Questions Answered by Jonathon Luff

Q: I have a warrant to come in and be fingerprinted can they arrest me1

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Feb 5, 2019
Jonathon Luff's answer
What is your warrant for? If they have an arrest warrant then yes they can arrest you. If you are turning yourself in, you should contact a lawyer and have them accompany you. You should NOT speak to the police about whatever they are bringing you in for. It is of vital importance that you call an attorney before you turn yourself in.

Q: Lease in someone elses name and the cops came in house with a warrant for me without knocking and announcing, legal? PA

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Feb 4, 2019
Jonathon Luff's answer
This question has a lot of moving parts to it. If the house is not yours but the cops had a warrant for your arrest and they knew that you were in there, then there is a good argument that they would have needed a search warrant for the house to go and get you. However that will not do much for your arrest as I do not believe you have any real remedy for that. As far as what was found in the house, drugs, there is a good argument that you do not live there so the drugs are not yours. This is a...

Q: Can I use mental illness as a defense for simple assault and terroristic threats?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Feb 4, 2019
Jonathon Luff's answer
You could use your mental health as a defense to a crime. Many counties have mental health courts that specialize in cases like this. You should speak with an attorney who has experience dealing with mental health court in your county.

Q: Can a hospital call my po and give them drug test results even if my po didnt even ask for them

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Feb 4, 2019
Jonathon Luff's answer
I am not sure how the hospital would know that you are on probation or parole unless you told them. I'm not sure why the hospital would care enough to do that. Ultimately I dont believe that they would do this without your consent. I do not believe that they can do this without your consent either.

Q: where is the line in cyber stalking?

1 Answer | Asked in Criminal Law and Internet Law for Pennsylvania on
Answered on Feb 4, 2019
Jonathon Luff's answer
No this would likely not be considered stalking. The law has not caught up to where technology has gone yet. This would not be stalking in my opinion. You can block someone from contacting you on most sites. Stalking would require continuous behavior and not just one or two creepy messages.

Q: What will happen if someone violates probation for the first time by sleeping through a 9am checkin? (in PA)

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Feb 4, 2019
Jonathon Luff's answer
missing a probation check in is a violation and depending on how long you have been on probation and which judge and probation officer you have will go a long way as to what could happen to you. Also it will matter what you are on probation for. Many times a judge will tell someone that if they violate they will sentence them to jail. If this is not the case and you were just late to your check in then chances are a judge will be lenient. If you did not show up because you were late then I...

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