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Questions Answered by Steven Pacillio

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: If I had a conviction for use and possession of marijuana and then received a medical card a year later, can i do anhth

Steven Pacillio answered on Sep 5, 2019

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... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on

Q: I am being charged w/ unlawful use of a motor vehicle by my ex-husband. What would be the amount of the fine if guilty ?

I was given permission to use his vehicle & he then changed his mind only because he did not believe I was going where I told him. I was then sent messages threatening to turn me in for stealing his car. I had the car for 50 hrs to go away with family for a weekend. I was even allowed to use his... Read more »

Steven Pacillio answered on Jul 16, 2019

"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 is it...
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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?

Steven Pacillio answered on May 16, 2019

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 dropping the... Read more »

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4 Answers | Asked in Criminal Law and DUI / DWI for Pennsylvania on

Q: can I fight a pending DUI that the police didn't observe me driving and don't know when I ingested the drugs?

I wasn't in the car, the keys weren't in the car, the car wasn't even warm when they got there about an hour after the call was made. I consented to the blood test.

Steven Pacillio answered on Mar 8, 2019

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 be... Read more »

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1 Answer | Asked in Criminal Law for Pennsylvania on

Q: I my attorney deals with my estate matters, can I use the same attorney to represent a family matter in a criminal case?

Steven Pacillio answered on Feb 18, 2019

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,... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Can i legally own a firearm if i was convicted of a felony for forgery, but didnt serve jail time? in PA. only probation

This happened 12 years ago for writing my fathers checks to a grocery store for groceries, I was offered 1 year of probation, and turned my life around.

Steven Pacillio answered on Jan 21, 2019

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.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Can I get charged for anything for this?

Hello, I was in walmart with a few friends, im 16 and there was a kid running around, He was around 12 and I danced and said “ooga booga” he then said “f*ck you” and I then said it back laughing it off and just talked back and forth for about 10 seconds, I then walked away and so did he, we... Read more »

Steven Pacillio answered on Jan 17, 2019

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... Read more »

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