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
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.
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
You are asking a very legally nuanced question without nearly sufficient facts to provide an answer. Whether or not a wiretap is admissible is not an easy issue and often requires litigation. The Commonwealth has to jump through a lot of hoops to get one so they generally don't make the decision...Read more »
She asked me not to get involved, I did this from my own volition and also threatened to beat him up if I ever see him. I don't care about what could happen to me. She needs reassurance that she will not receive any repercussion becasue of my actions.
First, be careful you are admitting a crime on the internet. Not usually the best policy decision. Could she get in trouble? Theoretically she could be charged with conspiracy to your actions. I say theoretically because a lot of things would have to fall in place for that to happen....Read more »
i was told i wouldn't loose it at sentencing now they want to take it it was written that i wouldn't on my sentence how can i get that and prove it . this was almost 2 yrs ago and there just trying to take it now.
Unfortunately what you were told by the court doesn't matter. The court doesn't decide suspensions PennDot does. It happens more often than people think that they are poorly advised. What did your attorney tell you when you were sentenced? Your first and best place to start is with the attorney...Read more »
You don't ask a question here but it can be inferred you are asking what are the potential outcomes. THe challenge of answering a question like that without a thorough intake is who knows. A lot would depend on your prior criminal history and what the actual charges are. More importantly county...Read more »
Can you fight it? Sure. PA has a pretty tough DUI law. However, they do have to prove that you were under the influence when you were driving. Their observations are unimportant as if they can say you were impaired when you driving through third party testimony they can still convict you....Read more »
There is nowhere near enough information to answer this question. I realize that is not what you want to hear but some questions require specifics to answer. There is no real legal limit to the detainer if it is lodged for pending charges. Usually the court will allow the detainer to span the...Read more »
Will a felon, who owns their own vehicle, which nobody else has access to, be convicted of felonies, if a firearm with tampered numbers is found, without fingerprints or dna on the weapon. Say the felon is on state felony probation already.
WIthout discovery the "will I be convicted" question is almost impossible to answer. Finding a firearm in a vehicle under the sole control of a convicted felon is certainly not good. But there are a whole host of issues that could be relevant to the disposition of the case. More troubling is...Read more »
There is not enough information to tell you what the penalty would look like because sentencing decisions are personal to the defendant. That being said there are some pretty serious things on this information. The most alarming is buried down deep is a third offense DUI. DUIs in general carry...Read more »
I plead guilty to the reckless driving and turn signal. He gave me 6 mos suspension on driving with the reckless driving. But when i went to the DMV to turn in my license I was told that my license will be suspended for 18 months for the DUI even if the Judge withdrew the charges but I still get a... Read more »
My ex was kicking me out so I packed all my things and left. I got a text later that day stating I stole his Xbox and cash. Now I have the police department contacting me. I have kids to worry about. I’m a single mom. I wouldn’t steal something from anyone. I have a lot to lose. I can’t... Read more »
There is a lot of distance between where you stand and jail. I agree with Mr. Hall that a public defender is the best route. The challenge is you may be eligible for diversion programs which would leave you without a record. Bucks County has a number of such programs. Importantly, you may have...Read more »
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