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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Employment Law for Pennsylvania on
Q: Is it legal for an employer to fire you right after an accident without first filing a police report,

Backed into at work and was physically pinched between the back of a truck and a cement dock and employer refused to call police, wanted employee to fill out an incident report before medical treatment was even mentioned which the employee refused to sign, and then called the employee after hours... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 1, 2020

More details are needed to analyze your situation. Were you injured in the accident? Did you and your employer discuss filing a workers' compensation claim before you were terminated? It is unlawful for your employer to terminate your employment because you pursued a workers'... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I have an felony 3 conviction from 7 years ago. I wanted to know if it would be possible to get it expunged or pardoned.

The charge was corrupting the morals of a minor. I was 17 at the time Of the incident but charged at 18.

Cary B. Hall
Cary B. Hall answered on Jun 29, 2020

Unfortunately, no. Felonies cannot be "sealed" at all under Pennsylvania's fairly-recent Clean Slate Act - and you cannot expunge a felony conviction until you're 70 years old *and* have had a 10-year period subsequent to that conviction without any arrests.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: how can I file charges on a family member for attempted murder as well as all the people who where involved.

My father in law was amitted to the hospitial for pressure ulcers on the tailbone as well as malnutreion. The pressure ulcers deterated the skin all the way down to his tailbone and poisoned his blood. My father in law is a diabetic as well as a dialysis patent with an amputated left leg. When he... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jun 26, 2020

Attempted murder has very specific facts needed. However, there are very serious charges for elder abuse and neglect of an individual needing care. You should call the police department and have a detective do an investigation. In many of these cases the physical abuse is just the tip of the... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: can someone get convicted if a witness say they see him with a gun but they didn’t find a gun cop found bullets

They locked him up I gave the detectives a statement and I’m going to go to court and repeat my statement that he pulled out a gun can you still he get convicted even if they didn’t found a gun

Cary B. Hall
Cary B. Hall answered on Jun 15, 2020

Yes, but it's certainly more likely if the gun was discovered on his person.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I was charged with possession of suboxone following a car accident. I didn't have my coat so the driver allowed me to .

Wear his. I was searched due to a warrant for fines and cost. I was charged with possession even though he said they were his and I didn't know they were in there. If I take a written or video statement from him to district court can I have the case thrown out

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jun 13, 2020

Doubtful. A written statement from him is hearsay and now allowed. There are ways of arguing around the rule but depending on who your district judge is they may not allow it. Also, the burden of proof at the district court is lower, prima facie is more like probable cause than proof beyond a... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is it legal for a 17 year old girl to have sex with her 33 year old boss in Pennsylvania?

My sister had sex with her boss, who’s 16 years older than she is. The police keep telling us that it’s legal in Pennsylvania, but my parents and I are desperately trying to find out if there are any grounds we can charge him on, such as corruption of a minor or child enticement. It is possible... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

The boss can't extort sex from her--that would be at a minimum sexual harassment--but it sounds like as far as she is concerned it's consensual.

And if it's consensual, and she is 16 or over, it is legal.

https://pcar.org/laws-policy/age-consent

imagery may...
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: What do I say to a police officer if I am stopped for open carrying a firearm in Pennsylvania?

Outside the city of Philadelphia

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Do you have a license to carry a firearm? While open carry is legal outside of Philadelphia, most police take a dim view of it, may stop you, ask where you are going, give your vehicle a look to see if there are any violations at all, will check the size of your magazine--and may take their time... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How can I get charges more than 10 years old off my record I cant find employment for them
Cary B. Hall
Cary B. Hall answered on Jun 5, 2020

You can find some information about this here: https://mycleanslatepa.com/. You can also contact a criminal defense attorney to assist you - and you probably should to help you navigate the system.

Best of luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How do I get something expunged from my record
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jun 4, 2020

Depends on what it is. If it is eligible you file a petition with the court. Most convictions are not eligible for expungement, but some are eligible for sealing. Talk to a local attorney, they can walk you through it.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: I want to display my hate for my country by creating signs that say Bin laden 2020. Is that illegal ?
Cary B. Hall
Cary B. Hall answered on Jun 3, 2020

That language? No. Where you place the signs? Perhaps, so check with your local municipality.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Dismiss criminal case After Conviction?

in Pennsylvania, can the defendant ask PA Superior Court to dismiss criminal case, even if the criminal case has gone to trial and even if the defendant is convicted in county court? if so, what grounds to dismiss case in appellate brief?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 31, 2020

There are a number of legal grounds for which you can ask the Superior Court to overturn your conviction. It's too hard to explain in this limited of a forum so its important that you contact Appellate counsel immediately. Superior Court appeals have very strict timing requirements (30... Read more »

1 Answer | Asked in Criminal Law and Probate for Pennsylvania on
Q: I have a vop out of northampton county from 2011

In 2011 i was put on probation for a misdermeanor in pa i never reported so i violated in 2014 i went to jail in florida did 30 days and paid everything off here in fl o called pa to take care of the bench warrant at the prob office they told me to pay all the costs and then pay the fee to remove... Read more »

Cary B. Hall
Cary B. Hall answered on May 21, 2020

Almost all courts and judges will require your personal appearance to remove an arrest warrant for a prior failure to appear. If you've done all that you say, and the Northampton Probation department has no objection to rescinding the bench warrant, then your chances are probably decent of... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Cops said i was getting accomplice charges but didnt cite me or take me away am I not being charged?

I was in back of a vehicle at a party drunk and legal age. I told my friends to hide my id and it happened to be jn the same car i was busted in. It was parked. There was a half ounce of dabs (weed extract) somewhere in the vehicle too.

Cary B. Hall
Cary B. Hall answered on May 20, 2020

No idea. You still could be getting a summons or citation in the mail. Most things are pretty much on hold during the coronavirus shutdown, but a lot of courts are at least partially re-opening as of June 1, 2020. Unfortunately, you won't know if you're in the clear until/unless you... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is there anyone out there in central Pennsylvania in the Bellefonte area that could help with a tampering retail theft

I have fallen on hard times and do not have the money I have a lot of questions and was wondering if there's any lawyers that do pro bono work around this area Bellefonte please reach out to me as soon as possible thank you Melissa I do have one question though the officer put on my summons... Read more »

Cary B. Hall
Cary B. Hall answered on May 12, 2020

Contact the Centre County Public Defender's Office ASAP - https://centrecountypa.gov/389/Public-Defender.

Best of luck to you.

2 Answers | Asked in Criminal Law and White Collar Crime for Pennsylvania on
Q: Is signature forgery always a crime no matter the circumstances surrounding it?

If a signature on a document is forged where there will be no financial gain, is that less serious than forging, say, a check? If a signature is forged on a birthday card, for example, without the person’s knowledge or permission, would this be punishable in court? It is, I would say, a little... Read more »

Charles E. Dutko Jr.
Charles E. Dutko Jr. answered on May 11, 2020

The short answer is "Yes," it is a crime. The key to Pennsylvania's forgery statute is that there must be an "intent to defraud or injure." Whether a crime is committed is not determined by the outcome, i.e. a financial gain by the actor, but by whether the actor's... Read more »

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2 Answers | Asked in Criminal Law for Pennsylvania on
Q: How to handle a citation?

My friend recently asked me to come over and help her because she had consumed a lot of alcohol and couldn't function properly, now I was the only 21 year old there and the cops are possibly putting a citation out due to the fact that I was there there was an alcohol Bottle and two adults who... Read more »

Ellis B. Klein
Ellis B. Klein answered on May 10, 2020

There are many questions that need to be answered before anyone can give you their opinion. Did the police tell you that you were being cited or that you would get a summons in the mail? You could potentially be charged with the crime of supplying alcohol to minors which is a criminal offense. Or... Read more »

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2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Is a victim and a person of domestic violence aloud contact even if there's no court order or PFA stating you can't?

I have criminal charges against me for domestic violence and wondered if my gf the victim are aloud contact. There is no court order or PFA stating we can't have contact.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 9, 2020

Chances are if your bail was set there was a no contact provision put in place. If it wasnt then you can be in contact with her. Be cautious though. If another incident were to happen it could lead to much more serious charges.

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1 Answer | Asked in Criminal Law and Collections for Pennsylvania on
Q: Is my wife allowed to keep my part of the money the government sent out

Been seperated for 2 months and she ordered a new card and got mine canceled behind my back so she could keep it and told me i couldnt do anything legally about it is she right

Cary B. Hall
Cary B. Hall answered on May 8, 2020

She's not right. At worst, you'll get a credit for the amount she took in any ultimate settlement between you two. At best, you could file an emergency motion with the court demanding that you get your share.

Best of luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Probation should be over

I was sentenced on October 18th 2016 to 3 years and 6 months of probation. 2 years ago I got put on unsupervised calls. I haven’t heard anything from my probation officer saying that I’m done. Do I need to go in or am I just automatically done when my time is up?

Cary B. Hall
Cary B. Hall answered on May 7, 2020

If I were you, I'd check in with your probation officer and ask for something in writing that says definitely that you're done. Better safe than sorry, no?

Best of luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I am 15 years old. I’ve never been to court but I have to go very soon for fighting. I used self defense. What do I do ?

This girl wanted to fight me because I was dating her ex boyfriend that she had cheated on. She came to me and told me she wanted to fight. I told her it was stupid and that I didn’t want to. I followed her into the bathroom with the intention to talk. She hit me first and I hit her back using... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 7, 2020

Say what your attorney tells you to say. Self defense isnt as simple as she hit me first, therefore, I get to hit her. Its a justification defense that is easily rebuttable by a DA using some of the facts you have declared on the internet. Your best bet is not to speak to anyone but an... Read more »

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