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.

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... View More

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... View More

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?

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... View More

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... View More

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/

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.

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... View More

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... View More

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... View More

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

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... View More

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... View More

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... View More

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.

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... View More

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

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... View More

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... View More