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
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... View More
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.
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.... View More
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... View 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.
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... View More
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... View More
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... View 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... View More
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... View 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... View More
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... View More
answered on Aug 28, 2018
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... View More
answered on Aug 28, 2018
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... View More
answered on Aug 20, 2018
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... View More
answered on Aug 10, 2018
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... View 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... View More
answered on Jun 13, 2018
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.... View More
The civilian hindered the weapon from police but the fire arm was not being used in malice or involved in any actual crime.
answered on Jun 4, 2018
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.
answered on Jun 1, 2018
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.
Theft, trespassing, unlawful taking off movable property.
answered on May 30, 2018
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.
answered on Apr 30, 2018
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... View More
I'm currently on Probation for the crime of open lewdness which is a misdemeanor of the third degree in PA. I'm supposed to get off Probation in July. Part of the plea deal that I accepted was to go to group therapy once a week and be subject to polygraph testing. I have a sexual history... View More
answered on Apr 1, 2018
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.
a friend was convicted of robbery x 4, and took a guilty plea this past september. he was sentenced to 20 years in a state correctional institute. does he have any rights left at all and if so what is the probability of that even coming to fruition
answered on Mar 28, 2018
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... View More
answered on Mar 25, 2018
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.... View More
Felt I was on pot. I was not. I refused blood but have no refusal charges. How can I get a dui with no evedence or refusal?
answered on Mar 19, 2018
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... View More
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