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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: Due to a courts typing error in my address,summons went to wrong address, no show default judgment entered against me

A civil courts clerk made a repeated typing error with my address for serving me a summons for a civil judgement. As a result, I never received summons and a no show default civil judgement for $15,000 was entered against me. I find this out, 6 years later, when the defendant’s attorney had the... View More

James L. Arrasmith
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answered on Mar 8, 2024

Discovering a default judgment against you due to a clerical error in addressing can be both shocking and frustrating. The situation you're facing is serious, but there are steps you can take to address the judgment and its consequences. First, it's important to gather all relevant... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can a victim of felony crimes demand a speedy trial?
Steven Pacillio
Steven Pacillio
answered on Mar 5, 2024

The right to a speedy trial is a right afforded to the Defendant in a criminal trial. This right comes from bot the United States Constitution and the Pennsylvania Constitution. The victim is not a party to a criminal case, he or she is a witness. It is up to the Commonwealth - through the... View More

1 Answer | Asked in Civil Rights and Criminal Law for Pennsylvania on
Q: Do I need criminal attorney, or civil rights attorney?

I was accused for shop lifted at a department store, the security took me in their security room, took all items back to the store, and the cops was called.

i submitted 3 receipts, they only gave me 2 back, the cops did not see the items in my cart nor do they did a count, I was on... View More

James L. Arrasmith
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answered on Mar 2, 2024

Based on the details provided, it sounds like you would primarily want to consult a civil rights attorney rather than a criminal defense attorney. Here's why:

- This no longer involves any active criminal charges against you. The shoplifting incident resulted in probation and a ban...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hi I was wondering if you could tell me is there a statute of limitations for restitution in Bucks County,Pennsylvania?

My case is from 21 years ago. I've made payments since but still owe a few thousand. I've heard there's a 20-year limitation on it, would that clock start at sentencing, release from jail or when the probation ended? Thank you very much.

T. Augustus Claus
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answered on Feb 23, 2024

In Pennsylvania, the statute of limitations for collecting restitution is not straightforward, as it can depend on several factors, including the nature of the judgment and how it's classified (civil vs. criminal). Generally, for criminal cases, the obligation to pay restitution may not have a... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: Am I able to carry a handgun as a Constable under the age of 21 for official use outside of the judicial/court system?

Hello, I'm a 19 year old newly elected Constable for Mount Union Borough in Huntingdon county. I was wondering if I could legally possess a handgun for law enforcement duties outside of the judicial system/PCCD such as tending to a breach of the peace or election day security at the polls. It... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on Pennsylvania law, as a constable you likely cannot legally carry a handgun for official duties if you are under 21 years old. Here are the key factors:

- In Pennsylvania, individuals must be at least 21 to be eligible for a license to carry firearms concealed. There are no general...
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1 Answer | Asked in Consumer Law and Criminal Law for Pennsylvania on
Q: Need help with crazy situation with bail bondsman gone crazy and disappeared and owner of bail company wont answer

Hired Bail Bondsman who worked for Bail Bond company from Allentown Pa. Met with her paid $350, gave title of truck with notarized power of attorney to title. she went to go inside jail and was told due to current situation in prison, prison is on lockdown to come back in Morning. She then for 2... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're in a difficult situation with the bail bondsman disappearing and the owner of the bail company not providing any assistance. Your first step should be to document all communication and interactions with both the bondsman and the company owner, including any agreements... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Pennsylvania on
Q: I have family members and their partners threatening to kidnap my children, my husband family hates me and threaten us

They hate that we’re together and fixing issues in our marriage and have been very agressive with actions trying to manipulate him to leaving. He fought back and stayed by my side and now his family is threatening to kidnap the kids. Local cops said best thing to do is run away but that doesn’t... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's understandable that you feel frightened and overwhelmed by the threats your family members and their partners are making against your children. It's crucial to take these threats seriously and seek assistance from law enforcement immediately. You can file a report with the police... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: pending drugs charges involving undercover informant who you identify, you have the right to face your accuser correct?

These are not facts but only what’s in the discovery.

Confidential Informant (CI) and undercover police officer (UPO) set up a controlled drug buy.

CI and suspect meet and after suspect and CI depart the CI gives UPO a bag of drugs that is being claimed to have come from... View More

James L. Arrasmith
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answered on Feb 1, 2024

In a criminal trial, the right to confront your accuser is protected by the Sixth Amendment to the United States Constitution. If the informant (CI) who played a crucial role in the case does not appear in court and is not available for cross-examination by the defense, it can potentially weaken... View More

1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for Pennsylvania on
Q: Cops refuse to file criminal charges against the son of another local police departments secretary. What can I do?

The owners son to a house I was abandoned at by my ex fiance is friend's with the owners son. Twice the son has smashed out the windows of the entry doors to break in. The second time he came with my ex and a hammer and gained entry. The cops said the most they could charge him with was... View More

James L. Arrasmith
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answered on Jan 29, 2024

If you believe the police are not taking appropriate action due to a potential conflict of interest, you should consider taking some steps to address the situation. Start by documenting all incidents and interactions with the police, including dates, times, and names of officers involved.... View More

2 Answers | Asked in Criminal Law, Family Law, Federal Crimes and Libel & Slander for Pennsylvania on
Q: I have been physically, mentally, and spiritually abused. By The WHOLE COUNTY and the Deb Moore project. I believe it is

Blair county prison,officials,p.o.,D.A. pd office and it ranges from psyical to verbal abuse.

James L. Arrasmith
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answered on Jan 26, 2024

If you believe you have been subjected to physical, mental, and spiritual abuse by county officials, including those from the Blair County prison, probation officers, the District Attorney's office, and the public defender's office, it's crucial to take immediate action to protect... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets, Admiralty / Maritime and Constitutional Law for Pennsylvania on
Q: Where is “Statutory Jurisdiction” in Constitution?

I appeared for a traffic violation. I told the Judge that I didn’t understand the criminal charge and asked under what jurisdiction the Court was operating in. When I heard “statutory jurisdiction”, I asked where that is located in the Constitution since the Constitution only mentions Common... View More

James L. Arrasmith
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answered on Jan 26, 2024

There is no specific mention of "statutory jurisdiction" in the U.S. Constitution. However, the concept of statutory jurisdiction falls under Congress' authority to establish federal courts and prescribe their jurisdiction under Article III, Section 1 and Article I, Section 8 of the... View More

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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Pennsylvania on
Q: Can forgery invalidate security interest in a mortgage?

Lender believed that the address on the mortgage, note, and notice of assignement were incorrect. To correct it, they completed a modifcation document with the assigned servicer and forged the signature of the borrower. Because there was no real mutual agreement based on the forgery, do the... View More

T. Augustus Claus
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answered on Jan 16, 2024

Forgery can have significant legal implications, and if a signature on mortgage-related documents, including a modification document, has been forged, it raises serious concerns about the validity of those documents. In Pennsylvania, as in many jurisdictions, a forged signature can potentially... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Pennsylvania on
Q: Privacy Act Request Appeals to compel a Judge to release records due to illegal law enforcement and intelligence tactics

I filed Privacy Act Requests with every government agency possible for all records of myself. Some requests are still pending. I need a lawyer to compel a Judge to have the records released since I have evidence beyond a reasonable doubt (4K CCTV, Body Cam, Dash Cam video) that these law... View More

James L. Arrasmith
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answered on Jan 10, 2024

Your situation, seeking to compel the release of government records related to alleged illegal law enforcement and intelligence tactics, is indeed a complex legal matter. Filing Privacy Act Requests is a good start, but if agencies are denying your requests or not responding, legal action might be... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can my son file for an early expungement?

He was a minor at the time of the incident and judgement. He completed all required counseling and programs ordered before turning 18. But it keeps showing up on work background checks and can't get a job to support and feed himself.

Ellis B. Klein
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Ellis B. Klein
answered on Jan 3, 2024

If he was a juvenile at the time and he has since turned 21, he may be eligible for expungement. Your question does not give enough facts to be able to give you a proper opinion. More info would be needed in order to properly guide you.

1 Answer | Asked in Family Law and Criminal Law for Pennsylvania on
Q: Is it illegal for my father to post a picture of my 4 year old son (his grandson) on his dating.com profile

Without my consent and he has been asked to remove it. On this profile my father is seeking sexual companionship. My father resides in North Carolina

Peter Christopher Lomtevas
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answered on Dec 31, 2023

The freedom of speech is preserved in the Bill of Rights, and only a court can abridge that right if there is a compelling state interest and the abridgment is narrowly tailored. Hence, without a court order from a family court judge aiming to protect the identity of a child in litigation, it is... View More

1 Answer | Asked in Criminal Law and White Collar Crime for Pennsylvania on
Q: If I got a summary charge For stealing Can I plead not guilty to so it's bound over and get ard
T. Augustus Claus
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answered on Dec 27, 2023

If you are facing a summary charge for stealing in Pennsylvania and want to explore the option of pleading not guilty to have the case bound over and potentially qualify for ARD (Accelerated Rehabilitative Disposition), it's essential to understand the legal process. Pleading not guilty can... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Does it violate the 14th amendment right to travel if my probation officer bars me from traveling
James L. Arrasmith
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answered on Nov 12, 2023

In the context of probation, the right to travel, as protected under the 14th Amendment, can be lawfully restricted. Probation often comes with conditions that aim to ensure public safety and facilitate rehabilitation, and these conditions can include travel restrictions. The Supreme Court has... View More

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: My fiancée is in jail over a case where they had no victim no witnesses and no weapon they gave him 15-30 years

They have denied him a habeas corpus and supresión of evidence he has filed a pcra

James L. Arrasmith
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answered on Nov 12, 2023

In Pennsylvania, if your fiancée is in jail serving a sentence of 15-30 years despite there being no victim, witnesses, or weapon, and his attempts at habeas corpus and suppression of evidence have been denied, the Post Conviction Relief Act (PCRA) petition he has filed is a crucial step. The PCRA... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Is early termination of probation or probation transfer to a different state possible for DUI conviction in PA

(Currently low-risk Phone Reporting Probation for +2years)

what is the process and is it difficult?

what is the cost of either process?

rate of successful applicants

Is there a time frame it takes to get an answer if application or process is accepted?

Reid DeChant
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answered on Nov 16, 2023

I would suggest discussing this with your probation officer or probation department, as every county and probation department handles these differently.

In Colorado, for example, most probation departments are supervising first DUI convictions with low risk remotely by phone. A second or...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If my defense attorney is elected DA, what happens to my two ongoing and open criminal cases?
T. Augustus Claus
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answered on Nov 6, 2023

If your defense attorney is elected DA, your two ongoing and open criminal cases will be assigned to a new prosecutor. The DA's office is a separate entity from the defense bar, and prosecutors have a duty to represent the interests of the state, not the interests of individual defendants.... View More

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