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Questions Answered by Mr. Ryan L Hyde

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: So I received a DUI first time ever in May of 2017. I completed everything except my driving class I had scheduled but

Scheduled but scheduled for after my probation end date. Went to trial was placed on another 12 months probation. I think is ridiculous completed my classes. Still on probation 2 months left. Never have been drug the entire time. I was assaulted 2 week's by my boyfriend had to go to ER for... Read more »

Mr. Ryan L Hyde answered on Sep 9, 2019

Hard for anyone to answer the fairness question. Who knows, maybe? To the rest of it if you left them a bunch of messages you should be fine. You may want to consult with a local attorney. It is unusual they would supervise you in a different county for exactly this reason. Talk with an... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: I got my second and 3rd dui 10 days apart in April 2009. The judge said he has running them together as 1.

What is my charge then. Will they both be off my record now! finnbug01@icloud.com

Mr. Ryan L Hyde answered on Sep 4, 2019

You probably should talk to your attorney about this. He could mean a lot of things. He could mean he is running the sentences concurrently. He could mean he is running them both as second offense DUIs. He could mean a lot of things. Chances are they will both be on your record, and chances... Read more »

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

Q: My live in relative was charged with Marijuana possession.. First offense. He did have a DUI over a decade ago.

Worried he will be sentenced to jail time. I have medical issues and he is my caretaker. He does have legal representation. Court date in September though I don't know the exact date.

Mr. Ryan L Hyde answered on Sep 3, 2019

Jail time is always a possibility, but as Mr. Hall ably states, it is highly unlikely in such a case like this. The key thing is that he has counsel. You should direct, or have him, direct these questions to them. They will have unique knowledge of the CWs case and possible outcomes given the... Read more »

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

Q: What is the minimum outcome for simple assault charges in pa? Not against a child and not in a mutual setting.

Mr. Ryan L Hyde answered on Aug 26, 2019

The minimum outcome would be acquittal, or perhaps having your charges dismissed. There are a lot of options with your charge that depend on the severity of the facts and the prior record. In some counties probation would be likely if it was a first offense and the injuries werent serious. They... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Under what circumstances do bussiness an owners not have the right to call police for trespass

Mr. Ryan L Hyde answered on Aug 16, 2019

Probably going to need some context to answer that one. If someone is trespassing you can call the police. If your a retail shop and ipen for business you have to tell them to leave first, but if you dont feel safe you can call the police. Without context its hard to answer that question.

2 Answers | Asked in Criminal Law for Pennsylvania on

Q: If I've maxed out my prison sentence do I still owe court costs and fines?

Question above is self explanatory

Mr. Ryan L Hyde answered on Aug 16, 2019

If you max out your time and dont have any supervision left, your case will likely go into collections. The Clerk enters a civil judgment against you (in most counties) for costs and fees when you are sentenced. There are various mechanisms they can use to collect even after your supervision has... Read more »

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2 Answers | Asked in Criminal Law for Pennsylvania on

Q: Pa juvie aggravated assault charges against a police officer when video evidence shows that he ran past them

Mr. Ryan L Hyde answered on Aug 13, 2019

I agree with Mr. Hall. You fail to ask a question. If you are asking if the evidence is sufficient we wouldn't know because we do not have access to discovery. If the video shows nothing happening it sounds like it would be a good case to either try or try to get the CW to come off of. The CW... Read more »

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1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: I was convicted of dui in feb of this year at first they said this would be my second but later said 3rd 1 in Va

Does dui in Va count in Pa ? I was offered 10 days in jail and twenty house arrest but could not accept because of medical conditions later they said wait it’s three we found one in Va and gave me 6 months house arrest seems fishy to me

Mr. Ryan L Hyde answered on Jul 27, 2019

Yes a VA DUI would count if it was within the 10 year window. A lot of times they dont pull out of state drivers abstracts unless they prep the case for trial. You should talk to your attorney if you have questions about what happened.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Pennsylvania on

Q: In regards to the previous question of minimum requirements of due process, at a local level

More specifically, a municipality. To be quite forward, under notice fairly given.

Any attempt to extract fees, or prosecute for said fees, under a non dangerous, non moving violation such as a parking ticket. The ticket would be considered a first step in legal procedure correct? And must... Read more »

Mr. Ryan L Hyde answered on Jul 26, 2019

I think I get the gist of your question this time. The ticket is not evidence against you it is simply notice that you have committed a violation. On that ticket is information about what you need to do to challenge that violation. The ticket does not assign a value for a penalty it merely puts... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on

Q: Are there minimum requirements of due process? If so, what are the minimum requirements for due process to be satisfied?

Mr. Ryan L Hyde answered on Jul 26, 2019

Yes, there are minimum requirements of Due Process. What that means is almost entirely impossible to explain in this format. There are hundreds of articles written on this on the internet. If you have a specific context it would be much easier to address and give you a more productive answer.... Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on

Q: I have a question about commonwealth vs. Caine. My mothers plea was pulled was pulled sentencing day with this in there

A guilty plea was taken and the day she was supposed to be sentenced. It was canceled. She received a letter from the judge saying a not guilty verdict will be made . And it's in regards to commonwealth vs.caine. I'm looking for help

Mr. Ryan L Hyde answered on Jul 15, 2019

She needs to ask her attorney these questions. Caine dealt with a sufficiency of evidence claim relating to what charges a defendant must be found guilty of. With just your question there is no way to educatedly provide an answer. Her attorney should have a more detailed answer.

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2 Answers | Asked in Criminal Law for Pennsylvania on

Q: We've been getting 100s of texts in one day, texts saying untrue things about me. What can we do?

We're getting messages from someone we know saying she knows we're home, she sees me outside. She has said I abuse kids, says I'll never see the light of day. We tried to get a pfa but they said I can't because I don't have a relationship with her. We went to the magistrate and got a no contact... Read more »

Mr. Ryan L Hyde answered on Jul 11, 2019

I agree with Mr. Hall your first call should be to the local police. If they cant help a private criminal complaint should be filed.

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1 Answer | Asked in Criminal Law and Municipal Law for Pennsylvania on

Q: 2707.1. Discharge of a firearm into an occupied structure? Do I need a lawyer and what am I looking at?

I fired two shots inside my house 9mm.

Mr. Ryan L Hyde answered on Jul 3, 2019

You are charged with a felony of the third degree. Which means you could get up to 7 years in jail. There are defenses, and importantly the Commonwealth has to prove the case against you. Attorneys will be familiar with the charge against you, and all the players and potential outcomes.... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: If you had a misdemeanor on your background for obscounding witness, and get a criminal charge for assault/strangulation

And have no other assults on your record, will the courts hear the victim out? Will they go easier on defendant?

Mr. Ryan L Hyde answered on Jun 17, 2019

The courts are bound to hear the victim. They are actually required to do so if the victim wishes to speak. "No other assaults" implies that there are other convictions. Guidelines use prior record score and offense gravity score to fashion a sentence. Strangulation has a very high OGS. "Take... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Can the statement i gave to the police and the evidence found be inadmissable in court if nothing was filed right after

A situation took place? It was an hour after it took place.

Mr. Ryan L Hyde answered on Jun 17, 2019

I am not sure what you mean by nothing was filed right after. If you made a statement adverse to your interests while being investigated by the police you need an attorney. Once they have a confession they don't need to rush to charge. There may be reasons the statement can be suppressed but... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: I was arrested by officers who were involved in robbing drug dealers. Some cases were dismissed, am I eligible?

Mr. Ryan L Hyde answered on May 13, 2019

Depends on what your charges were for and whether the CW can prove your case without their testimony. The CE cant use them as witnesses but id there is other evidence you wont necessarily get a walk. You should be having these conversations with your attorney. They would be in the best posiyipn... Read more »

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

Q: I was charged with SADV because my child's mother lied to the police. Now that I've been convicted she openly states she

Lied to get me charged and now regrets it because of how much it's put my son and myself through just because she was mad at the time. Is there anything that can be done?

Mr. Ryan L Hyde answered on May 13, 2019

When you say convicted, do you mean you were found guilty or you pleaded guilty? It only matter because you may have PCRA remedies availavle to you. Post conviction relief act is dificult to file under, you would need to consult with a local appellate attorney.

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: This is my first dui in PA cop said he has yet to se anyone go to jail over frist offense should i beleve him?

Did he have to have a warrent or read me my rights? I dident go to jail just hospital and police station. That a good sign?

Mr. Ryan L Hyde answered on Apr 8, 2019

If he has truly never seen someone go to jail on a first offense DUI he is either very young or very inexperienced. I should suspect he was not being totally truthful with you. Most DUI's have mandatory jail associated with them. If this is your first run in with the law you should be eligible... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: 66 year old father in law was charged with aggravated assault while a patient in the psych hospital. What can I do?

My 66 year old father in law, who I have known for almost 5 years, overdosed on Morphine in a suicide attempt which led to his admission to the psych unit of a hospital. I spoke to him on the telephone the day of the assault charges as well as the following day and it was clear to me as an... Read more »

Mr. Ryan L Hyde answered on Apr 8, 2019

It is absolutely imperative that he have an attorney representing him. These are very serious charges and as you point out he has a defense. Mental Health defenses are not easy to assert and potentially require expert witnesses to assert properly. Your wish to assist is noble, especially in a... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: i have harassment 18 2709 a4 lead 2nd one any jail time and first time for comm,lewd threatening,etc, language

Mr. Ryan L Hyde answered on Apr 8, 2019

Are you eligible for jail time? Sure. Depending on whether this is charged as an M3 or Summary you could get anywhere from 90 days to a year. Is that the likely outcome? No. First offenses of this nature generally get probation or fines. There is no way to give you a definitive answer with... Read more »

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