Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Mr. Ryan L Hyde
1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My son was in a bad place and shopped lifted to support his kids, was it right no?

But he got caught pleaded guilty I was given a court date but then covid-19 happened. In the meantime they must have ran his picture through other videos and found him three more times in another Walmart. Warrants were served to my mother's house which she never received what's somebody... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 14, 2020

Regrettfully, there is no way to answer your question of whether or not he is going to jail. The reason most people recommend talking to a lawyer is because there are several factors that go into setting bail. The severity and number of charges is one. Prior history is another. Family support... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and DUI / DWI for Pennsylvania on
Q: Did the police legally search my car?

I was pulled over tonight and the officer said he wanted to administer a sobriety test based on the fact that my pupils appeared to be dilated. I informed him I was taking prescription medication yet he gave me the test anyway, told me I didn’t “really” pass and said that was probable cause... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 13, 2020

Here is the thing, prescription drugs can make you illegale to drive if you ate under the influence. Whether or not he had probable cause to believe you have controlled substances is certainly arguable. If you appeared impaired and admitted to taking medications one could certainly argue he had... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Daughter was passenger in a car, they were stopped at a DUI checkpoint, there was open container in car,when asked by

officer she said it was hers, they only thing her and driver had to do was provide license, the officer took container and dumped it, and they were allowed to leave... She just got citation in mail, never recieved anything onsite.. can she fight it

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 13, 2020

Based on your description of the facts? Maybe. The fact that the officer did not issue the citation at the scene of the crime is not a defense. It is within their discretion to issue the citation up to 30 days after the date of the incident. If they didnt issue it within 30 days there is a... Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: I need help with my boyfriend case

My little brother was there during it all he told the cops his side and my boyfriend got arrested because my brother told his if he touch me he would stab him so my boyfriend told him he would shot him they locked his guns up and left them i wasn't strangled i didn't need medical help his... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 13, 2020

These types of case do not lend themselves well to internet self help. Your best bet is to get him an attorney if he doesn't already have one. Depending on the county the Commonwealth is very aggressive with this particular charge and it sounds like he has a few defenses. Don't gather... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: how can I file charges on a family member for attempted murder as well as all the people who where involved.

My father in law was amitted to the hospitial for pressure ulcers on the tailbone as well as malnutreion. The pressure ulcers deterated the skin all the way down to his tailbone and poisoned his blood. My father in law is a diabetic as well as a dialysis patent with an amputated left leg. When he... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jun 26, 2020

Attempted murder has very specific facts needed. However, there are very serious charges for elder abuse and neglect of an individual needing care. You should call the police department and have a detective do an investigation. In many of these cases the physical abuse is just the tip of the... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I was charged with possession of suboxone following a car accident. I didn't have my coat so the driver allowed me to .

Wear his. I was searched due to a warrant for fines and cost. I was charged with possession even though he said they were his and I didn't know they were in there. If I take a written or video statement from him to district court can I have the case thrown out

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jun 13, 2020

Doubtful. A written statement from him is hearsay and now allowed. There are ways of arguing around the rule but depending on who your district judge is they may not allow it. Also, the burden of proof at the district court is lower, prima facie is more like probable cause than proof beyond a... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How do I get something expunged from my record
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jun 4, 2020

Depends on what it is. If it is eligible you file a petition with the court. Most convictions are not eligible for expungement, but some are eligible for sealing. Talk to a local attorney, they can walk you through it.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Dismiss criminal case After Conviction?

in Pennsylvania, can the defendant ask PA Superior Court to dismiss criminal case, even if the criminal case has gone to trial and even if the defendant is convicted in county court? if so, what grounds to dismiss case in appellate brief?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 31, 2020

There are a number of legal grounds for which you can ask the Superior Court to overturn your conviction. It's too hard to explain in this limited of a forum so its important that you contact Appellate counsel immediately. Superior Court appeals have very strict timing requirements (30... Read more »

2 Answers | Asked in Criminal Law and White Collar Crime for Pennsylvania on
Q: Is signature forgery always a crime no matter the circumstances surrounding it?

If a signature on a document is forged where there will be no financial gain, is that less serious than forging, say, a check? If a signature is forged on a birthday card, for example, without the person’s knowledge or permission, would this be punishable in court? It is, I would say, a little... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 11, 2020

Signing a persons name on something in and of itself is not forgery. As Mr. Dutko stated there is an additional element. You have to intend to defraud the other person. Now, you could read a lot of books about what defraud means (and prosecutors read these books too), but if there is no intent... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Is a victim and a person of domestic violence aloud contact even if there's no court order or PFA stating you can't?

I have criminal charges against me for domestic violence and wondered if my gf the victim are aloud contact. There is no court order or PFA stating we can't have contact.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 9, 2020

Chances are if your bail was set there was a no contact provision put in place. If it wasnt then you can be in contact with her. Be cautious though. If another incident were to happen it could lead to much more serious charges.

View More Answers

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I am 15 years old. I’ve never been to court but I have to go very soon for fighting. I used self defense. What do I do ?

This girl wanted to fight me because I was dating her ex boyfriend that she had cheated on. She came to me and told me she wanted to fight. I told her it was stupid and that I didn’t want to. I followed her into the bathroom with the intention to talk. She hit me first and I hit her back using... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 7, 2020

Say what your attorney tells you to say. Self defense isnt as simple as she hit me first, therefore, I get to hit her. Its a justification defense that is easily rebuttable by a DA using some of the facts you have declared on the internet. Your best bet is not to speak to anyone but an... Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: How do I beat a case when the officer was in the wrong

I got arrested because I was supposedly being belligerent but they did no say I was being charge with anything until they decided to be aggressive with me while I was being held down by seven officers while intoxicated and having a panic attack. They tased me 2x, I bit and officer in the process... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 7, 2020

The thing that I struggle with on questions like this is there are a lot of missing facts. Please dont share them here, but those facts are important to determining whether or not you have an actual defense or a potential wrongful use of force case. I am assuming you are charged with aggravated... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can you be charged with attempted homicide for hit and run? No injured party?
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Apr 22, 2020

In Pennsylvania you can be charged for Attempted Homicide if you intended to cause death or serious bodily injury and took a substantial step towards doing so. They are notoriously hard cases to prove. The hit and run aspect of it makes me wonder about the particular aspects of your case and what... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hi, I was wondering if you could tell me if this trespassing citation is a felony or misdemeanor.

Under charges it says 18 s 3503 as B1ii and next to that it says Def Tres Posted. There is no plea for this charge yet and i don't know what to do.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Apr 10, 2020

Defiant trespass is a misdemeanor of the 3rd degree. Talk to an attorney. Lots of ways to work it out so it comes off your record.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Someone owes you money. They give you their debit card. They end up dying. You withdraw the money. Is it theft

The child of the deceased wants to accuse you of theft

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Apr 5, 2020

So, you used a dead persons debit card to take out money. Unless you have written loan papers or a written authorization I'd be pretty worried. Talk to a local experienced defense attorney. There may be defenses to this type of case, and do not talk to the police before you have talked to... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Can they take your driver's license for over 2 years for underage drinking? Section 6308.

I was underage and intoxicated, I was also just walking home. I dont see how they can take it for that long.

TERM SUSPENSION/REVOCATION

-You have a 2 YEAR(S) suspension/revocation that began(or will

begin) on 05/20/18 and will end on 05/20/20. The suspension/revocation... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 26, 2020

Because under the old rules the statute allowed them to do that. If it was not a second offense underaged talk to an experienced PennDOT attorney about appealing it.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Can they suspend your driver's license for underage drinking for 2 years, I was not in a vehicle or even close to one

I was walking home intoxicated. I wasnt even driving and they took my liscence for over 2 years.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 26, 2020

Under the old rules they could for a second offense. They changed the statute a while back.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I was harrassment a person by telephone for 4 years my friend that works with him gave me guy number I just kept harra.

Got questions on harrassment by phone on Pennsylvania what are degree of charge I heard some are sumor offense and other is misdemeanor 3 what are degree of harassment in Pennsylvania

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 26, 2020

Can be both or neither. There are m3 harassmemts, there are summary harassments, and there are m1 stalkings. Could be any ir all of these charges. Report it to the police and let them sort it out.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Hello I got into a situation with my boyfriend we had a petty argument when led to a petty petty fight so now I had to

Me and my boyfriend got into a petty fight over a game and was upset he los the game and now we had a argument things got heated and loud so i threw his other games on the floor and he got upset pushed /shoved me and then I push bed him back and he threw one of the cases at my face which left knot... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 23, 2020

I am not sure what advice you need. He needs a lawyer. You are not responsible, the officer charged based on the evidence he has. You cant stop thos even if you want to. Be forthright about how you want the case handled. The Distrixt Attorney doesnt have to listen to you but a lot of times... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hello, I am interested in finding out more information about the ramifications on those charged w/ Terrorist threats.

Is it possible to purchase a firearm and acquire a CCL? It has been ten years since I was charged with this type of crime and I am actively looking to expunge it so I can take up my hobby of shooting and being able to protect my family again.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 23, 2020

The challenge is that you are likely prohibited by federal law from possessing a firearm. This is for two reasons, the fact that your punishment could have been for more than 1 year and secondly because it was for a crime of violence. The feds define crime of violence as "an offense that has... Read more »

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.