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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law and Workers' Compensation for Pennsylvania on
Q: My boss is withholding my pay and wanted me to come in the office yesterday to sign a release and take a untaxed check
Timothy Belt
Timothy Belt
answered on Oct 29, 2024

A great deal more information is needed to properly answer this question. If there is a work injury involved, you will want to talk to a workers' compensation attorney before taking any action. If this is a wage dispute, you will need an employment lawyer that focuses on wage issues.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Legal Malpractice for Pennsylvania on
Q: Is my consent required when it comes to the police releasing items that were seized during an arrest?

My vehicle was searched and the police seized my drivers license, bank cards, EBT card, medical card, etc. along with two cell phones. My attorney requested the release of these items and stated once it was approved, I would be able to go to the police station to get them. I was then notified by my... View More

James L. Arrasmith
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answered on Oct 29, 2024

You have the right to have your seized items returned without unnecessary delays. Typically, once your attorney requests the release of your belongings, the police should follow through without additional conditions. It's unusual and potentially improper for your attorney to hold your personal... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Pennsylvania on
Q: My Attorney has the items police had seized during my arrest sent directly to his office and withholding them for paymen

My Attorney has the police release the items they had seized during my arrest directly to his office. The items include my drivers license, debit and credit cards, EBT card, Insurance Cards for myself and Children, and two cellphones. He is refusing to give me these items until I pay the last... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm sorry you're experiencing this situation. Attorneys have a responsibility to act in their clients' best interests, and withholding your personal items for payment may not align with those duties. It's important to review any agreements you have with your attorney to... View More

0 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on
Q: I was a passenger in a vehicle where the driver had alcohol without my knowledge.

I was a passenger in a vehicle where unbeknownst to me, the driver had alcohol. We were pulled over. The driver blamed the alcohol on me when he was alone with the cop, but I had just gotten in the car. I am being charged instead of the driver who had the alcohol. What can I do?

0 Answers | Asked in Criminal Law for Pennsylvania on
Q: My wifes brother moved her son into my brothers house to live where he had lived before.

If My brothers wife is invloved i his murder does she lose all rights to his estate

0 Answers | Asked in Criminal Law for Pennsylvania on
Q: My wifes brother moved her son into my brothers house to live where he had lived before.

Him and his girlfriend lived in the basement and he cnuck upstairs and murdered my brother.Can I sue both of them for wrongful death ?

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Pennsylvania on
Q: My boss is locked me in the gated area for using the pool bathroom, follows me on camera and interigates me,

i had to climb a fence to excape , he also took a collectors coin i found pretended to help me look it up and instead of returning it he fired me and claimed it was the property of the estate grounds

Jeremy Donham
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answered on Oct 21, 2024

I am very sorry to hear of this. You will want to speak to a local employment attorney that handles employee cases regarding possible claims of invasion of privacy as well as possible emotional distress. If the intimidation has caused you anxiety, for example, there could be claims under the... View More

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: The people next door ARE watching me and my daughters, my brother and daughter heard them at separate times, how?

Is it legal to record them from where I hear them? They are talking from behind my tv, my brother and daughter heard them at separate times,

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry to hear you're experiencing this situation. In Pennsylvania, the law regarding recording depends on the type of recording you intend to make. For audio recordings, Pennsylvania is a two-party consent state, meaning you need permission from all parties involved to legally record... View More

0 Answers | Asked in Criminal Law for Pennsylvania on
Q: Do expungements apply to news agencies?

I had a felony gun charge a few years back. Went through a program and received an expunge & destroy order from a judge.

2 news agencies have removed the story from their site with no knowledge of the court order. A 3rd refuses to remove it. Ive reached out to them and sent the order,... View More

0 Answers | Asked in Criminal Law for Pennsylvania on
Q: can a state police drug task force officer leak information through a ci who in turn is having it posted to social media

the information has been posted on 7 platforms and a podcast ultimately slandering becoming propoganda in our small town and deframation of character causing an arrest to a man who was a zero on criminal scale

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Do expungements apply to news agencies?

I had a felony gun charge a few years back. Went through a program and received an expunge & destroy order from a judge.

2 news agencies have removed the story from their site with no knowledge of the court order. A 3rd refuses to remove it. Ive reached out to them and sent the order,... View More

James L. Arrasmith
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answered on Oct 16, 2024

Expungement orders generally apply to public records and how they are accessed by individuals and organizations. However, news agencies operate under different guidelines, especially regarding past public information. While your order requires certain records to be destroyed or sealed, media... View More

0 Answers | Asked in Criminal Law for Pennsylvania on
Q: .. does charges but not convictions disqualify carry conceal permit

I was charged but not convicted of corruption of a minor in Pennsylvania

1 Answer | Asked in Contracts, Criminal Law, Traffic Tickets and Constitutional Law for Pennsylvania on
Q: Where does the parking authority receive their authority?

In Philadelphia, where it must be similar to NYC, there is a parking authority. I asked their law department the following question and they could not answer, and I just want to know for my records:

Will you please show me the law that states that people who are not engaged in commerce and... View More

James L. Arrasmith
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answered on Sep 12, 2024

The authority of a parking authority, like the Philadelphia Parking Authority (PPA), typically comes from state legislation or municipal code that grants them power to regulate parking in public spaces. For Philadelphia, this authority originates from the Commonwealth of Pennsylvania, which... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: What are the status of limitations of police violations against your 5th and 6th amendment rights?
James L. Arrasmith
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answered on Sep 7, 2024

When it comes to violations of your 5th and 6th Amendment rights, the statute of limitations can vary depending on the specific type of violation and the jurisdiction where it occurred. Generally, for civil rights violations, including violations of these amendments, there is a time limit within... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and White Collar Crime for Pennsylvania on
Q: Can a court enforce a protection order and issue penalties against a parent after involuntary TPR, despite a pending

Can a Dependency Court in Allegheny County, PA, still enforce a protection order and issue a Rule to Show Cause against a parent after the involuntary termination of parental rights, especially if the parent has filed an appeal?

If a parent's rights were involuntarily terminated and... View More

James L. Arrasmith
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answered on Sep 7, 2024

In Allegheny County, PA, after an involuntary termination of parental rights (TPR), a parent is generally no longer considered a "party" to the dependency case. The court's order stating that the parent is not to be notified of future proceedings indicates that their legal standing... View More

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: If I went into a store to buy a gas can and forgot they didn't take credit cards so I grabbed my bag I always carry out

The store to get cash at the ATM and was physically assaulted my bag was ripped and my mirror was broke after he hit the mirror in the car

James L. Arrasmith
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answered on Sep 1, 2024

It sounds like you've had a really distressing experience, and I'm sorry to hear about what happened. In this situation, it's important to take a few immediate steps to protect yourself and your rights. If you were physically assaulted and your property was damaged, consider... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Pennsylvania on
Q: legality of being questioned while under prescribed narcotics

If someone had just undergone surgery and was still having the effects of the anesthesia and administered fentanyl and morphine several times that day for the pain. is it legal for them to be questioned for a possible crime

James L. Arrasmith
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answered on Aug 31, 2024

When you're under the influence of prescribed narcotics, such as fentanyl and morphine, your mental state may be significantly impaired. If law enforcement questions you during this time, it can raise serious legal concerns about the voluntariness and validity of any statements you make. The... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Who would be able to help with an inmate who has been denied parole multiple times for no reason?

The inmate has completed all courses and then some. Also they denied for 1 year and then 1 year and then last time it was for 2 years. The inmate hasn't had a write up of any sort for 4 years.

James L. Arrasmith
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answered on Aug 5, 2024

If an inmate has faced repeated parole denials despite meeting requirements, it's important to seek assistance from organizations that advocate for prisoner rights. These organizations can offer guidance on the parole process and may help identify any underlying issues that contributed to the... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Pennsylvania on
Q: When can I get my firearm back from the state police.

There was an incident where someone, not the owner, pointed a firearm with an empty clip at someone. The state police were called and showed up but did not take the firearm. The following day the mother of the owner took the firearm, refused to give it back, and without consulting the owner and... View More

James L. Arrasmith
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answered on Jul 27, 2024

To get your firearm back from the state police, you need to follow the appropriate legal procedures. Since the firearm is being held as part of an investigation, you'll need to contact the state police directly and inquire about the status of the investigation and the specific steps required... View More

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