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Questions Answered by Andrea E. Mertz

2 Answers | Asked in Criminal Law for Pennsylvania on

Q: I wanna kno if u have a no grade felony does it drop to a misdemeanor and if so how long does it take?

Andrea E. Mertz answered on May 16, 2019

Ungraded felonies (rare) would not be reduced to misdemeanors except in certain cases with very specific facts and the District Attorney's consent. Usually, a defendant if guilty would argue for a plea that is less than the felony charge. Otherwise, if innocent, take it to trial and get acquitted... Read more »

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2 Answers | Asked in Criminal Law for Pennsylvania on

Q: taking money from a.self checkout can I be charged criminally

it was left behind I didn't see who was there before hand

Andrea E. Mertz answered on May 13, 2019

Yes. The charge is theft.

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on

Q: What are the chances of getting a charge of Int poss contr substance by per not reg dismissed or reduced?

Being held in prison for traffic tickets and the possession charge. Has a detainer from Berks county for probation violation.

Andrea E. Mertz answered on Mar 5, 2019

It would depend on the facts of the case. I cannot answer with the limited facts provided. In general, the DA's office usually pursues the possession charges, though. However, there could be suppression issues that an experienced attorney could find to suppress the controlled substances which... Read more »

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1 Answer | Asked in Criminal Law for Pennsylvania on

Q: What’s the minimum charge for a second degree misdemeanor in PA?

Andrea E. Mertz answered on Jan 25, 2019

Assuming you have no prior record of convictions, probation is the standard order you will receive. The maximum sentence you face is 1 to 2 years incarceration. However, that maximum usually is ordered for repeat convicts who have multiple convictions.

1 Answer | Asked in Criminal Law, Federal Crimes and Intellectual Property for Pennsylvania on

Q: Will you get jail time for a second degree misdemeanor? Charge was for taking $100 from work after a customer left it.

Andrea E. Mertz answered on Jan 25, 2019

Assuming you have no prior record of convictions, you will get probation. The maximum sentence you face is 1 to 2 years incarceration. However, that maximum usually is ordered for repeat convicts who have multiple convictions. Hire an attorney and inquire as to whether your county has a first... Read more »

2 Answers | Asked in Criminal Law, Personal Injury and Juvenile Law for Pennsylvania on

Q: I'm in Pennsylvania and 18y/o m. A 16 year old m didn't pay back my 200 dollars.

He challanged me to a fight, and to avoid more problems it seems like the best solution. What could happen here. Not fighting is kind of out of the option at this point.

Andrea E. Mertz answered on Jan 25, 2019

Think this through. If you fight him, you could be accused of the criminal offense, simple assault. You will be prosecuted and could serve a lengthy term of probation or jail and substantial fines. In terms of suing him in civil court to recover the $200 on the basis of breach of contract, you... Read more »

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2 Answers | Asked in Contracts and Criminal Law for Pennsylvania on

Q: Can I be charged with Home Improvement Fraud when work is 50% complete and there is no completion date in the contract?

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Andrea E. Mertz answered on Oct 17, 2018

You may be charged. However, you have some defenses that you and your attorney should be able to use. Contact an attorney immediately upon being charged to discuss how to proceed.

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1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Can a person who pressed charges on you show up to your court date if they have went to drug rehab

Andrea E. Mertz answered on Jun 29, 2018

If the matter is at the preliminary hearing stage, the person does not have to be there and the officer can testify to the statement the person made to the officer even though that would not be admissible in other courts as it is heresay. So at the preliminary hearing, it is not an issue whether... Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on

Q: how to get a case overturn by a judge?

Andrea E. Mertz answered on Jun 26, 2018

Your question needs more facts to answer with accuracy. If a judge has ruled in the matter at the Common Pleas County level, then you have to appeal to the Superior Court within 30 days of the decision. If the decision was a decision by a local magisterial district judge, you have 30 days from the... Read more »

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