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Pennsylvania Criminal Law Questions & Answers
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.

Ryan L Hyde
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... View More

Ryan L Hyde
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... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: How do I beat a case when the officer was in the wrong

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

Ryan L Hyde
Ryan L Hyde
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

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: do the law count the time from when the felony was caught or once the sentence was over.

the felony was in another state and it is over 15 years old. it happen in the 90s and release 2005

Steven Pacillio
Steven Pacillio
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

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I have legal questions on a behalf of an inmate on his criminal case.
Cary B. Hall
Cary B. Hall
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.

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: What is the specific PA statues for simple assault
Cary B. Hall
Cary B. Hall
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...
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1 Answer | Asked in Criminal Law and Employment Law for Pennsylvania on
Q: What can I do if I get fired for a situation where another employee approached me with a weapon and threatened me harm?

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

Peter N. Munsing
Peter N. Munsing
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...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can you be charged with attempted homicide for hit and run? No injured party?
Ryan L Hyde
Ryan L Hyde
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

2 Answers | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Pennsylvania on
Q: Am I able to if I am compelled to report to Jury Duty during the Covid-19 epidemic and get infected?

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?

Cary B. Hall
Cary B. Hall
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.

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3 Answers | Asked in Criminal Law, Immigration Law and Personal Injury for Pennsylvania on
Q: Hi, i recently got assaulted by my ex's new man. Can a person with DACA sue that person? Can i get in trouble?

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

Cary B. Hall
Cary B. Hall
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...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hi, I was wondering if you could tell me if this trespassing citation is a felony or misdemeanor.

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.

Ryan L Hyde
Ryan L Hyde
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.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Brother and sister entered my home when nobody was here and stole my guns knives and personal property
Steven Pacillio
Steven Pacillio
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

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: outstanding charge F3 - 3929 A5 - removing security tag - apparently outstanding warrant

My boyfriend apparently was seen removing a security tag from an item at a store. He changed his mind and left the item and the store and was unaware that it was even seen. We recently learned of an outstanding warrant for this incident. He has an extensive criminal history, however has been... View More

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

The best plan is for him to hire an attorney NOW, and for that attorney to contact the police officer that filed the charges against him. Perhaps something can be worked out from the start, and maybe even have the charges withdrawn. In any case, perhaps he can avoid arrest and incarceration from... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Someone owes you money. They give you their debit card. They end up dying. You withdraw the money. Is it theft

The child of the deceased wants to accuse you of theft

Ryan L Hyde
Ryan L Hyde
answered on Apr 5, 2020

So, you used a dead persons debit card to take out money. Unless you have written loan papers or a written authorization I'd be pretty worried. Talk to a local experienced defense attorney. There may be defenses to this type of case, and do not talk to the police before you have talked to... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Pennsylvania on
Q: Does my wife have grounds to file a pfa on me?

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Melinda Previtera
Melinda Previtera
answered on Apr 3, 2020

There are probably more details about your situation which were not included with your question. You may want to revise your question or reach out to an attorney to get specific information about your case if your wife has filed a PFA.

--Melinda Previtera | Petrelli Previtera, LLC |...
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1 Answer | Asked in Criminal Law and Municipal Law for Pennsylvania on
Q: How can I clear my background check per fine careless driving a few 4 yeas ago, please ...

Was happened in Hershey, an exit of the hospital a stop bus inside the the place

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Apr 2, 2020

The law says you have to wait 5 years from the date of conviction before you can file to expunge the case.

1 Answer | Asked in Criminal Law and Civil Litigation for Pennsylvania on
Q: Can my old criminal history be used against me in a civil trial if I take my neighbor to court for noise violations?

I have a criminal history that involves several incidents of various identity theft crimes, some of which were felonies. It was resolved 10 years ago when my parole ended. After trying mediation with my neighbor he still allows his dog to bark incessantly every day for hours. I have PTSD from my... View More

Cary B. Hall
Cary B. Hall
answered on Mar 31, 2020

Why don't you just contact the police about the dog disturbing the peace? Let the cops handle it, and tell them you want to file charges against your neighbor.

To answer your question, however, your criminal history would only be relevant as to "crimin falsi" convictions --...
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2 Answers | Asked in Criminal Law for Pennsylvania on
Q: How can I obtain a copy of my discovery from a criminal court case in 2005.
Steven Pacillio
Steven Pacillio
answered on Mar 30, 2020

Unfortunately, if the case closed out in 2005 it has been about 15 years (depending on the exact date), so it is unlikely that your attorney still has the file. The Rules of Professional Conduct do not require attorneys to keep files for 15 years. The file has likely been destroyed. Regardless,... View More

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