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.
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... Read more »
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.
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... Read more »
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...Read more »
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... Read more »
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...Read more »
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... Read more »
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...Read more »
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.
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...Read more »
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...Read more »
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... Read more »
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...Read more »
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...Read more »
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... Read more »
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...Read more »
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...Read more »
There isn't enough information to even make a educated guess. Many different circumstances and factors will be considered (or should be) by the Court when fashioning a reasonable sentence. The Court will consider that this is not a guilty plea (as your question points out "found...Read more »
You should apply for a public defender in your county or contact the bar association for an attorney that will accept reduced rates. Additionally, you will find that attorneys will sometimes accept payment plans depending on circumstances.
I was pulled over for registration being expired, the cop said he smelled weed and then searched my car after telling me if I don’t consent he would make me wait for a drug unit dog to come in. He found 8grams of weed, .5 grams of wax and some paraphernalia. ( I have me medical card for... Read more »
Likely possession of both marijuana and paraphernalia. Depending on other circumstances, you could be facing additional charges. I suggest retaining an attorney to assist you and ensure any potential pentolites are kept at a minimum.
Contrary to popular belief, furthered by depictions in TV and movies, the police are not required to advise a person of his/her Miranda rights merely because they are being placed under arrest. In many cases, the arrested person is never advised of their Miranda rights and this is completely legal....Read more »
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