Pennsylvania Criminal Law Questions & Answers
Q: Can a Plaintiff be in violation for contacting the Defendant with a PFA?
Jonathon Luff's answer
While it is not a violation it does weaken your case to have one in the first place and if the defendant does violate it gives them a defense.
While it is not a violation it does weaken your case to have one in the first place and if the defendant does violate it gives them a defense.
Q: Carrying a firearm without a liscense
Mr. Ryan L Hyde's answer
You don't ask a question here but it can be inferred you are asking what are the potential outcomes. THe challenge of answering a question like that without a thorough intake is who knows. A lot would depend on your prior criminal history and what the actual charges are. More importantly county specific knowledge would be invaluable as different counties handle this type of case differently. The only good way to answer your question is to tell you to take the time to consult with an...
You don't ask a question here but it can be inferred you are asking what are the potential outcomes. THe challenge of answering a question like that without a thorough intake is who knows. A lot would depend on your prior criminal history and what the actual charges are. More importantly county specific knowledge would be invaluable as different counties handle this type of case differently. The only good way to answer your question is to tell you to take the time to consult with an...
Q: can I fight a pending DUI that the police didn't observe me driving and don't know when I ingested the drugs?
Mr. Ryan L Hyde's answer
Can you fight it? Sure. PA has a pretty tough DUI law. However, they do have to prove that you were under the influence when you were driving. Their observations are unimportant as if they can say you were impaired when you driving through third party testimony they can still convict you. There are ways of doing that but it is still a triable case. You should consult with a local experienced DUI attorney. They will have more experience in these types of defenses and trial experience...
Can you fight it? Sure. PA has a pretty tough DUI law. However, they do have to prove that you were under the influence when you were driving. Their observations are unimportant as if they can say you were impaired when you driving through third party testimony they can still convict you. There are ways of doing that but it is still a triable case. You should consult with a local experienced DUI attorney. They will have more experience in these types of defenses and trial experience...
Q: What are the chances of getting a charge of Int poss contr substance by per not reg dismissed or reduced?
2 Answers
| Asked
in
Criminal Law, DUI / DWI and Traffic Tickets
for
Pennsylvania
on
Answered on Mar 5, 2019
Answered on Mar 5, 2019
Jonathon Luff's answer
it depends but you need to contact a lawyer right away. If you have a detainer you need to hire an experienced lawyer to help you through this.
it depends but you need to contact a lawyer right away. If you have a detainer you need to hire an experienced lawyer to help you through this.
Q: Can I file to get my restitution payment back?
Cary B. Hall's answer
If you've already pleaded guilty, then no. If you want to contest your guilty plea, there are few appellate grounds to do so and those must be filed within 30 days -- but then you'll be headed for a trial if you will on appeal. And perhaps you get a harsher penalty or sentence if you lose at a new trial. My guess, however, is that you still want to keep the benefit of the plea deal but not pay restitution now, and that's not going to happen.
I often tell my clients in situations...
If you've already pleaded guilty, then no. If you want to contest your guilty plea, there are few appellate grounds to do so and those must be filed within 30 days -- but then you'll be headed for a trial if you will on appeal. And perhaps you get a harsher penalty or sentence if you lose at a new trial. My guess, however, is that you still want to keep the benefit of the plea deal but not pay restitution now, and that's not going to happen.
I often tell my clients in situations...
Q: Am I required to be in a room with my ex wife when theres a PFA in place?
1 Answer
| Asked
in
Criminal Law, Child Custody and Domestic Violence
for
Pennsylvania
on
Answered on Mar 4, 2019
Answered on Mar 4, 2019
Kathryn Hilbush's answer
It seems odd that your daughter's therapist would require any parent to be present during her therapy sessions since you have stated that the sessions are for your daughter and not family therapy. Some therapists do make it a practice to meet with one or the other parent individually or with the child for part of a session upon occasion, however. I'd make sure that the therapist understands that this is therapy for your daughter. On the issue of violating the PFA, to be safe, the PFA should be...
It seems odd that your daughter's therapist would require any parent to be present during her therapy sessions since you have stated that the sessions are for your daughter and not family therapy. Some therapists do make it a practice to meet with one or the other parent individually or with the child for part of a session upon occasion, however. I'd make sure that the therapist understands that this is therapy for your daughter. On the issue of violating the PFA, to be safe, the PFA should be...
Q: My husband was arrested for sitting in a car that was not his. what would the charges be?
Jonathon Luff's answer
Sounds like he could be charged with unauthorized use of a motor vehicle. Or even stealing that vehicle. You should reach out to a lawyer right away.
Sounds like he could be charged with unauthorized use of a motor vehicle. Or even stealing that vehicle. You should reach out to a lawyer right away.
Q: Does a rule 600 waiver affect the 180 day rule?
Cary B. Hall's answer
Yes. And presuming that you're referring to speedy trial rights when you say "the 180 day rule."
Yes. And presuming that you're referring to speedy trial rights when you say "the 180 day rule."
Q: will my fanice go to jail?
Cary B. Hall's answer
No idea -- but his probation agent would know. I suggest he contact that agent to discuss the intentions of the probation office.
Best of luck to him.
No idea -- but his probation agent would know. I suggest he contact that agent to discuss the intentions of the probation office.
Best of luck to him.
Q: I my attorney deals with my estate matters, can I use the same attorney to represent a family matter in a criminal case?
Steven Pacillio's answer
There is nothing that prohibits an estate attorney from representing a person in a criminal matter. However (and this is a BIG however), would you let a heart surgeon operate on your brain, saying that a surgeon is a surgeon? I would not recommend it. Just as with any service you are seeking, you want to be certain that the person you hire has experience and expertise in the field. If any of my family members needed representation in a criminal case, I would want an experienced criminal...
There is nothing that prohibits an estate attorney from representing a person in a criminal matter. However (and this is a BIG however), would you let a heart surgeon operate on your brain, saying that a surgeon is a surgeon? I would not recommend it. Just as with any service you are seeking, you want to be certain that the person you hire has experience and expertise in the field. If any of my family members needed representation in a criminal case, I would want an experienced criminal...
Q: After a sentence is handed to an inmate and trial is over. Can a sentence be modified again
Cary B. Hall's answer
A motion for modification on various grounds can be filed within 10 days of the sentencing. Of course, a successful appeal can also result in a new sentence as well.
A motion for modification on various grounds can be filed within 10 days of the sentencing. Of course, a successful appeal can also result in a new sentence as well.
Q: Can a lawyer go to the judge for a bench warrant and reschedule a court date
Cary B. Hall's answer
Difficult to answer your question as phrased and without any more context or case information, but . . . perhaps?
In a criminal case, the lawyer that would typically ask for a bench warrant is the prosecutor -- who would certainly ask a judge for an arrest warrant for a defendant that didn't show up for court. I suppose a defense attorney could also ask a judge for an arrest warrant for a subpoenaed trial witness that didn't show up at a scheduled trial as well. If a trial couldn't...
Difficult to answer your question as phrased and without any more context or case information, but . . . perhaps?
In a criminal case, the lawyer that would typically ask for a bench warrant is the prosecutor -- who would certainly ask a judge for an arrest warrant for a defendant that didn't show up for court. I suppose a defense attorney could also ask a judge for an arrest warrant for a subpoenaed trial witness that didn't show up at a scheduled trial as well. If a trial couldn't...
Q: bench warrant lifted before hearing motion to dismiss my charges.issued lawyer told me jury selection being resheduled.
1 Answer
| Asked
in
Criminal Law, Civil Rights and Constitutional Law
for
Pennsylvania
on
Answered on Feb 11, 2019
Answered on Feb 11, 2019
Q: I have a warrant to come in and be fingerprinted can they arrest me1
Jonathon Luff's answer
What is your warrant for? If they have an arrest warrant then yes they can arrest you. If you are turning yourself in, you should contact a lawyer and have them accompany you. You should NOT speak to the police about whatever they are bringing you in for. It is of vital importance that you call an attorney before you turn yourself in.
What is your warrant for? If they have an arrest warrant then yes they can arrest you. If you are turning yourself in, you should contact a lawyer and have them accompany you. You should NOT speak to the police about whatever they are bringing you in for. It is of vital importance that you call an attorney before you turn yourself in.
Q: Lease in someone elses name and the cops came in house with a warrant for me without knocking and announcing, legal? PA
Jonathon Luff's answer
This question has a lot of moving parts to it. If the house is not yours but the cops had a warrant for your arrest and they knew that you were in there, then there is a good argument that they would have needed a search warrant for the house to go and get you. However that will not do much for your arrest as I do not believe you have any real remedy for that. As far as what was found in the house, drugs, there is a good argument that you do not live there so the drugs are not yours. This is a...
This question has a lot of moving parts to it. If the house is not yours but the cops had a warrant for your arrest and they knew that you were in there, then there is a good argument that they would have needed a search warrant for the house to go and get you. However that will not do much for your arrest as I do not believe you have any real remedy for that. As far as what was found in the house, drugs, there is a good argument that you do not live there so the drugs are not yours. This is a...
Q: Can I use mental illness as a defense for simple assault and terroristic threats?
Jonathon Luff's answer
You could use your mental health as a defense to a crime. Many counties have mental health courts that specialize in cases like this. You should speak with an attorney who has experience dealing with mental health court in your county.
You could use your mental health as a defense to a crime. Many counties have mental health courts that specialize in cases like this. You should speak with an attorney who has experience dealing with mental health court in your county.
Q: Can a hospital call my po and give them drug test results even if my po didnt even ask for them
Jonathon Luff's answer
I am not sure how the hospital would know that you are on probation or parole unless you told them. I'm not sure why the hospital would care enough to do that. Ultimately I dont believe that they would do this without your consent. I do not believe that they can do this without your consent either.
I am not sure how the hospital would know that you are on probation or parole unless you told them. I'm not sure why the hospital would care enough to do that. Ultimately I dont believe that they would do this without your consent. I do not believe that they can do this without your consent either.
Q: where is the line in cyber stalking?
Jonathon Luff's answer
No this would likely not be considered stalking. The law has not caught up to where technology has gone yet. This would not be stalking in my opinion. You can block someone from contacting you on most sites. Stalking would require continuous behavior and not just one or two creepy messages.
No this would likely not be considered stalking. The law has not caught up to where technology has gone yet. This would not be stalking in my opinion. You can block someone from contacting you on most sites. Stalking would require continuous behavior and not just one or two creepy messages.
Q: What will happen if someone violates probation for the first time by sleeping through a 9am checkin? (in PA)
Jonathon Luff's answer
missing a probation check in is a violation and depending on how long you have been on probation and which judge and probation officer you have will go a long way as to what could happen to you. Also it will matter what you are on probation for. Many times a judge will tell someone that if they violate they will sentence them to jail. If this is not the case and you were just late to your check in then chances are a judge will be lenient. If you did not show up because you were late then I...
missing a probation check in is a violation and depending on how long you have been on probation and which judge and probation officer you have will go a long way as to what could happen to you. Also it will matter what you are on probation for. Many times a judge will tell someone that if they violate they will sentence them to jail. If this is not the case and you were just late to your check in then chances are a judge will be lenient. If you did not show up because you were late then I...
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