Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Ask a Question
Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: Why was a murder sentencing in Pittsburgh seemingly lenient?

Why did the sentencing seem lenient for a Pennsylvania murder case involving an attempted robbery and shooting on December 7, 2012, in Pittsburgh? Specifically, the accused shot the victim three times. What legal factors could have led to this outcome?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

You may feel confused or even angry when you see a sentence that doesn’t seem to match the gravity of the crime. In cases like this, the outcome can depend heavily on what charges the prosecution was able to prove rather than what everyone believes happened. If the defendant was convicted of a... View More

1 Answer | Asked in Car Accidents, Criminal Law, DUI / DWI, Traffic Tickets and Personal Injury for Pennsylvania on
Q: How can I defend against underage drinking charges after a DUI accident as a passenger?

I am a 17-year-old who was recently involved in a car accident where my friend, who was driving, was charged with a DUI. My friend took my keys by force while intoxicated, and I was made to ride with him along with my cousin. Unfortunately, I was pressured into drinking that night, although I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

You are not being charged with DUI; your issue is the potential underage drinking charge under Pennsylvania’s law for minors possessing or consuming alcohol. Since you were 17 and not the driver, the Commonwealth would have to prove that you knowingly consumed or possessed alcohol, and that... View More

1 Answer | Asked in Criminal Law, Health Care Law, Civil Rights and Gov & Administrative Law for Pennsylvania on
Q: What legal options are there for a schizophrenic daughter in jail after an incident?

My daughter, who has schizophrenia, was involved in a tragic incident on November 6, 2025, in Pennsylvania. She killed a man and is now incarcerated awaiting hearings. She was receiving treatment for her schizophrenia, and I have documentation of her condition from past years. However, due to HIPAA... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

You can move the court immediately for a competency evaluation and, if needed, inpatient competency-restoration treatment; the judge can order the jail and its medical contractor to facilitate full psychiatric assessment and ongoing care. You can also ensure she has counsel now—retain one or ask... View More

1 Answer | Asked in Child Custody, Domestic Violence, Criminal Law and Family Law for Pennsylvania on
Q: How to file an emergency custody petition in PA for my daughter at risk?

I live in Arizona and want to file an emergency petition in Pennsylvania. My daughter lives in PA with her father. We have an existing custody order from New York, but I haven't seen my daughter since it went into effect. I'm concerned for her safety because she has three burn marks on... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2025

File an Emergency Petition for Special Relief in the Court of Common Pleas for the Pennsylvania county where your daughter lives, alleging immediate risk of harm and attaching proof. Ask for temporary physical custody, supervised contact only, and orders authorizing an immediate medical evaluation... View More

1 Answer | Asked in Insurance Bad Faith and Criminal Law for Pennsylvania on
Q: Can an insurer file a criminal complaint after settling an issue in Pennsylvania?

I settled an insurance claim with my insurance company in Pennsylvania over a piece of jewelry that was claimed to be lost or stolen. Although I disagreed with their assessment, we ended up splitting the difference to resolve the matter via emails and letters. Recently, I discovered that they have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2025

In Pennsylvania, a civil settlement with an insurance company does not automatically prevent that company from reporting suspected criminal activity to law enforcement. The key difference is that a settlement resolves financial or contractual disputes, while a criminal complaint involves potential... View More

1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for Pennsylvania on
Q: What steps can we take against family harassment in PA?

My family and I are being harassed by another family member through phone calls, texts, social media, and in-person interactions. This has been going on for a while, but we haven't contacted the police yet because we're trying to gather more evidence and aren't sure if we have enough... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2025

In Pennsylvania, harassment through phone calls, texts, social media, or in-person contact is taken seriously, especially when it’s repeated and intended to threaten, intimidate, or disturb your peace. The first step you should take is to begin documenting every incident. Save all text messages,... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Would a cashier be charged immediately for selling a vape to a minor working with police in Pennsylvania?

In Pennsylvania, if a cashier unknowingly sells a vape to a minor who is working undercover with the police, would the authorities typically charge the cashier immediately, or might there be a delay in pressing charges?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 2, 2025

You typically would not be hauled off or “charged” on the spot. In Pennsylvania, undercover compliance checks for tobacco and vaping products usually end with documentation and identification, not an immediate arrest. The offense is ordinarily handled as a summary citation or a summons.... View More

1 Answer | Asked in Business Law, Mergers & Acquisitions, Tax Law, White Collar Crime, Family Law and Criminal Law for Pennsylvania on
Q: How do I investigate hidden assets and address potential fraud linked to transactions and entities in Pennsylvania?

I discovered that my husband has hidden millions in assets through the merger of his business with a hospital, involving 20 different entities, including his IME business related to bone and joint issues. There are concerns involving life insurance policies and potential fraud. Additionally, he has... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2025

Act on two tracks—freeze and trace—without delay: file in Pennsylvania family court for a preliminary injunction that freezes asset transfers, compels sworn financial disclosure, and preserves all electronically stored information.

Simultaneously serve litigation‑hold notices on your... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How can I get my M2 record expunged in Pennsylvania?

I am seeking to have my record expunged in Pennsylvania. I was convicted of a misdemeanor of the second degree (M2) in 2009, and I have had no other convictions or charges since then. I haven't made any previous attempts to expunge my record. What steps do I need to take to pursue expungement... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2025

You cannot expunge an adult conviction for a Pennsylvania M2 unless you obtain a gubernatorial pardon or meet a narrow statutory exception—turning 70 and remaining arrest‑free for 10 years after final release—so your 2009 conviction by itself does not qualify.

Given your clean record,... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Pennsylvania on
Q: Can a judge deny a continuance request for legal representation in PA?

In Pennsylvania, is it legal for a judge to proceed with a criminal hearing even after the defendant requested a continuance to obtain legal representation, especially when no previous requests for continuance were made?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2025

You hold a constitutional right to counsel at every critical stage of a Pennsylvania criminal case; a judge cannot force you to proceed unless you knowingly and intelligently waive that right. A continuance to obtain counsel is governed by “good cause” under Pa.R.Crim.P. 106, and when you make... View More

1 Answer | Asked in Criminal Law, Employment Law and Family Law for Pennsylvania on
Q: How does a withdrawn criminal case affect eligibility to work with children?

If my criminal case in Pennsylvania was withdrawn, how might this affect my eligibility to work or reside with children, especially considering an FBI fingerprint check?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2025

If your Pennsylvania criminal case was withdrawn (nolle prossed or dismissed), you did not sustain a conviction. Child‑protection screening focuses on convictions for enumerated barrier crimes and on founded or indicated child‑abuse reports, so a withdrawn case alone does not automatically bar... View More

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: Am I obligated to talk to police if they call me?

If the police call to speak with me, am I obligated to talk to them, or can I invoke my right to remain silent? The police contacted my mother and expressed a desire to talk with me, possibly related to child abuse charges linked to a CYS investigation that was previously unfounded. What should I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2025

You have no obligation to talk to the police just because they call you. You may—and should in this circumstance—invoke your rights under the Fifth Amendment and Article I, Section 9 of the Pennsylvania Constitution to remain silent and to have counsel before any questioning, whether by phone... View More

1 Answer | Asked in Adoption, Criminal Law and Family Law for Pennsylvania on
Q: Can past delinquency charges affect adoption ability through foster care?

My husband has a charge from 20 years ago for delinquency of a minor, along with a few summary offenses. He has had no criminal charges in the past 17 years and successfully raises two children of his own. We are considering adopting a child through foster care. Could this past charge affect his... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2025

It’s understandable to be confused about the extra $75 service fee, especially when it wasn’t mentioned by the court. In Georgia, where legitimation cases are common, the only legitimate service fees are typically those charged by the sheriff’s office or a private process server for... View More

2 Answers | Asked in Civil Litigation and Criminal Law for Pennsylvania on
Q: Can I be charged with theft after losing a civil judgment over a deposit returned to a customer in Pennsylvania?

I am located in Pennsylvania and recently lost a civil judgment where a customer was awarded their deposit back after canceling the work they had contracted me for. I received the deposit but didn’t perform the service after they canceled. Can I now be criminally charged with theft because of... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 22, 2025

In the abstract (without facts providing context), though perhaps possible, it seems unlikely. Minnesota's general theft crime statute is Section 609.52. It's long with numerous factual scenarios that you can read over. More likely is the judgment creditor will be able to pursue... View More

View More Answers

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Does a withdrawn criminal case affect my eligibility to work or reside with children?

I have a criminal case that was withdrawn. Will this affect my eligibility to work or reside with children in Pennsylvania? I'm not currently facing any specific employment or residency issues related to this matter, nor are there any existing legal restrictions or pending legal actions... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2025

If your criminal case was withdrawn in Pennsylvania, it generally should not prevent you from working with or residing around children. A withdrawn case means the charges were dropped and there was no conviction, so under most laws, it does not count as a criminal record. However, the record of the... View More

1 Answer | Asked in Criminal Law, Health Care Law and Civil Rights for Pennsylvania on
Q: How can I ensure fair treatment and medical care for my daughter with schizophrenia facing homicide charges?

My daughter has been diagnosed with schizophrenia and is currently facing charges of criminal homicide in Pennsylvania. She has been assigned a public defender who is not returning my phone calls, which worries me about the fairness of her treatment and her access to necessary medical care. I want... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2025

You have every right to be deeply concerned for your daughter’s well-being, especially given the seriousness of her charges and her mental health condition. The first step is to formally request a meeting or written response from her public defender’s office. You can do this by sending a... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Do I need a concealed carry permit in PA for an unloaded handgun in car?

In Pennsylvania, do I need a concealed carry permit to consistently travel with an unloaded handgun stored and locked under the driver's seat, while the ammunition is stored and locked in the glove compartment, if I do not possess any other firearm permits?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2025

In Pennsylvania, you generally need a concealed carry permit if you want to have a handgun in your vehicle, even if it’s unloaded and locked away. The state’s law treats a vehicle as an extension of carrying concealed, meaning that simply transporting a handgun in a car without a license to... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Pennsylvania on
Q: Can I appeal a harassment citation case in PA if I lose?

I'm facing a court citation for harassment in Pennsylvania. The decision hasn't been made yet, but in case I lose the case, I want to know if I can request an appeal.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2025

Yes—you can appeal a harassment citation in Pennsylvania, but the route depends on how the charge is graded and which court hears your case. Plan the correct path now so you do not miss unforgiving deadlines.

If the citation is a summary offense decided by a Magisterial District Judge or... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Hello. I have a question about FOPA and LTC laws.

Is a License to Carry required in either Texas or Pennsylvania in order to transport an unloaded handgun in a car, with the gun and ammunition placed in the trunk in separate containers, from PA to TX without an exception to PA’s LTCF laws for transporting handguns without a permit? I know FOPA... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2025

As of October 16, 2025, the federal “safe passage” rule in 18 U.S.C. § 926A (FOPA) allows you to transport an unloaded handgun between places where you may lawfully possess it, so long as the firearm and any ammunition are not readily accessible; in a car with a trunk, that means locked in the... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Did I self-incriminate by mentioning payments over phone due to life threat?

Did I incriminate myself when I spoke to an officer over the phone because I feared for my life? During the call, I mentioned I needed to pay his e******. There was a threat to my life, but no legal consequences were mentioned. I am concerned about how this conversation might impact me.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2025

It doesn’t sound like you incriminated yourself simply by mentioning a payment, especially if you were acting under fear for your safety. When someone speaks to an officer while under duress or threat, their statements are viewed differently because they weren’t made voluntarily. The key... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.