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answered on Mar 5, 2024
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 
She has not talked to me since the day I hired her nearly 1 year ago. My case is about to go to trial and I am unable to hire a replacement attorney until she is removed as my lawyer. My case is in Monroe County, Pennsylvania.
answered on Aug 19, 2023
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
Wouldnt that mean i never got new charges or a new arrest?
answered on Apr 5, 2022
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
answered on Nov 17, 2021
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
answered on Nov 17, 2021
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
the felony was in another state and it is over 15 years old. it happen in the 90s and release 2005
answered on May 1, 2020
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
answered on Apr 29, 2020
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.
answered on Apr 9, 2020
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
answered on Mar 30, 2020
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
answered on Jan 9, 2020
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.
answered on Oct 4, 2019
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
Over the past 12 years I have been taking money from a seasonal employer. The total is about 33000 dollars. It was not malicious and I did intend to pay it back somehow and some way. The business is a cash business and is seasonal. How far back can they legally go and still charge me if they choose... View More
answered on Oct 3, 2019
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
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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,... View More
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.
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.
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... View More
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... View More
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