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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Constitutional Law for Pennsylvania on
Q: DEA Privacy Act Denial Appeal: No arrests but why are they withholding my information and why do they have any at all?

I submitted a Privacy Act request to the DEA out of curiosity and it came back denied due to exemption (j)(2): "Material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or to apprehend criminals."... View More

James L. Arrasmith
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answered on Apr 10, 2024

This is a complex situation that raises several legal and privacy concerns. Here are a few key points and suggestions:

1. The DEA's response indicates they have some information about you in their records related to criminal investigations, even if you have never been arrested. There...
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1 Answer | Asked in Criminal Law, Health Care Law and Identity Theft for Pennsylvania on
Q: The pharmacy gave my prescription to a person who pretended to be me , what can I do?

I told them someone was trying to steal my prescription that was a narcotic. They didn't ask for ID. I told them not to release it to anyone else on 2 different occasions days before it happened. I did file a police report.

James L. Arrasmith
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answered on Apr 10, 2024

I'm sorry to hear that your pharmacy released your prescription to someone falsely claiming to be you, despite your prior warnings. This is a serious matter, and you've taken the right first step by filing a police report. Here are some additional steps you can take:

1. Contact...
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1 Answer | Asked in Civil Rights and Criminal Law for Pennsylvania on
Q: can violations of my civil rights be a separate representation from criminal representation?

I have proof that certain entities have involved outside sources in incriminating me. Example:I deposited a legitimate check for $40,000 from my DROP retirement fund. the check was drawn on Vantagepoint Transfer LLC. It was deposited to M & T Bank some 8 years ago. At the time the deposit was... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information you've provided, it sounds like you may have two separate but related legal issues: 1) potential violations of your civil rights, and 2) criminal charges that you believe are based on fraudulent evidence or misrepresentations.

In this situation, it is often...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If a PFA was filled on me. Do I have to leave an establishment if the plantife happen to come there
James L. Arrasmith
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answered on Mar 25, 2024

If a Protection From Abuse (PFA) order has been filed against you, it's crucial to understand the specific conditions stipulated within that order. Generally, if the order prohibits contact with the plaintiff, and you find yourself in the same establishment as them, it is your responsibility... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How long does a law suit takeI was raped by brother dean of archdiocese of Philadelphia pa

Year 1980

James L. Arrasmith
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answered on Mar 24, 2024

I'm deeply sorry to hear about your experience. The duration of a lawsuit can vary greatly depending on several factors, including the complexity of the case, the jurisdiction, and the court's schedule. In general, civil cases like this can take anywhere from a few months to several years... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: Does Rule 600 apply & who can we have file it?

Hello. My son has been incarcerated since 03/27/2022 and Venango County, PA put criminal complaints filed Charges on him 3/8/2022, from an incident they said happened on 2/12/2022, (docket no. Mj-28301-cr-0000056-2022). My son has never even been arraigned or had his prelim or anything. In pa we... View More

James L. Arrasmith
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answered on Mar 20, 2024

Rule 600 in Pennsylvania refers to the right to a speedy trial, stipulating that a criminal defendant should be brought to trial within a certain period, usually 365 days from the filing of the complaint. If your son has been incarcerated since 03/27/2022 without an arraignment or preliminary... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How can you tell who asked for the continuance of a criminal court case?

Can you tell just by looking at the docket sheet? My problem is that there’s incident that is being alleged from 2020 was not filed until 2021 and we are in the year 2024 and I have not asked for one continuance. With that being said, I tried my best to leave a paper trail and asked my public... View More

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you've provided, it sounds like there are serious concerns about the numerous continuances in your case and the delays in bringing it to trial. To determine who requested each continuance, you'll need to closely examine the court records. Here's what I... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Municipal Law for Pennsylvania on
Q: curious if hanging signs much like stop signs around my area with inspirational quotes on them would that be vandalism?

a fellow named xx did it in texas a while back and didn’t face any legal consequences because it was considered as art

James L. Arrasmith
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answered on Mar 11, 2024

The legality of hanging inspirational signs in public spaces, like stop signs, depends on various factors such as local laws, the content of the signs, and the manner in which they are displayed. While the case you mentioned involving Brian Deneke in Texas may have been considered art, it's... View More

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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

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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 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

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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, 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

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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 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

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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

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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

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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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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

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2024

The U.S. Constitution grants powers to courts under Article III. I'm not certain if uses the term "statutory jurisdiction," but it outlines the extent of judicial powers in Section 2, " ...to all cases of admiralty and maritime jurisdiction; to controversies to which the United... View More

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