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 »
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...Read more »
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...Read more »
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...Read more »
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...Read more »
My friend was caught stealing at a store. He was caught removing clothing he had stolen in the bathroom, because he had saw the cops arrive. I waited for him and tried something on that I had planned to buy.I was then Apprehended on my way to purchase the pants I tried on. I had absolutely no... Read more »
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....Read more »
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