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: 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 Perhaps something can be worked out from the start, and maybe even have the charges withdrawn.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?

Sgbkk

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 |...
View More

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 --...
View More

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

View More Answers

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Should I be too concerned over a disorderly conduct ticket?

I got a disorderly conduct because I swore at a cop and he threatened me and tried to open my door while I was driving so I drove off like 10 feet down the road and couldn't see his lights because the back of the suv was full. I have no record and am scared to death of this, is this something... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 30, 2020

you should be concerned because some jobs will take it seriously. Do contact a lawyer. You are lucky he didn't charge you with more, so if your lawyer says take it take it.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Can they take your driver's license for over 2 years for underage drinking? Section 6308.

I was underage and intoxicated, I was also just walking home. I dont see how they can take it for that long.

TERM SUSPENSION/REVOCATION

-You have a 2 YEAR(S) suspension/revocation that began(or will

begin) on 05/20/18 and will end on 05/20/20. The suspension/revocation... View More

Ryan L Hyde
Ryan L Hyde
answered on Mar 26, 2020

Because under the old rules the statute allowed them to do that. If it was not a second offense underaged talk to an experienced PennDOT attorney about appealing it.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Can they suspend your driver's license for underage drinking for 2 years, I was not in a vehicle or even close to one

I was walking home intoxicated. I wasnt even driving and they took my liscence for over 2 years.

Ryan L Hyde
Ryan L Hyde
answered on Mar 26, 2020

Under the old rules they could for a second offense. They changed the statute a while back.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I was harrassment a person by telephone for 4 years my friend that works with him gave me guy number I just kept harra.

Got questions on harrassment by phone on Pennsylvania what are degree of charge I heard some are sumor offense and other is misdemeanor 3 what are degree of harassment in Pennsylvania

Ryan L Hyde
Ryan L Hyde
answered on Mar 26, 2020

Can be both or neither. There are m3 harassmemts, there are summary harassments, and there are m1 stalkings. Could be any ir all of these charges. Report it to the police and let them sort it out.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hello, I am interested in finding out more information about the ramifications on those charged w/ Terrorist threats.

Is it possible to purchase a firearm and acquire a CCL? It has been ten years since I was charged with this type of crime and I am actively looking to expunge it so I can take up my hobby of shooting and being able to protect my family again.

Ryan L Hyde
Ryan L Hyde
answered on Mar 23, 2020

The challenge is that you are likely prohibited by federal law from possessing a firearm. This is for two reasons, the fact that your punishment could have been for more than 1 year and secondly because it was for a crime of violence. The feds define crime of violence as "an offense that has... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I accidentally set off an alarm at a community college, and was stopped by the police. And I'm worried.

I was doing my routine walk around the local community college, and I usually stop inside a building for water and food. And I accidentally set off an alarm because apparently the campus is on lock down for COVID-19. And I was not informed about this, so I went to the campus police. But before I... View More

Ryan L Hyde
Ryan L Hyde
answered on Mar 22, 2020

Highly dountful. Unless tou left out some facts the most to be worried about would be a summary trespass violation. Summary trespass would come in the mail. You made an admission which they can use against you. If you have a clean record and there are no missing facts a citation is the most... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: A felony 3 in step it intercepted of communication. Indecent expose m3 m1 corruption's of Minor 2 summary charges.

What is my gravity score in Pennsylvania

Cary B. Hall
Cary B. Hall
answered on Mar 19, 2020

You're asking very specific, technical questions concerning sentencing guidelines calculations, and I'll do my best to answer based on the information you've provided. The *current* offense gravity scores are as follows for the crimes you've listed:

Criminal Use of a...
View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My adult son viewed illegal content online but did not download anything. Is there a possibility of legal ramifications?

My son stumbled upon illegal content on the internet. He closed it after he realized what it was but fears he may be charged. He is worried sick and we've only found conflicting information as to whether authorities even bother with cases that do not involve posession. Does he have anything to... View More

Cary B. Hall
Cary B. Hall
answered on Mar 18, 2020

Yes, he could have valid concerns. By "viewing" a picture or video online, you still could be downloading content -- and authorities tracking certain illegal sites could be investigating every IP address that logs onto such file-sharing sites. You just don't know.

I would...
View More

1 Answer | Asked in Sexual Harassment and Criminal Law for Pennsylvania on
Q: I am being stalked and harassed via the web. Lewd, lacivious, awful calls and texts. All “anonymous” from an app.

These calls and texts also being sent to my loved ones, saying horrible and awful things about me. Also trying to extort money and property from my family, specifically my mother. I know who it is but cannot prove it without the subpoena from the app Text Free. This person is also sharing personal,... View More

Cary B. Hall
Cary B. Hall
answered on Mar 18, 2020

Initially, file a report with your local police. They should be able to get the subscriber information from Text Free, and then press charges against the individual from there.

If the individual has some assets, you can then consider filing a civil lawsuit against that person later....
View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: A friend and I may have been involved in an assault. I dont think that what we did was illegal but I want to know.

I was outside a bar with a friend waiting for a ride. Another man threatened my friend by saying "I'll break your neck before you hit the ground," after a situation escalated. He then pinned my friend (who was non-violent at the time) to a wall and my friend punched him numerous... View More

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Mar 8, 2020

What you did is considered an assault under the law. However, if you have a defense, such as self defense or defense of others to conduct is considered justified. That being said, the fact that you fled the scene shows what they call consciousness of guilt, and if the other party gives a statement... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I got an underage drinking charge and was wondering if I could get my license suspended. I’m under 18 years old
Cary B. Hall
Cary B. Hall
answered on Feb 24, 2020

No - that law changed last spring (2019). No driver's license suspension for underage drinking citations any longer.

Best of luck to you.

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Can I obtain free legal aid for my child who was assaulted

Original officers said they can’t do anything because the marks are no longer visible

Hit with a belt in head, back and neck

Ryan L Hyde
Ryan L Hyde
answered on Feb 23, 2020

Free legal aid to do what? Id you are going to sue the person who assaulted the child you would need to seek out civil counsel. They would be able to determine whether the case was worth any money or not. If you are looking for aomeone to charge criminally, you can ask the district attorneys... View More

View More Answers

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Pennsylvania on
Q: Can I contact the DA about an overdose death investigation that I believe is taking too long, and how?

December 31, 2018 my daughter father/ my best friend died from an overdose. No one ever contacted me, his girlfriend, or his mother during this course. I found out who was in charge of his investigation and she asked me to come, she told me alot and what she could, now a new person is in charge. I... View More

Ryan L Hyde
Ryan L Hyde
answered on Feb 18, 2020

There is a lot of information missing here to give you a good answer. Reaching out to the District Attorneys office would be a normal course of action. Keep in mind they may know nothing about the investigation but many times, depending on county, if its a drug delivery resulting in death... View More

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: If my accusor passed away earlier this month will my case be thrown out?

I was accused of forgery from a woman that I was doing landscaping for, she recently passed away and I received a plea agreement from the state, I have not accepted it, as most officers have told me that the case will be thrown out. What are my next steps from here, will this case be thrown out?

Cary B. Hall
Cary B. Hall
answered on Feb 17, 2020

Likely, but not necessarily. If she gave a statement to the police or District Attorney's Office before her death, there may be a way they can get that statement into evidence in a trial against you (as well as hearsay from her before her death as told to police officers, etc.). So... 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.