Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Jonathon Luff

3 Answers | Asked in Criminal Law and Family Law for Pennsylvania on

Q: Can a Plaintiff be in violation for contacting the Defendant with a PFA?

Jonathon Luff answered on Mar 13, 2019

While it is not a violation it does weaken your case to have one in the first place and if the defendant does violate it gives them a defense.

View More Answers

4 Answers | Asked in Criminal Law and DUI / DWI for Pennsylvania on

Q: can I fight a pending DUI that the police didn't observe me driving and don't know when I ingested the drugs?

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.

Jonathon Luff answered on Mar 8, 2019

Yes you can fight this. But you need an experienced attorney who has done this before. You should contact a lawyer right away

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on

Q: What are the chances of getting a charge of Int poss contr substance by per not reg dismissed or reduced?

Being held in prison for traffic tickets and the possession charge. Has a detainer from Berks county for probation violation.

Jonathon Luff answered on Mar 5, 2019

it depends but you need to contact a lawyer right away. If you have a detainer you need to hire an experienced lawyer to help you through this.

View More Answers

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: My husband was arrested for sitting in a car that was not his. what would the charges be?

He did not have a key in the ignition or hot wired it.

Jonathon Luff answered on Mar 3, 2019

Sounds like he could be charged with unauthorized use of a motor vehicle. Or even stealing that vehicle. You should reach out to a lawyer right away.

1 Answer | Asked in Criminal Law for Pennsylvania on

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

Jonathon Luff answered on Feb 5, 2019

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... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

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

There was drugs found in house in an area away from the room I was in. In the bathroom.

Jonathon Luff answered on Feb 4, 2019

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... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

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

It was caught on camera. I didn’t have a weapon. I screamed to fight her and I chest bumped her. I was newly diagnosed with bipolar and they just changed my meds. I complained about aggression, but they said it was me getting used to the meds. Once this incident happened, I was immediately taken... Read more »

Jonathon Luff answered on Feb 4, 2019

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.

1 Answer | Asked in Criminal Law for Pennsylvania on

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

I never signed any release form

Jonathon Luff answered on Feb 4, 2019

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.

1 Answer | Asked in Criminal Law and Internet Law for Pennsylvania on

Q: where is the line in cyber stalking?

My daughter has her Snapchat pubialy posted on her instagram page. She received an anonymous friend request. He said he is a friend from school who has a girlfriend but has seen my daughter from a distance and thinks she is hot.

My daughter asked who it is and he instantly responded to... Read more »

Jonathon Luff answered on Feb 4, 2019

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.

1 Answer | Asked in Criminal Law for Pennsylvania on

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

Probation is 3x/wk checkin for 3 months in PA, for second dui offense. He slept thru a morning meeting and was arrested that day, and is being held for a week until his hearing with the judge. Is this typical or do you think something additional happened?

Jonathon Luff answered on Feb 4, 2019

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... Read more »

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.