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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?
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
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
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
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.
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
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
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.
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
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
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
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
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.
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.
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
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.
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?
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.
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... View More
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... View More
I got arrested because I was supposedly being belligerent but they did no say I was being charge with anything until they decided to be aggressive with me while I was being held down by seven officers while intoxicated and having a panic attack. They tased me 2x, I bit and officer in the process... View More
answered on May 7, 2020
The thing that I struggle with on questions like this is there are a lot of missing facts. Please dont share them here, but those facts are important to determining whether or not you have an actual defense or a potential wrongful use of force case. I am assuming you are charged with aggravated... View More
the felony was in another state and it is over 15 years old. it happen in the 90s and release 2005
answered on May 1, 2020
Please provide more details. What are you trying to count? If you are looking for an expungement, that would need to be filed in the state where the conviction occurred. The expungement laws vary from state to state. I know you said it was in another state, but by way of example a felony conviction... View More
answered on Apr 30, 2020
Try posting another question here with (1) the details that you know about his case, and (2) what you're asking about.
Best of luck to you.
answered on Apr 29, 2020
18 Pa.C.S. section 2701 ("simple assault") is the one you're looking for, but that entire Chapter 27 deals with assault-related offenses.
Those charged with simple assault are almost always also charged with 18 Pa.C.S. section 2709 ("harassment") as well, which is... View More
The man came at me with an object threatening to kill me, I made more than a few attempts to back up but each time he stepped into me. I refused to turn and walk away for fear he would strike me with the object. We were both sent home with pay for the day but I now fear I may be fired. I tried to... View More
answered on Apr 23, 2020
You can receive unemployment compensation and if they say you were guilty of "willful misconduct," it wasn't misconduct and it wasn't willful.
You may have other claims but a lot depends on what happens and what the reasons are. For now, take it one step at a time. When... View More
answered on Apr 22, 2020
In Pennsylvania you can be charged for Attempted Homicide if you intended to cause death or serious bodily injury and took a substantial step towards doing so. They are notoriously hard cases to prove. The hit and run aspect of it makes me wonder about the particular aspects of your case and what... View More
Hello, I have Jury Duty on May 11th in the city of Philadelphia. PA extended their lock down till the 8th.
I am seriously frightened of getting the virus.
If I have to go and I get the virus, can I sue the city of Philadelphia for putting me in that position?
answered on Apr 22, 2020
Probably. But wait and see: at least one other surrounding county has extended their judicial shutdown through the end of May, and Philadelphia may do the same in the coming weeks. I bet it will.
Best of luck to you, and wash your hands.
I have text messages of him getting upset that i was texting my ex. I wanted my shirt back of that she had and he was saying to stop texting her if not he can go about it another way. I texted him saying I'm not here to take her back or anything i just wanted to ask her a question about... View More
answered on Apr 14, 2020
If you have an unsure immigration status, it's always risky to contact the police. I'm not an immigration attorney, and do not know about the nuances of your DACA status. You should speak to an immigration attorney about that.
In general, however, it sounds like this is not... View More
Under charges it says 18 s 3503 as B1ii and next to that it says Def Tres Posted. There is no plea for this charge yet and i don't know what to do.
answered on Apr 10, 2020
Defiant trespass is a misdemeanor of the 3rd degree. Talk to an attorney. Lots of ways to work it out so it comes off your record.
answered on Apr 9, 2020
You need to provide more information and formulate a question so that attorneys can weigh in with replies. If the brother & sister took your property you should report it to the police immediately -- especially since there is a gun involved. Should something happen with that gun and you did not... View More
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