Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Michael H. Fienman
2 Answers | Asked in Criminal Law for Pennsylvania on
Q: In DE County, at a preliminary hearing with the magistrate district court, can the charges/case be dismissed?
Michael H. Fienman
PREMIUM
Michael H. Fienman
answered on Sep 13, 2019

The Commonwealth has the burden of establishing a prima facie case at the preliminary hearing. If they do not meet their burden of proof, the case will be dismissed.

A lot of things can happen during a preliminary hearing - including the addition of new charges. If you are serious about...
View More

View More Answers

2 Answers | Asked in Animal / Dog Law and Personal Injury for Pennsylvania on
Q: While walking my 8 year old blue merle collie on a leash my dog was struck by a vehicle-street was clear when crossing

Car came out from side street when we were already crossing. Struck my dog, I got pulled down backward by the dog leash. I screamed for person to stop. She never looked up. My dog was able to get up an get across street. I ran after her. Person stopped briefly and left. I got make/model/color of... View More

Michael H. Fienman
PREMIUM
Michael H. Fienman
answered on Feb 6, 2019

Your case can be pursued both criminally and civilly.

With respect to criminal prosecution, it is not your decision whether charges are filed. The local police department that responded to your call and the district attorney for the county in which this incident occurred have complete...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.