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Pennsylvania Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Pennsylvania on
Q: If someone is detained in pa on a NJ warrant waiting extradition, and the warrant is vacated, what happens next?

The prison still has extradition on record so they won't release him, but there is no warrant anymore.

0 Answers | Asked in Criminal Law for Pennsylvania on
Q: i have been charged with FTR, have CALL TO THE LIST Friday. PD is trying to offer some reduced charge but doesnt know

what charge when asked. i am aware of the chester co. ruling,and it seems like they want me to take a deal with no jail time to compel me to take the conviction. also of note, i do have mental conditions that interfered with my awareness in this matter. im not sure what to do. can someone please... Read more »

0 Answers | Asked in Criminal Law and International Law for Pennsylvania on
Q: How can residents of the U.S. get help if they were molested in another country, and what are the barriers?

If one doesn't remember the crime happening until much later in their lives, how can a resident get justice through legal means?

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Pennsylvania on
Q: Can a non expert witness testify to injuries when medical records were never produced? Or is an expert required?

Records contradict witness testimony. The way I’m reading rule 701 and 702, it seems an expert should testify to medicinal diagnoses, not the complainant.

0 Answers | Asked in Criminal Law, Civil Rights and Elder Law for Pennsylvania on
Q: How can I get a docket corrected? It needs to show what the judge actually ordered.

My husband has been denied parole 3 times. His paperwork shows a no contact order that was actually removed over 5 years ago, but the prison officials keep telling him he can't come home because of the no contact order. All charges brought against him pertaining to his actions against me were... Read more »

0 Answers | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: "Disproportionate size" is a theory sloppily used in one-punch aggravated assault cases. What's the criteria?

I was attacked by a man 5 11' 183 pounds, I'm 6 3' 190. I threw one punch to defend myself and backed away. The records show I was "disproportionately bigger" despite Body Mass Index and Body Surface Area saying otherwise. A supreme court decision rest on this. Seems silly... Read more »

0 Answers | Asked in Criminal Law for Pennsylvania on
Q: Can a sentence be modified after hearing ended for no legitimate reaon

My oral exp of my pushishment was 3 months house arrest. Once given I said I understood and asked if the hearing was over the judge said yes and directed to report to a women from prob. As I was walking away I said to my attorney. Well at least he did not say I had to report to the say reporting... Read more »

0 Answers | Asked in Criminal Law for Pennsylvania on
Q: How to Proceed at Prelim Hearing? 18 3503 A1ii (Crim Trespass) 18 3921 B (Theft/Unlaw) 18 3925 A (Receiving SP)

Relevant Facts: I have been charged with above crimes by employer. In June 2021 I had needed to take FMLA leave in order to care for my mother. Employer was more than helpful and told me to take all the time I needed. In the winter of 2021 I had informed my supervisor that I still wasn't... Read more »

0 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Pennsylvania on
Q: I was falsely accused of child endangerment by person who molested my child and was victim of corruption

A neighbor accused me of "hitting my child. He

had a bruise he got from my exs child. The cop is friends with her parents. They made a false

report and put the neighbors statement as my

mothers. The officer harassed my mom at our

apartment and told her she had... Read more »

0 Answers | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Husband charges from 2016 with his time served can they revoke his street time for a probation violation?

He served his 3 years he is now back for a violation for dirty urine this isnt his first violation but he has served over almost 3 years of time.

0 Answers | Asked in Consumer Law, Criminal Law and Small Claims for Pennsylvania on
Q: Can I press charges against a mechanic or sue the comercial franchise company for takin my car & committing a theft?

I dropped my car off on Sunday and picked it up Tuesday late afternoon. That evening ,Police contacted me asking who’s as driving the car. There was a guy that stole parts/tools from a store and was caught. Once confronted he gave the merchandise back. They have my license plate # from the store... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hello, I currently have a misdemeanor for simple assault in 2015. In need of expungement

Hello,

I currently have a misdemeanor for simple assault in 2015, my first year of college. In order to continue grad school for social work I'm in need of guidance and assistance with expungement, petition sealing, automated sealing or pardon.

Timothy Kraeer
Timothy Kraeer
answered on Jun 5, 2022

You may be eligible to petition to have the record sealed, but it will depend on the grading of the offense and the rest of your criminal history (if you have any). You won't be eligible for expungement or automatic sealing given the nature of the offense. Reach out to an attorney for more... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How long does the court system have to bring you to court and sentence you for a criminal matter for 2019
Kelly Jurs
PREMIUM
Kelly Jurs
answered on May 5, 2022

The short answer is, 365 days from the date of the filing of a criminal complaint. However, this does not include what the law describes as "excludable time" which could be time in a diversionary treatment program or continuance requests by defense counsel for investigation and trial... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Pennsylvania on
Q: How is a local ordinance violation different from non traffic summary in PA?

I was charged with public intoxication but plead noy guilty due to the circumstances and that my professional license would be affected. The magistrate offered a plea to a local ordinance violation that he said would stay local and not be accessible without search warrant. I received a citation... Read more »

Timothy Kraeer
Timothy Kraeer
answered on Apr 21, 2022

The difference is that public drunkenness is a violation of the Pennsylvania crimes code, whereas a local ordinance is not. It is only a violation of the local ordinance, or administrative code. It is not a criminal offense, but there will still be a public record generated in connection with the... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Rovoked probation for new arrest can my new sentence term be dismissed if new arrest charges got dismissed?

Wouldnt that mean i never got new charges or a new arrest?

Steven Pacillio
Steven Pacillio
answered on Apr 5, 2022

You can still be violated for "police contact" even if the new charges result in an acquittal or get dismissed. The severity of the violation for police contact is much less than for a new conviction. You should immediately consult with an experienced criminal defense attorney in your... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If a trash can its out on the curb for pick up can you take the trash or whatever is in it in pa. ?

I got charged with movable theft?

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

if an object is next to it the assumption is that it is there for anyone to take. However if trash is in a bag, the presumption is that the homeowner left it there with an expectation of privacy. That doesn't mean it's illegal.

In Pennsylvania the issue is whether you had intent...
Read more »

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