Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Criminal Law Questions & Answers
Q: Neighbor filed a municipal complaint stating that I'm harassing her because I called police regarding noise& loud party
Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You have to look at the complaint. Chances are it says more. You need to respond to the complaint.

2 Answers | Asked in Criminal Law, Foreclosure and Elder Law for Pennsylvania on
Q: My 71 yr old father is facing forclosure due to a scam.

My father got involved with a woman facing legal troubles and believes he is funding a big top secret lawsuit against a gov. agency. However, no legitimate lawyer is ever produced when asked and some tragic event always occurs to prolong the case. It's been 5 yrs. He gave away all of his... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 19, 2021

If your father refuses to sign any documents, even for a loan from you, you can (if the amount is doable) approach the holder of the Note and Mortgage and offer a pay-off in exchange for an assignment of the existing Mortgage and endorsement of the Note to you. The bank should be happy to work... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: what is the typical procedure when someone is in jail for simple assault charges but cannot post bail & has court 5/19

What happens at the court appearance? How long can he be in jail for?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 17, 2021

If they can't post bail the sherrifs will take them to court. It does depend on the court listing and/or the status of the case. Many counties are still usimg video conferencing to handle court proceedings for inmates. His attorney could apply for a bail modification if nothing else is... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: What is the legal statue on filming a minor at a public park in Pennsylvania with out parental consent?
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 11, 2021

Simply video taping in a public place, even a minor, is not in and of itself a crime or cause of action. Consent or permission would not be required. However, if the video tape were being used for some illicit purpose, sexual gratification, or was taken in a place where the person who had a... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Why does a case i have say inactive and i dont have a warrant
Ellis B. Klein
Ellis B. Klein answered on Mar 30, 2021

Inactive generally means an arrest warrant was issued. You need to get a lawyer to assist in turning you in and arguing for bail.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What can I expect following a federal indictment involving myself as an associate of the accused and my home was raided?

Raid by the ATF and state police in which I was only detained and questioned then released. They confiscated items and did not leave much explanation as to what lead to a search warrant. I was not charged and still have not been, however, less than a week following that raid, another set of raids... Read more »

NiaLena Caravasos
NiaLena Caravasos answered on Mar 28, 2021

You are likely in great jeopardy and the sooner you act, the better off you'll be. You need to consult with an experienced and top-notch criminal defense attorney in order to discuss your personal circumstances and figure out what your best options are at this point. You should act quickly... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What's the worst thing that can happen, I love in pa. Schedule 1 paraphenalia

Clean record

Ellis B. Klein
Ellis B. Klein answered on Mar 22, 2021

Well, the worst thing that can happen is that you could go to jail and have a permanent record. However, that usually does not happen on a paraphernalia case if you have no prior record. Get a lawyer. You are charged with a crime and should have a lawyers representing your interests. You may have a... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Charged with 1543A in 2019. this year trying to charge me with 2nd 1543B from a DUI in '09& 1543B in 14'. How?

License currently suspended indefinitely for 1533D failure to respond to traffic citation for unpaid fines but they are trying to say its DUI suspended. How is that possible when I havent gotten any new DUI Charges and in 2019 i got pulled over and it wasn't dui suspended and i only received... Read more »

Ellis B. Klein
Ellis B. Klein answered on Mar 21, 2021

You need to get a lawyer immediately. The law says that if your license was suspended for a DUI it will always be suspended until and unless you get your license reinstated. It doesn’t matter if the DUI is one year old or 30 years old. If you never got your license back then you are looking at a... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Pennsylvania on
Q: Can my brother come back to the states from Korea after leaving without finishing his cases in 2015?

My younger brother as an international student was charged with misdemeanor and felony in 2015 in Philadelphia but left for Korea due to his medical conditions without finishing his hearings. Per my search, his cases had active warrany but now they are inactive. I'd like to hire a lawyer who... Read more »

Adan Vega
Adan Vega answered on Mar 20, 2021

You and your brother will need to engage an experienced criminal law attorney in the jurisdiction where the charges were filed.

Good luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Does theftbydeception apply to a PA Youtuber who took superchat money from people and lied saying it goes to St Jude

If you search Diane's Channel Scam on YouTube you will find many videos on this subject. We estimate the total to be $30,000-60,000. The amount is too low for anyone to prosecute as fraud. Can individuals who gave money press charges in PA for theft by deception if they can prove they gave $50... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

Contact the Attorney Generals fraud division.

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: What are defenses to Delivery of Drugs Resulting in Death (DDRD) charge against a doctor who prescribed opiates?

The autopsy report shows that the following three drugs were in the patient's body: morphine, oxycodone, and heroin. The coroner did not state whether the amount of heroin was sufficient to cause death.

Only morphine and oxycodone were prescribed. The amounts of the opiods prescribed... Read more »

R. Davis Younts
R. Davis Younts answered on Feb 28, 2021

Theses are difficult cases given the way the law is written. The acquittals I have won in the past have usually been tied to the science and actual cause of death. Showing a particular action was not the cause of death or the only cause of death is critical.

View More Answers

1 Answer | Asked in Criminal Law, Products Liability and Animal / Dog Law for Pennsylvania on
Q: What to do if your Pet Airline Delivery Service disconnected their phone line and is unresponsive to their emails?

They have THOUSANDS of my own personal savings that they have told me is completely 100% refundable. Not only that, but they have my baby puppy. I’ve been uninformed throughout this whole thing about anything and I just want my puppy and money. This whole thing is making me physically sick.

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

Contact your local Animal Rescue League. Contact any national office. Contact your DA and the Consumer protection Division of the AG's Office in Harrisburg.

Send a demand letter to the group. If you call my office I will tell you what to do.

All the best.

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: I was just stopped for my seventh driving without a license in Pennsylvania which is code 6503 my last defense was in

2012 says operated vehicle without valid driver's license is subsequent events within seven years section 6503 applies she driving like it my last offense happened in 2012

Ellis B. Klein
Ellis B. Klein answered on Feb 22, 2021

If this is your 7th conviction for driving on a suspended license, there is mandatory jail time associated with this of 30 days to up to 6 months. If the license was suspended for a dui, the jail time is substantially longer. You should retain an experienced traffic defense attorney asap to assist... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can I be imprisoned for a very small amount of Ganga found during a vehicle search after spending two days in jail?

Traffic stop with voluntary search,

Ellis B. Klein
Ellis B. Klein answered on Feb 18, 2021

Unlikely. I am wondering why you had to do any time in jail at all. Usually, these cases are done by summons where the charges are mailed out. You should speak to a lawyer. Sometimes these cases can be negotiated to a non-criminal fine or perhaps a first time offender program. Many of us give free... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: How do I report a violation of a no contact order that was a third party contact in PA

He contacted my mom to talk about my son. Who is not his son.

Timothy Kraeer
Timothy Kraeer answered on Feb 18, 2021

I'm guessing that you are referring to a PFA? Or is this a pre-trial bail condition? If it truly is a violation, you can contact your local police department or the district attorney's office to report the violation. They will investigate and determine whether the contact was a violation... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Need advice about 2 drug charges i got never been in trouble before
Ellis B. Klein
Ellis B. Klein answered on Jan 22, 2021

Call a local criminal defense attorney to discuss the case. Most of us will give you a free consultation over the phone. If you have no prior record you may be eligible for a program where the charges eventually get dropped and expunged. Good luck!

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hi, at pretrial my case was dismissed app.a month ago. I just found out its been refiled.is that double jeopardy.?
Ellis B. Klein
Ellis B. Klein answered on Jan 19, 2021

No, it’s only double Jeopardy once there is a trial in front of a judge or jury. The state is permitted to re-file charges and you should get an experienced lawyer to defend you if you have not already. Good luck

1 Answer | Asked in Insurance Bad Faith, Wrongful Death, Criminal Law and Legal Malpractice for Pennsylvania on
Q: The cops parked in our bar parking lot, facing the door, and watched customers exit this business, get into their car.

The cops then pulled this person over for suspicion of DUI....is this some firm of entrapment?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 16, 2021

Entrapment is an officer inducing you to do something you wouldnt otherwise do. Which is not the caae here. However, simply leaving a bar parking lot is probably insufficient for a car stop.

With other factors present it can be considered by the officer in forming reasonable suspiscion...
Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Trying to resolve pending charges in pennsylvania

I have two pending charges in pennsylvania for harassment and disorderly conduct from 12/2017. The incident took place the day before I was set to move back to Oklahoma. I left the scene before cops arrived, therefore was not arrested, nor did I go to court or receive any mail. I have no previous... Read more »

Ellis B. Klein
Ellis B. Klein answered on Jan 16, 2021

There is very likely an arrest warrant issued for your arrest for failing to appear. You will need to address this because if you do not eventually you can be picked up by police on the warrant. If you get picked up out of state they can hold you in jail until you were extradited which could take... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What can be used in defense of someone accused with providing false information to a police officer?

The person provided law enforcement with what they believe, or had reasonable grounds to, was the truth of the situation. The defendant has a prior charge only a few years old in which the same was accused and the defendant did not contest the charges at that time, although just like this... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 14, 2021

With all due respect... what? Not trying to be rude but there is literally no way of answering this question. You, very appropriately, try to keep the details sparse so you cant be identified but they are so sparse I can't fathom how you could hope to get a response.

From what I...
Read more »

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.