Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Ryan L Hyde
1 Answer | Asked in DUI / DWI for Pennsylvania on
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

That was in nj im from pa

Ryan L Hyde
Ryan L Hyde
answered on Mar 11, 2018

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.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: How should I go about this warrant? Can I get it lifted?

Last year I did this thing online that they said they will pay you for. I received the check in the mail. I went to cash it and the lady at the bank asked me how I got the check . I told her I got it in the mail. She said she needs to verify it. She took a copy of my ID and took my phone number. I... View More

Ryan L Hyde
Ryan L Hyde
answered on Mar 11, 2018

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... View More

1 Answer | Asked in Criminal Law, Communications Law and Juvenile Law for Pennsylvania on
Q: Phone Seizure Questions, Please Help

Edit

Ryan L Hyde
Ryan L Hyde
answered on Mar 11, 2018

You don't pose a question to be answered. Search and seizure law is pretty broad and fact specific. You can retry to post here but remember this an open forum and facts stated here can be used against you. Or you can consult local counsel and see if they can assist.

1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: my granddaughter just got a DUI, also charged with evading arrest (she lead police on a high speed chase) and resisting

arrest. she got a DUI last year also , court case pending, and 2dui's in calif. 9 yrs. ago. what kind of jail time is she looking at

Ryan L Hyde
Ryan L Hyde
answered on Mar 9, 2018

Hopefully she is taking this seriously, and is already in an inpatient facility for treatment. This is a third offense DUI with a potential mandatory 1 year of incarceration. The additional charges just make it absolutely worse. She needs to hire an attorney. She may have defenses but there may... View More

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Father and grandparent had 50/50 he does nothing for child should he be paying child support

He feels that he has 50/50 he no longer has to pay child support because the mother isn't in the picture,he had no involvement or concern about child

Ryan L Hyde
Ryan L Hyde
answered on Mar 5, 2018

He may be right, he may be wrong. No real way of telling from the facts that you give. Support is income dependent and if he has substantially higher earnings its possible that he would owe some child support. There is literally no way to definitively answer that question in a venue such as this.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: 17,charged Robbery. charged as a direct file juvee attorney waived my certification, a JURISDICTIONAL ISSUE, NON-waive

The issue is non-waivable and a jurisdictional issue which can be raised at any time. How do I go about finding relief???

Ryan L Hyde
Ryan L Hyde
answered on Feb 26, 2018

The answer to your question depends on the status of your case. If you have been convicted you would either need to appeal or file for post conviction relief. Direct files are pretty common in violent crimes so you may or may not have an issue in its failing to be litigated. Contaxt a local... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: terroristic threat- should he cooperate and go in for the police interview or can he decline??

my son 16, was having a conversation with his best friend about an incident in september where a lunch bag was popped under the lunch table and the bf got scared because it sounded like a gun, and they were laughing about it. Another student went and asked them why they were laughing and they told... View More

Ryan L Hyde
Ryan L Hyde
answered on Feb 23, 2018

He has the right to remain silent, he has the right to an attorney. Anything he says can and will be used against him. Get him an attorney ASAP. There are reasons to give statements but those statements should be controlled by an attorney. Police are very good at getting the content they need... View More

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Can a state get a warrant for a defendant without them violating a restrain order and the plaintiff not pressing charges

The defendant has yet to receive the restraining order. But had police at his home looking for him because of a warrant. For reasons that weren’t on the restraining order. At the hearing I plan on asking to get the restraining order lifted. Due to him getting help with his drinking . The main... View More

Ryan L Hyde
Ryan L Hyde
answered on Feb 23, 2018

Pressing charges is a myth. Its a construct of TV law enforcement. The only people that can bring charges are the police and prosecutors. If they have probble cause to arrest they can charge and get a warrant. Doesnt mean they can convict but probable cause is a pretty low standard for an... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: My son received a 2nd DUI. He has completed the ARD program 4 years ago in PA. So the first dui has been expunge.

Paper work has 1st offense. Officer has his hair as blue. It is not. Datamaster reading was .117%. What does this mean

Ryan L Hyde
Ryan L Hyde
answered on Feb 23, 2018

He is facing a second offense DUI. Completing ARD does ezpunge your record but not with PennDot. So the CW will know about the first offense. Mistakes on the complaint arent going to win yiu the case in and of themself. They can be useful as a part of a strategy to win the trial but in and of... View More

1 Answer | Asked in Child Custody and Divorce for Pennsylvania on
Q: I live in PA with child 2m. If my husband files divorce, does that start child custody process?

I am primary caregiver

Ryan L Hyde
Ryan L Hyde
answered on Feb 21, 2018

The custody process starts when one or the other party files a petition for custody. There is no automatic process. Many counties (and most attorneys) file the two petitions together. You should consult with a family attorney to make sure you are protecting yourself. Its much less expensive to... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Why is my husband on his second “call Of the trial” list . When should his case be closed ? He got trouble I’m july
Ryan L Hyde
Ryan L Hyde
answered on Feb 21, 2018

The answer to this really depends on the county and the judge. Several cou ties in which I operate have trial list "calls." It does not mean that your caae will go but the judge wants to status the cases regularly to keep things moving. It is important he understand what is going in... View More

1 Answer | Asked in Child Custody and Criminal Law for Pennsylvania on
Q: I have 50/50 custody of my child. Upon picking up my kid my ex bf assaulted my new bf. Can i takr him for full custody?
Ryan L Hyde
Ryan L Hyde
answered on Feb 19, 2018

I am not sure what you mean by "take him for full custody". Can you make application to modify the custody order based on those facts, sure. Would you be successful? That is a tougher question. As I am sure you are aware there are 16 factors a court must consider in a case like this.... View More

2 Answers | Asked in Appeals / Appellate Law and Child Custody for Pennsylvania on
Q: Can I appeal a decision by a custody consiliator in pa
Ryan L Hyde
Ryan L Hyde
answered on Feb 19, 2018

Yes, you can appeal it to a Common Pleas judge and have the case heard. Ms. Hilbush emphasizes a key point. There are time limits on these filings and they are often 30 days or less. If you don't have an attorney you may want to review your case with an experienced family attorney before... View More

View More Answers

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Questions on my son and his dui in Northampton countypa

My son got a dui a year ago he missed the court date because he was never given papers we thought it was in April he’s homeless and the picked him up

On a warrant today but he ran from the police And he was out on $5000 bail. it’s his first dui he has other charges that are added to the... View More

Ryan L Hyde
Ryan L Hyde
answered on Feb 16, 2018

Pro bono lawyers in criminal cases are called public defenders. They are gicen a bad rap but they are some of the most experienced trial attorneys in the criminal defense world. They know their stuff. The ones in Northampton county are very good. He needs to apply for one from the jail. If he... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: They can't find my co-defended who can help in my defense can they make me go to trial without her she was the one
Ryan L Hyde
Ryan L Hyde
answered on Feb 13, 2018

They can. Depends on what they have you charged with on how successful they will be at trial. They can always sever the two trials and try you separately. They usually prefer not to do this. You should be working with your attorney to make sure that you are protecting your rights and you are... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My ex roommate is being charged with 3921 theft by unlawful taking movable property, and 780-113 Into Possession of

The rest of my text is shes being charged with 780-113,Int Possession controlled substance by per not reg. Are these misdemeanors or just a fine? She stole 59 of my xanax out of my purse, let me know thanks

Ryan L Hyde
Ryan L Hyde
answered on Feb 12, 2018

There is not enough information to guesstimate what the sentencing will be in a case like this. The grading for both should be low level misdemeanors. In Pennsylvania misdemeanors generally result in some sort of supervision and can result in jail depending on other factors not presented in your... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: My son's dad recently filed for support from me. Custody schedule is by mutual agreement.

The custody order states shared physical and legal custody. Our son lives with his father and I have custody by mutual agreement. Typically it's pretty equal unless an emergency arises. Will I have to pay support? I am a stay at home mom and he makes $14/hr.

Ryan L Hyde
Ryan L Hyde
answered on Feb 12, 2018

Support is at its simplest level a two factor test that applies income/earning potential and shared custody into a computation that is decided by charts. Where litigation is sometimes indicated is where income is disputed. Based on your simple description of the facts (there are a lot more facts... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Child w/ first DUI. Breathalyzer over the limit. Trooper said she didn't have to take blood test, she declined.

Trooper said she didn't have to take the blood test because she feared needles after she declined and signed papers Trooper said to her she should have taken the blood test. She got scared that she did something wrong and asked the trooper if she could have the blood test. He told her no, she... View More

Ryan L Hyde
Ryan L Hyde
answered on Feb 6, 2018

Nothing is automatic but a refusal does carry a 1 year license suspension. The DUI may also carry a license suspension if she gets convicted, and that would be run consecutive. She should contact a local DUI attorney to discuss the potential appellate outcomes in her particular case. There are... View More

2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: Why would there be $20,000 monetary bail set for the following charges????

A close friend is currently in jail for DUI. It's his 3rd in 10 years. He's been there since the scheduled prelim hearing (waived) a month ago. Formal arraignment is in a few weeks.

What other factors could there be, that aren't mentioned on the docket sheet, that could... View More

Ryan L Hyde
Ryan L Hyde
answered on Feb 3, 2018

Its a third offense DUI, while he was still suspended. The judge may just believe that you are friend represents a danger to the community

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: my mom pressed harrassment charges on me can she go drop the charges?
Ryan L Hyde
Ryan L Hyde
answered on Feb 1, 2018

Pressing charges is a meaningless term, it confuses people because it makes people believe that as a witness you have any control over a case. Once an officer determines they are going to charge they charge. The complaining witness is just that, a witness. They will often times solicit the... View 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.