Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My son was in a bad place and shopped lifted to support his kids, was it right no?

But he got caught pleaded guilty I was given a court date but then covid-19 happened. In the meantime they must have ran his picture through other videos and found him three more times in another Walmart. Warrants were served to my mother's house which she never received what's somebody... View More

Ryan L Hyde
Ryan L Hyde
answered on Jul 14, 2020

Regrettfully, there is no way to answer your question of whether or not he is going to jail. The reason most people recommend talking to a lawyer is because there are several factors that go into setting bail. The severity and number of charges is one. Prior history is another. Family support... View More

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: I need help with my boyfriend case

My little brother was there during it all he told the cops his side and my boyfriend got arrested because my brother told his if he touch me he would stab him so my boyfriend told him he would shot him they locked his guns up and left them i wasn't strangled i didn't need medical help his... View More

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Jul 13, 2020

Stangulation is a felony and he could face substantial jail time if convicted. Get a lawyer asap. If he can't afford one, apply for the Public Defender. If the victim does not want to prosecute, that will help, but that doesnt mean the case automatically goes away. Get a good lawyer and quickly!

View More Answers

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: My friend posted pictures of is his ex gf in without her face in it and was supposed to have a court date for it.

Even though she was the one who sent the photos to him at the time and he was on the wrong for sending them out but they are both minors so what would be the penalty for them and for some reason he hasn’t gotten a call or anything from the policeman that was supposed to call him and it’s been 5... View More

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Jul 13, 2020

He needs to get a lawyer immediately because what you described is child pornography which would require him to register as a sex offender.

1 Answer | Asked in Domestic Violence, Juvenile Law and Criminal Law for Pennsylvania on
Q: How is my 13 year old expected to pay a citation ?

My 13 year old son was issued a citation for harrassment after hitting his mother in the arm with an outside trashcan, as self defense, after she repeatedly smacked him in the face up to 6-7 times, how is he expected to come up with $300, and can I fight it

Maurice Mandel II
Maurice Mandel II
answered on Jul 5, 2020

First question, with cash, preferably obtained from his mother. Second question, no, but HE can fight it, and if you are a parent with custody , you have to be there to do so.

Justia disclaimers below, incorporated herein.

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... View 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'... View 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... View More

Ryan L Hyde
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... View 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

Ryan L Hyde
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... View 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... View 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...
View 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... View 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
Ryan L Hyde
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?

Ryan L Hyde
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... View 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... View 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... View 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... View 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... View 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... View 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... View More

View More Answers

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... View More

Ellis B. Klein
PREMIUM
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... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.