Questions Answered by Mr. Ryan L Hyde

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

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Nov 27, 2018
Mr. Ryan L Hyde's answer
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 duration of the criminal proceedings. I say usually because there are instances where I have been able to get a judge to set bail on the detainer. Some counties will do this, some counties won't. The...

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

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Answered on Oct 26, 2018
Mr. Ryan L Hyde's answer
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 that if you are on State Probation they can violate on a much lower standard that proof beyond a reasonable doubt. Internet help is not what you need. You need an experienced local attorney to go...

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

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Oct 26, 2018
Mr. Ryan L Hyde's answer
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 mandatory jail time. A first offense for the highest tier has a mandatory 1 year license suspension and 72 hours in jail. Based on what is presented jail is a very likely possibility. You should...

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

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Oct 20, 2018
Mr. Ryan L Hyde's answer
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 but it seems like maybe you refused chemical testing in the DUI, which leads to a 1 year suspension, even if you arent convicted.

When things are confusing the best thing to do is talk to an...

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

2 Answers | Asked in Criminal Law for Pennsylvania on
Answered on Oct 26, 2018
Mr. Ryan L Hyde's answer
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 defenses. The key to good representation is presenting those defenses at the right time and in the right place. When your future and freedom are at stake you would be surprised how affordable...

Q: If a minor hits and adult, Can the adult hit the minor as self defense?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Aug 28, 2018
Mr. Ryan L Hyde's answer
Self defense does not mean you can hit someone who hit you. Self defense is a justification defense that requires a detailed factual analysis of the totality of the circumstances. Even if you do use force in self defense that force must be proportionate to the risk faced. Retaliatory hitting is not self defense and you can be found guilty. An assault on a minor is a serious offense.

Q: I have a preliminary hearing as a plantiff to sexual abuse charges against someone. What happens after the prelim, will

2 Answers | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Answered on Aug 28, 2018
Mr. Ryan L Hyde's answer
Ms. Hilbush is correct, unless your case is dismissed by the district court it will proceed to trial. The important thing to remember is even if your case is dismissed the Commonwealth can refile the charges. The preliminary hearing does not determine guilt merely whether or not there is sufficient evidence to hold over the charges. You should absolutely have an attorney. It sounds like you are facing serious charges and the Preliminary Hearing is an important part of the process that lets...

Q: I am being charged for criminal case. My wife has dismissed the case but police department has reopened. Can I go to j

2 Answers | Asked in Criminal Law for Pennsylvania on
Answered on Aug 20, 2018
Mr. Ryan L Hyde's answer
I am writing to voice my agreement with Mr. Hall. You don't give enough information to really a formulate an answer to the question of can you get jail time. In short the answer is almost always yes, but most times it is unlikely. It is very important to understand that your wife, unless she is a judge or District Attorney, cannot just dismiss the charges. Once the case it is charged it is the Commonwealth vs. you not your wife vs. you. In cases like this legal representation is almost...

Q: What is dram shop liability and how can a bar be held responsible for the car accident of one of its drinking patrons?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Aug 10, 2018
Mr. Ryan L Hyde's answer
Respectfully, this is not an easy question to answer. Dram Shop litigation is an area best explained by specialists. Essentially it is an advanced form of negligence where case and statute has held that drinking establishments can be held accountable for overserving clients. Your best bet would be to contact one of the local Dram Shop experts in your area.

https://en.wikipedia.org/wiki/Dram_shop has a decent explanation.

Q: Will this retail theft charge hold up in court?

2 Answers | Asked in Criminal Law for Pennsylvania on
Answered on Jun 13, 2018
Mr. Ryan L Hyde's answer
It could. They could be charging you under conspiracy or accomplice liability which would make your actions chargeable depending on what they were. If they found that you were assisting the person then you could be culpable for their actions. I have seen guilty verdicts on this type of case. The defense of a matter such as this is highly fact sensitive. you should consult with a local attorney to work on your defense if you have been charged.

Q: If some one has a license to carry in the state they reside, however, got caught in NJ how much time can they receive?

2 Answers | Asked in Criminal Law for Pennsylvania on
Answered on Jun 4, 2018
Mr. Ryan L Hyde's answer
I wholeheartedly agree with Mr. Hall's advice I just write separately to point out that New Jersey has very stringent gun laws (reference the Eagles player who was arrested). It is important that this person meet with a New Jersey attorney to see if there are defenses/ programs available to him.

Q: Don't the police need probable cause to pull you over for a DUI?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Jun 1, 2018
Mr. Ryan L Hyde's answer
Either probable cause or reasonable suspicion of a violation of the vehicle code. The level depends in the alleged violation. If you have questions about the stop talk to a local attorney. There are literally hundreds of cases on this issue.

Q: Can I refuse to be fingerprinted in a summory case that I have not been found guilty of? I am in Pennsylvania.

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on May 30, 2018
Mr. Ryan L Hyde's answer
Theft by Unlawful taking is not a summary charge. You can refuse but the judge can revoke your bail. If its a summary case its pretty rare that they issue a finger print order.

Q: How can public drunkenness be removed from public records

2 Answers | Asked in Criminal Law for Pennsylvania on
Answered on Apr 30, 2018
Mr. Ryan L Hyde's answer
The answer depends on the status of the case. If you were convicted, after 5 years of crime free behavior you can have it expunged. If the charge is still pending you should talk to an attorney about negotiating it out. Often times the officer will reduce the charge or even remove it if you meet certain conditions. If the charge was reduced or dismissed you can apply for expungement.

Q: Can a failed polygraph be a violation of Probation?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Apr 1, 2018
Mr. Ryan L Hyde's answer
Yes it can be a violation. It is certainly challengeable if that is the sole reason for your violation. Therapeutic polygraphs are still unreliable. If you have concerns consult with your attorney.

Q: if you have been sentenced in pa to 20 years by guilty plea, is there still the possibility of taking it back to trial

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Mar 28, 2018
Mr. Ryan L Hyde's answer
Well at this stage his appellate rights have expired. He may have a cause of action under the post-conviction Relief act. But you don't cite to any reasons why he would. He probably should sit down with an attorney that works in the pcra area. They can see if there's any grounds for relief. At this stage of the game, however, there are few avenues that are likely to be

Q: I first got an underage when i was 17 and got penalized. I just now got a second underage drinking

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Mar 25, 2018
Mr. Ryan L Hyde's answer
Not really a question? If you are asking about the fines its up yo $1000. The license suspension is a year. Good course of action?? Plead not guilty and work something out with the officer. Best course of action? Plead not guilty and get an attorney to help you work it out. You need help. Not just legal help either. You have a drinking problem if you have been busted twice. Talk to your attorney and get an eval, may be able to lessen the severity of your actions.

Q: I was charged with dui. Impaired ability 1st offense. I did field sobriety, i don’t really know results. Cop said he

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Mar 19, 2018
Mr. Ryan L Hyde's answer
You can be charged with a crime whenever an officer believes there is probable cause that a crime was committed. This does not mean you will be convicted but it means the process has started. Saying there is no evidence is a grievous misunderstanding on your part. In a refusal case the officer's observations of you are sufficient for an arrest. Depending on the department, there may also be a video tape of your field sobriety tests. Again, this does not mean they are sufficient for a...

Q: I have a dwi ticket last weekend and this is my first dwi and have been arrested 2 times before four 1 was dismist

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Mar 11, 2018
Mr. Ryan L Hyde's answer
You fail to ask a question which we can answer. DUI/DWI law is highly technical and evolving. Talk to an attorney in the jurisdiction where you got the ticket and make sure your rights are protected.

Q: How should I go about this warrant? Can I get it lifted?

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Answered on Mar 11, 2018
Mr. Ryan L Hyde's answer
The only way to get a felony warrant lifted is to appear in front of the issuing authority. They will process you and set bail. Its always a good idea to have local counsel as they can usually arrange to do everything at once which speeds up the process. There is no burden on the Commonwealth to contact you and get your side of the story. They usually do because people invariably dig the hole deeper when they talk to the police. Any conversation you have with anyone about this case should...

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