Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Mr. Ryan L Hyde

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.

View More Answers

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.

View More Answers

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 »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: when a phone number is not in ones name/own account but in someone else's by law can police obtain a line tap

Warrant for tap was not in name of account holder

Mr. Ryan L Hyde answered on Apr 8, 2019

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 »

1 Answer | Asked in Domestic Violence for Pennsylvania on

Q: Can a victim get in trouble if I threaten someone who is not honoring a pfa?

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.

Mr. Ryan L Hyde answered on Apr 8, 2019

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 »

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: i pleaded guilty to first time DUI but was told i wouldn't loose my license at sentencing now pen dot is trying to take

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.

Mr. Ryan L Hyde answered on Mar 8, 2019

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 »

2 Answers | Asked in Criminal Law for Pennsylvania on

Q: Carrying a firearm without a liscense

I bought a gun then went to visit my friend at his college for a couple days and never had a chance to put my gun in my house then I got pulled over and they saw my gun and now I’m getting charged

Mr. Ryan L Hyde answered on Mar 8, 2019

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 »

View More Answers

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

Q: can I fight a pending DUI that the police didn't observe me driving and don't know when I ingested the drugs?

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.

Mr. Ryan L Hyde answered on Mar 8, 2019

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 »

View More Answers

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: How long can your probation officer keep a detaner on someone

Mr. Ryan L Hyde answered on Nov 27, 2018

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 »

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on

Q: a felon with a stolen tampered with firearm found in their car, without fingerprints, will they be convicted?

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.

Mr. Ryan L Hyde answered on Oct 26, 2018

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 »

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: What would the pentalty be looking like? Pennsylvania.

Information Filed 09/05/2017 Not Final

1 / Int Poss Contr Subst By Per Not Reg Proceed to Court M 35 § 780-113 §§ A16

2 / DUI: Controlled Substance - Combination

Alcohol/Drugs - 1st Offense

Proceed to Court M1 75 § 3802 §§ D3*

3 / Depositing Waste... Read more »

Mr. Ryan L Hyde answered on Oct 26, 2018

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 »

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: I was charge with DUI and reckless driving, turn signal light out. When to court the Judge withdrew the DUI charges

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 »

Mr. Ryan L Hyde answered on Oct 20, 2018

Double jeopardy is the concept that you cant be tried twice for the same charge. This means that when you win a trial the CW cant retry you for the same thing. As always, there are exceptions.

Your situation does not appear in anyway to be jeopardy related. Your aituation is confuaing...
Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on

Q: Will I go to jail for a first time misdemeanor theft? And could I win a case representing myself?

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 »

Mr. Ryan L Hyde answered on Oct 26, 2018

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 »

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.