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Questions Answered by Zak Taylor Goldstein
1 Answer | Asked in Criminal Law and Traffic Tickets for Pennsylvania on
Q: Hit and run in PA , driver flees. Police notified and assess. Driver comes back. Is this hit and run?

It was 4 way, she claims I didn't stop. I didn't see her stop. Now police claiming they can cite me for not stopping despite no witnesses to the accident. Is that true?

Zak Taylor Goldstein
Zak Taylor Goldstein answered on Mar 5, 2018

Police may not have much of a case without any witnesses to the accident. If you return to the scene promptly, hit and run charges are unlikely. If you are facing charges, however, you should speak with an attorney.

1 Answer | Asked in Criminal Law, Civil Litigation and Identity Theft for Pennsylvania on
Q: If my husband Put 24000.00 on MY name only card and now is 2 months behind on payments what are my options Thank you

When I was in the hospital my husband put $24,000.00 on MY name only credit card and signed the balance transfers checks with my name which is fraud and now has quit making the payments for 2 months and they are calling me and I understand and now I somehow want to make him accountable for this... Read more »

Zak Taylor Goldstein
Zak Taylor Goldstein answered on Mar 5, 2018

You could report him to the police or sue him. That is enough money that you may want to consult with a family lawyer. The police probably will not be interested because it is your husband.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Why hasn't bail been set?

My son was arrested because he failed to appear for a "hearing" where he was to provide a statement on a matter that he witnessed I was told that this is a non criminal matter. He has been incarcerated for over a week.

Zak Taylor Goldstein
Zak Taylor Goldstein answered on Feb 17, 2018

If he was arrested on a material witness warrant, the judge must have a hearing on the warrant within an 72 hours. Depending on the circumstances, the judge could either set bail or hold him without bail.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I completed ARD in Pennsylvania and was told I could get it expunged once completed. I’d like to do it myself.

I’ve got all the time in the world to do this.

Zak Taylor Goldstein
Zak Taylor Goldstein answered on Feb 17, 2018

Your best bet is to go to an expungement clinic. Many of them are free. It is fairly difficult to do it yourself. If you want to do it, however, most counties offer a guide to expungements on the clerk's website. There are a number of forms you have to file in order to get the expungement.

1 Answer | Asked in Sexual Harassment and Criminal Law for Pennsylvania on
Q: If someone pleads guilty but retracts it and says he is innocent does that effect the outcome of finding him innocent?

My uncle is in jail for raping a 10 year-old girl but there was evidence that proves he can not get an erection wothout medicine whivh he was not taking but he pleaded guilty but retracted it.

Zak Taylor Goldstein
Zak Taylor Goldstein answered on Feb 8, 2018

How did he retract it? If you plead guilty, you can file a motion to withdraw the guilty plea prior to sentencing. If you do not file it prior to sentencing, you can file a motion to withdraw the guilty plea for ten days after the sentencing hearing. If you do not do that, you would have a... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Domestic Violence and Federal Crimes for Pennsylvania on
Q: If somebody commits suicide and the person they where telling says "do it, kill yourself I could care less!"

Could the party receiving this information get into any trouble for not contacting proper authorities if the person is successful with the suicide

Zak Taylor Goldstein
Zak Taylor Goldstein answered on Feb 8, 2018

Charges are sometimes brought in these types of cases. There was a heavily publicized case in Massachusetts recently where a young woman encouraged her friend to kill himself and he did. She was convicted of charges for this.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If drug paraphernalia(syring)was found in your vehicle and the officer takes a picture and disposes of the syring,

Can that picture be used in trial or do they have to provide the paraphernalia I.e syring because it physical evidence. Can you please respond to this question and any case laws you may have on this topic. Thank you.

Zak Taylor Goldstein
Zak Taylor Goldstein answered on Feb 8, 2018

It may bge possible to challenge the admissiblity of evidence that the police intentionally destroyed. Your lawyer may be able to file a motion in limine to have the paraphernalia excluded because the police destroyed it. Alternatively, the photos may be inadmissible. The police are certainly not... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: how can a criminal case be adjudicated without notifying the accused of the court date.

this is my 24 yr old son who is accused of several charges from filing case 12/11/15. He attended every hearing and they all were continued until in Dec 2017. the judge gave a last continuance. Since January 2nd 2018 we have been trying to find out when the court date will be. The PD who was on the... Read more »

Zak Taylor Goldstein
Zak Taylor Goldstein answered on Jan 31, 2018

A case cannot be resolved without notice to the accused. If the defendant received notice and willfully failed to appear, the court could proceed in absentia without the defendant present.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If I signed a plea for up to a year probation, does that mean they can only give me probation or could they lock me up?
Zak Taylor Goldstein
Zak Taylor Goldstein answered on Jan 31, 2018

If you violate your probation, you can be sentenced to a jail sentence of up to the maximum for the offense. This means that if you got one year of probation on an F1, you could receive a 20 year jail sentence if you violate the probation. The amount of probation does not limit the length of the... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: So its okay for a 20 year old to date a 16 year old just have to have the parents permission and no having sex right
Zak Taylor Goldstein
Zak Taylor Goldstein answered on Jan 31, 2018

You do not need the parents permission. Sex is probably not a crime as long as there is no institutional relationship (teacher/student, coach/athlete, etc.). It could thereotically be corruption of minors, but that is rare. 16 is the age of the consent in PA.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can a lawyer disclose criminal discovery to a third party without the defendant's knowledge?
Zak Taylor Goldstein
Zak Taylor Goldstein answered on Jan 31, 2018

A lawyer should not provide criminal discovery to anyone other than their client.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: does the pa. state police have to read you your right if they are charging you with theft an fingerprinting you.
Zak Taylor Goldstein
Zak Taylor Goldstein answered on Jan 31, 2018

No. They only have to read you Miranda warnings if they are going to question you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: my Son caught sexting

My son (20) was on Snapchat and talking to strangers. He met a girl saying she is 18. He sent pictures of his abs. And she wanted him to send pictures of his genitals. Which he did. She wanted him to send a video of him masturbating and he did. He told me about this and I am freaking out. What if... Read more »

Zak Taylor Goldstein
Zak Taylor Goldstein answered on Jan 31, 2018

If she is 18, then there is not a problem. But as a general rule, it is not a great idea to send naked pictures of yourself to strangers on the internet.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If teenagers get charged at a party for underage drinking, does everyone need to get the same charges?

If teenagers get caught underage drinking, do they need to get the same charges filed or does it depend on their blood alcohol level.

Zak Taylor Goldstein
Zak Taylor Goldstein answered on Dec 13, 2017

No, prosecutors and police can use their discretion to charge people with different crimes even if they were engaged in the same behavior.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: If house was raided without existing warrant (illeg srch seize)does money seized legally get returned (no charges filed)

York County Pennsylvania drug task force Force entrance into home, Seized $9,000 of life savings for finding less than a quarter pound of marijuana only to then request copy of search warrant affidavit as well as the property / inventory voucher of all assets and items seized that they refuse to... Read more »

Zak Taylor Goldstein
Zak Taylor Goldstein answered on Dec 13, 2017

Not necessarily. In order to get the money back, you would have to file a petition for return of property. You would want to retain a lawyer for that. You then may have to show that the money came from a legitimate source and did not have anything to do with drug trafficking. If you do not file the... Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: If a person has a misdemeanor 2 for indecent assault can they purchase a hand gun?
Zak Taylor Goldstein
Zak Taylor Goldstein answered on Dec 13, 2017

No, it is a crime under Pennsylvania and United States law for anyone with a conviction that could be punished by more than a year in jail to possess a firearm. An M2 can be punished by up to two years, so regardless of what sentence you actually got, you are not eligible to possess a firearm.

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If a person lies to authorities in a written form and gets someone arrest n this is their second offense wat r the charg

My neighbor lied and got my hubby arrested she has done this before and we r pressing charges

Zak Taylor Goldstein
Zak Taylor Goldstein answered on Nov 29, 2017

Unsworn falsification to authorities.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How do I go about finding out my gravity score?
Zak Taylor Goldstein
Zak Taylor Goldstein answered on Nov 29, 2017

Google PA Sentencing Guidelines. You will find the PA Code for the sentencing guidelines and a link for "Offense Listing." You can then look up the offense gravity score for what you're charged with.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can you appeal again after an appeal for judgement of sentence has been denied all the way through the Supreme Court?

Criminal case in Common Pleas court appealed judgement of sentence all the way to Supreme Court and was denied. On 11/6 defendant ordered to report to prison on 11/25. Defendant filed a motion to modify sentence on 11/21. Defendant did not report to prison as ordered. Should defendant still have... Read more »

Zak Taylor Goldstein
Zak Taylor Goldstein answered on Nov 29, 2017

You can appeal the conviction all the way to the United States Supreme Court. In some cases, a judge may allow the defendant to remain free on bail while appealing the case. If the direct appeal is unsuccessful, the defendant can challenge the conviction by filing a Post-Conviction Relief Act... Read more »

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