stay clean. when they finally pulled her over,... Read more »

R. Patrick Link
R. Patrick Link
answered on Jul 27, 2016

I believe your daughter has a strong basis for filing a motion to suppress the evidence due to the fact that the reason for pulling her over is "suspicious". The officers will have to articulate what the "suspicious" activity is.

What may be "suspicious" to...
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1 Answer | Asked in Federal Crimes for Pennsylvania on
Q: can i have a federal charge changed after i finished my sentence

i was charged with 924c i traded a pistol for drugs, i dont feel that i should have had this charge but i plead guilty and did my time. But i am trying to move on in my life. can i have this changed to just a drug charge?

R. Patrick Link
R. Patrick Link
answered on Jul 27, 2016

You can only "change" the charge if you are successful on an appeal, or if you can prove that your attorney was ineffective.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can you still be charged for stealing a gun with just witness statements since the gun was disposed of?

My boyfriend stole a gun from his friends place and he brought to my home. I told him to get rid of it because I did not want it in my house around my kids. He in returned threw it in the river by our house. My daughter, myself and my mom all witnessed him in possession of the gun. I am able to... Read more »

R. Patrick Link
R. Patrick Link
answered on Jul 27, 2016

Yes. Witness testimony is considered direct evidence that can be used at a trial to prove the Commonwealth's case. Of course, many witnesses lie, or are mistaken, so effective cross-examination of those witnesses plus the fact no gun is recovered, should increase the likelihood of a not guilty... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: if one is accused of retail theft for a twenty dollar bill that he placed at a different register in the store.

its Walmart they have many cameras...how can we prove that he did not leave the premises with it?

R. Patrick Link
R. Patrick Link
answered on Jul 27, 2016

It doesn't take much to be accused of something. Being charged and/or convicted is another story. If the placing of the bill into a different register involves some sort of deception to effectuate the theft of goods for sale, then yes, one could be charged. If it was an innocent mistake, then... Read more »

1 Answer | Asked in Juvenile Law for Pennsylvania on
Q: 17 yr old being charged with theft of firearm and sale of it. They want to charge as an adult. What are options?

They say its a felony, he was on probation in the past. What can we do to help him. Also he was questioned without a parent

R. Patrick Link
R. Patrick Link
answered on Jul 27, 2016

A motion for de-certification can be filed to have the case sent back to juvenile court. Essentially, the defense must show that the youth is amendable to treatment, rehabilitation and supervision in juvenile court. This can be achieved through a report by a psychologist, and is more likely to... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My niece went to a girls house and beat her up. She was arrested and charged with robbery by force. Nothing stolen? How?

Ari (my niece), her sister and her cousin went to the Ari's co-workers house and my niece beat her up. The girl called the cops and they arrested my niece at their mutual place of employment. My niece was charged with robbery by force but there was nothing taken/stolen that we aware of. What... Read more »

R. Patrick Link
R. Patrick Link
answered on Jul 27, 2016

In order to convict on a robbery charge, the Commonwealth must prove that during the course of a theft or ATTEMPTED theft, force was employed. Therefore, property need not be taken. However, if there was no attempt, there is no robbery.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: you already have a warrant for your arrest and the judge changes the warrant just to have you picked up what can be done
R. Patrick Link
R. Patrick Link
answered on Jul 21, 2016

Judges do not typically "change" warrants. Without more details, it is very difficult to answer your question. If you know there is a warrant for your arrest, you should contact a lawyer immediately and always remember the golden rule- REMAIN SILENT! Do not make any statements unless you... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Im 16 and i met my best friend online he is visiting me soon and he is 21. is this illegal?

we are friends, we arent going to do anything except go out and do things around town. and thats all and im just wondering if it would cause problems. thank you!

R. Patrick Link
R. Patrick Link
answered on Jul 21, 2016

No. However, if you engage in any type of sexual activity, he or she could be charged with a number of offenses.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If a defendant is not stated as the sole defendant in an indictment does that mean others will be charged
R. Patrick Link
R. Patrick Link
answered on Jul 21, 2016

Not necessarily. Sometimes the government can only identify a single member of a conspiracy, even though they know others are involved. In those cases, the other individuals will be know as the unindicted co-conspirators. The government can charge those individuals at any time, provided they do so... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How long until the jail receives your green sheet after court?

According to probation paperwork went to the judge yesterday to sign for a release on Monday but the jail does not have a copy as of yet

R. Patrick Link
R. Patrick Link
answered on Jul 21, 2016

If you are in custody and are sentenced to probation, the court is responsible for sending the appropriate paperwork to the prison to ensure your release. This is usually accomplished by 10PM the same day. If there is a delay, you must contact a lawyer to determine if all of the appropriate... Read more »

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