The right to a speedy trial is a right afforded to the Defendant in a criminal trial. This right comes from bot the United States Constitution and the Pennsylvania Constitution. The victim is not a party to a criminal case, he or she is a witness. It is up to the Commonwealth - through the... View More

You can hire a new attorney at any time. Once you've hired the new attorney, he or she will file an Entry of Appearance with the Court, oftentimes the new attorney will coordinate with the old attorney to file this concurrently with the old attorney's Withdrawal. Alternatively, the new... View More

You can still be violated for "police contact" even if the new charges result in an acquittal or get dismissed. The severity of the violation for police contact is much less than for a new conviction. You should immediately consult with an experienced criminal defense attorney in your... View More

Contrary to popular belief, furthered by depictions in TV and movies, the police are not required to advise a person of his/her Miranda rights merely because they are being placed under arrest. In many cases, the arrested person is never advised of their Miranda rights and this is completely legal.... View More

If your husband has been charged with committing crimes he needs to contact an experienced criminal defense attorney in the jurisdiction where the charges were filed. An experienced defense attorney can help evaluate the case and gather the necessary evidence to proceed to trial if your husband is... View More

Please provide more details. What are you trying to count? If you are looking for an expungement, that would need to be filed in the state where the conviction occurred. The expungement laws vary from state to state. I know you said it was in another state, but by way of example a felony conviction... View More

18 Pa.C.S. 2701 is the simple assault statute. You can read it here:

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=27&sctn=1&subsctn=0&mobile_choice=suppress

As a side note, you probably could have just googled this.

You need to provide more information and formulate a question so that attorneys can weigh in with replies. If the brother & sister took your property you should report it to the police immediately -- especially since there is a gun involved. Should something happen with that gun and you did not... View More

Unfortunately, if the case closed out in 2005 it has been about 15 years (depending on the exact date), so it is unlikely that your attorney still has the file. The Rules of Professional Conduct do not require attorneys to keep files for 15 years. The file has likely been destroyed. Regardless,... View More

If you have an active case then either your lawyer, or you if you are representing yourself, can obtain a subpoena in that case. If you have an attorney representing you on your case, then the attorney is the one who should subpoena witnesses.

Many experienced criminal defense attorneys offer an initial consultation at no cost. You should contact an experienced defense attorney who practices in the jurisdiction where the charges are pending. The attorney can discuss the strengths and weaknesses of the case and help the client make an... View More

Pennsylvania Statue, 42 Pa.C.S. § 5552 states, in relevant part:

(b) Major offenses.--A prosecution for any of the following offenses must be commenced within five years after it is committed:

(1) Under the following provisions of Title 18 (relating to crimes and offenses):... View More

It appear that at the time of the events that have rise to the conviction you did not be have a medical marijuana card. Accordingly, the act of possessing marijuana at that time was in violation of the law so the conviction will stand. The law looks at the particulars of the events at the time they... View More

"Unauthorized use of automobiles and other vehicles" is found at 75 Pa.C.S. § 3928.

It is a misdemeanor of the second degree in PA which means you face a statutory maximum of 2 years of incarceration and/or a fine of up to $5,000.

Anytime you are facing criminal charges... View More

Presumably you are referring to an ungraded felony. If you have been convicted of an ungraded felony, it will never "drop to a misdemeanor." If, however, you are merely charged with an ungraded felony, there is always the chance that your attorney can negotiate a plea deal involving... View More

You can fight any case. The likelihood of success varies based on the evidence available. You should promptly consult an experienced criminal defense attorney to review and evaluate your case. There are many factors to consider. For example: the police don't have to see you drive, it could... View More

There is nothing that prohibits an estate attorney from representing a person in a criminal matter. However (and this is a BIG however), would you let a heart surgeon operate on your brain, saying that a surgeon is a surgeon? I would not recommend it. Just as with any service you are seeking,... View More

Unfortunately, a felony conviction (regardless of how old it is) makes a person ineligible to possess a firearm both under Federal law and PA state law.

Unfortunately, you never know what the kid or the mom might tell the police (if they even called the police). Fortunately, Walmart stores generally have good video surveillance systems. If you are contacted by the police you should immediately contact an experienced criminal defense attorney in... View More