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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is a CYS file part of the district attorney’s discovery in a criminal trial?
Lauren A Wimmer
Lauren A Wimmer
answered on Mar 22, 2023

If the case involves CYS, for example, the alleged victim was receiving services, then yes that file is part of the District Attorney's file. You lawyer should request it in discovery.

1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Rights and Landlord - Tenant for Pennsylvania on
Q: Ombias pretrial motion what does it mean and if my legal represent For me did not tell me about this what does that mean
Lauren A Wimmer
Lauren A Wimmer
answered on Mar 22, 2023

In a criminal case, an omnibus pretrial motion is a generic motion that must be filed within a certain time period following formal arraignment to preserve your right to file motions down the road as your case progresses. These motions are typically boilerplate and contain multiple requests for... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: What happens to the beneficiary after the parole period of 2 years?

Looking to sponsor a Cuban to come to United States under a new Biden program this year. I need to fill out a form called I-134 A. This program has the beneficiary in the U.S for 2 years. After the two years expire what happens to the beneficiary and sponsor?

James L. Arrasmith
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answered on Mar 19, 2023

The answer to this question depends on the specific circumstances of the beneficiary and sponsor, and the type of visa or parole program that is being used.

In general, if the beneficiary is in the United States under a parole program, they may be required to leave the country at the end of...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Pennsylvania on
Q: Was pulled over pulling out of gas station officer performed field sobriety test and I passed. Then asked to search vehi

Was pulled over pulling out of gas station officer performed field sobriety test and I passed. Then asked to search vehicle and I said no then spoke to another officer after he removed his recording device and sat on car. Then told me that he was calling a canine unit out to which I responded that... View More

James L. Arrasmith
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answered on Mar 2, 2023

Based on your description, it appears that the officer may have exceeded the lawful limits of his authority during the traffic stop. The Fourth Amendment to the U.S. Constitution protects citizens against unreasonable searches and seizures, and law enforcement officers generally need a warrant or... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If I have a warrant in let’s say Pennsylvania but I’m am serving time in Ohio does the fast and speedy trial rule still
Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Jan 17, 2023

There may be a potential argument that the Commonwealth isnt acting with due diligence to bring you to trial if they know where you are and don't make any effort to writ you in; however, the law on rule 600a motions is very pro commonwealth and defendant's motions to dismiss are not often granted.

1 Answer | Asked in Criminal Law and Immigration Law for Pennsylvania on
Q: International student charged with retail theft. How do I keep my immigration status safe?

Hi everyone, on 20th Nov 2022 me and my girlfriend were charged with a retail theft summary offence (CC3929) of amount $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date at the station. We hired a... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2023

Hi, you did not mention what the final disposition of the charges was. Dismissed? Adjourned in contemplation of dismissal? Pleaded guilty to a lesser charge? Without that information, we can only guess whether the arrest (and conviction if any) would affect your immigration status.

Your...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: family member called 911 for ambulance the police arrive well after emt's enter with out permission then be cause it wa

Was an over dose, I had been cleaning empty bags and syringes I found behind a dresser drawer left by my ex-wife. She was asked to leave months ago because she was using and I must have gotten fentanyl powder on my hands and touched my mouth. The officer mailed me a paraphernalia charge 2 weeks... View More

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is generally not appropriate for the police to enter a private residence without permission, unless they have a warrant or there are exigent circumstances that justify a warrantless entry.Good Samaritan laws are intended to encourage people to seek medical help in the event of an overdose by... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Could I get probation for a misdemeanor possession of an unweighable amount of narcotics on school grounds
Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Dec 18, 2022

Most likely yes, but this depends on your county, as well as whether you have a prior record.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Gov & Administrative Law for Pennsylvania on
Q: Who do I contact for opp. counsel changing the language of my Lanc. custody order enter to berks exhibit A. Pet/mod.
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2023

The question as is makes no sense, and the asker is best advised to retain legal counsel for his court action.

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: Will I be convicted of strangulation if it was self defense and it’s my first ever criminal charge

My mother broke into my room with a butterknife armed with a karate bow staff, attempted to hit me and the girl I was with due to disapproval of the girl, I backed her out of the room she fell back I fell back and continued to fight me so I placed my hand on her neck and then guided her to floor... View More

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Dec 16, 2022

The police can decide to charge any person they reasonably believe to have committed a crime based on the information available and the investigation conducted at the scene of an alleged crime. I would think that the police were more sympathetic towards your mother than you given the... View More

1 Answer | Asked in Criminal Law, Education Law and Federal Crimes for Pennsylvania on
Q: As a minor in Pennsylvania I was charged with a misdemeanor of an non weighed amount of narcotics on school property

What could I be charged with and sentenced to?

Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Dec 18, 2022

If you are charged as a juvenile, your most likely outcome is probation.

1 Answer | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: My Friend unknowingly bought a meth lab. How can he get out of the home without losing all his money?

They have very little money and the home owners insurance won't help them. The previous owner denies it was a meth lab despite heavy evidence to the contrary. However they have no money to sue in court. The house is under a mortgage. Its also unsafe to live in. They need to leave the home if... View More

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Did your friend order an inspection as part of the purchase process? Did the lender require an inspection or appraisal before approving the loan?

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Yesterday I had to make a plea of guilty to a Aggrevated assault but my lawyer didn’t show all the facts what can I do?

Aggravated assault with a deadly weapon? I had to plead guilty cuz otherwise I would’ve been screwd for money. I was protecting myself from 2 men and both who had warrants and. Baseball bats.

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Oct 12, 2022

you need to speak with your attorney. i cant give you advice since you are represented. However, seems that a decision either to plead guilty to the facts as asserted by the Commonwealth or go to trial are the options, and you chose to plead guilty. you will have an opportunity at sentencing to... View 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... View 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
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... View 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... View 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... View 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... View 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...
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1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Criminal Law for Pennsylvania on
Q: Can you be arrested for marijuana DUI while not intoxicated?

My fiancé was arrested for his friend leaving a marijuana roach in his car. He has his medical marijuana license and wasn't aware his friend did that. The cops pulled him over for having a tail light out. The cop noticed the roach right away and told him he was impaired. Had him do a sobriety... View More

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

The wait is for the blood work. He should request his license. There is no automatic suspension in Pennsylvania. They would have to show that the THC in his blood was sufficient for him to be intoxicated. If they press the charges he should have an attorney. By the way he shouldn't drive with... View More

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