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Pennsylvania Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Is it against the law to talk to a thirteen year old girl but helping her through depression of harming her self.
Ryan L Hyde
Ryan L Hyde
answered on Jun 25, 2017

In the most direct form the answer to your question is no. However, the real answer is it depends. Depends on your age, depends on the content of the message, depends on who is making the decision on legality, and it depends on how she views the message. If the messages could be construed as you... View More

1 Answer | Asked in Criminal Law, Wrongful Death and Federal Crimes for Pennsylvania on
Q: Can a person be charged if knowingly has a deceased person in home for longer then 24hrs before calling police.
Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

Depends on the circumstances. May be a health code violation as well.

1 Answer | Asked in Criminal Law, Personal Injury, Child Support and Federal Crimes for Pennsylvania on
Q: What do you do if you're dad puts a gun to you're head what can he be charged with and how long can he go away for
Ryan L Hyde
Ryan L Hyde
answered on Jun 8, 2017

You call the police. Period. Thats not acceptable behavior from an adult, or anyone. There us a laundry list of things he can be charged with and yes he will go to jail.

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Child Custody for Pennsylvania on
Q: DA wants to meet with the victim is this a good sign towards filing charges

My 9 yr old was thrown up against the wall, her feet were off and he had her by the neck - this was done by her father and she had difficulty breathing - the Child Protetive medicine doctor assessed this as strangulation - the DA asked to meet with my daughter in person. Is this a good sign that... View More

Ryan L Hyde
Ryan L Hyde
answered on Apr 13, 2017

I would caution you not to read too much into such a meeting. These kind of cases are very delicate especially with a child that age. In all likelihood it may just be an assessment to see how well the child can testify or remember what happened. I would say it is potentially a positive step... View More

2 Answers | Asked in Federal Crimes for Pennsylvania on
Q: What laws or precedents were used in United States v. Nixon?
Ryan L Hyde
Ryan L Hyde
answered on Feb 15, 2017

A lot of them. Its a 25 paged opinion. The best way to answer your question is to tell you to read the case and then ask a specific question.

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1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Is the AUSA responsible for any request made by the federal goverment
NiaLena Caravasos
NiaLena Caravasos
answered on Dec 24, 2016

Not necessarily. There is no simple answer to your question and everything is fact specific and case specific. You really should discuss your particular circumstances privately and in detail with a federal criminal defense attorney.

2 Answers | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Is delaying prosecution investigative misconduct
NiaLena Caravasos
NiaLena Caravasos
answered on Dec 24, 2016

Your question is too vague to even begin answering it. You really should discuss this issue with a federal criminal defense attorney regarding the particular prosecution that concerns you and the investigation.

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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Pennsylvania on
Q: The AUSA for the fed. gov. agrees to sit down and show the def. all the evidence they are going to present is it good/ba

Trial isn't until another 2 months and they offered a plea deal. Also there is no new evidence that the defense doesn't already know about.

NiaLena Caravasos
NiaLena Caravasos
answered on Dec 18, 2016

This meeting that you describe is called a reverse proffer. It can be helpful for a defendant to understand the scope of the government's case. Keep in mind, however, that there is usually (but not always) additional discovery provided as you get closer to trial that would not be shown to you... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: How would I go about finding a probono federal lawyer for my fiance's criminal case that just got superceeded?

His given lawyer isn't doing anything to help all he is doing is making things worse.

Peter N. Munsing
Peter N. Munsing
answered on Nov 21, 2016

He would have a federal public defender. They are usually quite good. There are generally no "pro bono" criminal defense attorneys.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: What happens if a person lies to a grand jury? Can they till be used as a witness?
R. Patrick Link
R. Patrick Link
answered on Nov 16, 2016

If a person testifies differently at a Grand Jury, that person can still be used as a witness by the DA due to a rule of evidence that allows "prior inconsistent statements to be offered as substantive evidence." If the DA calls this person to the stand at trial after the Grand Jury they... View More

1 Answer | Asked in Civil Rights, Criminal Law and Federal Crimes for Pennsylvania on
Q: What happens if the police fail to sign the property record form?

What motions would you put in to challenge that .

R. Patrick Link
R. Patrick Link
answered on Nov 16, 2016

There are not any motions to put in, but it's possible you could challenge the chain of custody at trial.

Let me know if you have any other questions and you can learn more about criminal defense in PA on my blog - http://linklawphilly.com/blog

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: How do you get phone records of a person's text messages and phone calls if they are a witness?

What motion would you file to obtain those records

R. Patrick Link
R. Patrick Link
answered on Nov 16, 2016

You could issue a subpoena duces tecum to request the sought after records.

Let me know if you have any more questions or I can be of assistance further - http://linklawphilly.com/

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: What happens if a witness lies to a grand jury within a testimony?
R. Patrick Link
R. Patrick Link
answered on Jan 24, 2017

A witness who lies at a Grand Jury hearing commits the crime of perjury. It is a felony of the third degree that can carry a maximum sentence of seven years in jail.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Is it legal for the federal goverment to ask the state within a state prosecution to assist the federal prosecution?

the state initiated the charges the federal government was indicting for the same conduct and the assistance requested by the federal government from the state was a continuance within the state criminal case

If possible could you add in any case laws in with the answer...

R. Patrick Link
R. Patrick Link
answered on Nov 16, 2016

The state could "assist" the federal government by continuing the state case, but they could potentially run into speedy trial issues under Rule 600 if the case is delayed beyond a year from the date of arrest.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Can you get a case dismissed off of police misconduct?
R. Patrick Link
R. Patrick Link
answered on Nov 16, 2016

If the police misconduct involves unconstitutional methods for obtaining physical statements, evidence, or identifications, you could have that evidence suppressed, which could result in the Commonwealth being unable to proceed to trial.

Police abuse is not uncommon in Philly - here is some...
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1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: How do you address police misconduct in a motion?
R. Patrick Link
R. Patrick Link
answered on Jan 24, 2017

Police misconduct may be relevant in many different stages of a prosecution. If proven, it can affect their credibility in court which could enable you to win a motion to suppress evidence, or win an outright acquittal. Learn more on my blog -... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: How long do the authorities have to pick up a defendant being held in another county on their detainers?

It's a federal detainer with another county detainer within the same state. What should you do of they exceed the time? And the county he is being held in he beat the charges.

Ryan L Hyde
Ryan L Hyde
answered on Oct 28, 2016

He needs to ask his attorney that question. Usually, they have thirty days but a lot of counties have agreements that extend the time. The prison systwm is overcrowded so if one county has more room thats where he will sit til his court date.

As for what to do. Hire an attorney to file...
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1 Answer | Asked in Federal Crimes for Pennsylvania on
Q: I received a letter from the US DOJ Victim Notification System and the case appears bogus. Details below.

I received a letter (and apparently two emails that I didn't see until after the letter) from the USDOJ Middle District of Tennessee Victim Notification System. It says they are contacting me because I was identified by law enforcement as a victim during the investigation of the above criminal... View More

Matthew Williams
Matthew Williams
answered on Oct 27, 2016

No idea why. Maybe they just screwed up. Maybe it's an elaborate scam. I would simply ignore it.

1 Answer | Asked in Criminal Law, Federal Crimes, Internet Law and Sexual Harassment for Pennsylvania on
Q: Can you sue someone for unknowingly video taping you in the bathroom even if its not put on the internet?
Paul Stanko
Paul Stanko
answered on Oct 27, 2016

If you are asking about suing someone, that is not a criminal law question. If the person who videotaped you did so "unknowingly", it would be difficult to prove any tortious conduct on their part.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Can a person be charged with hindering apprehension if the police were not even there for that person wanted

Can a person be charged for hindering apprehension if it wasn't the person being charged residence.

Ryan L Hyde
Ryan L Hyde
answered on Oct 21, 2016

Of course. The police can charge you with any crime they have probable cause to believe you comitted. Your question doesnt make a lot of sense because why would it matter whose house it was. What matters is you on some way hindered the police in a lawful apprehension.

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