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Pennsylvania Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Pa juvie aggravated assault charges against a police officer when video evidence shows that he ran past them
Cary B. Hall
Cary B. Hall answered on Aug 13, 2019

And your question is? Sounds like you should have your attorney review the video with the assistant district attorney and talk about having the case dismissed . . . .

Best of luck to you.

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1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: If I'm afraid my husband might hurt me, should I put it in writing to my family members/friends?
Penelope A. Boyd
Penelope A. Boyd answered on Aug 8, 2019

If you are afraid your husband may hurt you, you should contact your local domestic violence program immediately. Find out your options and make a plan for your own safety. You may be eligible for a Protection from Abuse order or be able to take other action to protect yourself.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: 1. Under NJ law is the u-haul company itself defined as a cargo carrier?

I narrowed an overdue rental and was charged with receiving stolen property 3rd degree and unauthorized use although I was not the renter.

Cary B. Hall
Cary B. Hall answered on Aug 6, 2019

If you want an answer about New Jersey law, I suggesting posting your question in the New Jersey section -- not Pennsylvania.

Best of luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How can I keep a 19 year old boy away from my 15 year old daughter. The police said I can’t do anything.
Cary B. Hall
Cary B. Hall answered on Aug 4, 2019

Sounds like the police are being lazy and don't want to get involved. Have you tried contacting the 19 y.o.'s parents?

More importantly, have you laid down the law with your daughter? You can't control the rest of the world, but you can certainly have influence over your own children....
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If someone is highly medicated because of mental health issues and is badgered into signing it, is it legal

This girl was pulled over and her boyfriend was taken somewhere while she was brought back to her apartment and she's on a lot of medication and is borderline retarded when she's on them then the cops yelled at her about never seeing her kids again and being locked up for 20yrs unless she signed a... Read more »

Cary B. Hall
Cary B. Hall answered on Aug 2, 2019

Sounds like she needs to hire an attorney, and fast.

Best of luck to her.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How long after pfa is withdrawn can someone get their weapons back that were relinquished?
Cary B. Hall
Cary B. Hall answered on Aug 2, 2019

Immediately. The respondent should contact the local police (or whoever has the relinquished firearms) and arrange for pick-up. Have a copy of the court docket which notes that the PFA was withdrawn.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What does code 18SS30502SSA3 mean?
Cary B. Hall
Cary B. Hall answered on Aug 1, 2019

Usually "ss" means "section" or "subsection." It's probably Title 18 ("Crimes & Offenses") of the Pennsylvania Consolidated Statues, but there's no section 30502 in that -- that's too big a number. Section 3502, however, is "Burglary," and subsection (a)(3) reads:

"(a) Offense defined....
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1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Pennsylvania on
Q: In regards to the previous question of minimum requirements of due process, at a local level

More specifically, a municipality. To be quite forward, under notice fairly given.

Any attempt to extract fees, or prosecute for said fees, under a non dangerous, non moving violation such as a parking ticket. The ticket would be considered a first step in legal procedure correct? And must... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 26, 2019

I think I get the gist of your question this time. The ticket is not evidence against you it is simply notice that you have committed a violation. On that ticket is information about what you need to do to challenge that violation. The ticket does not assign a value for a penalty it merely puts... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: Are there minimum requirements of due process? If so, what are the minimum requirements for due process to be satisfied?
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 26, 2019

Yes, there are minimum requirements of Due Process. What that means is almost entirely impossible to explain in this format. There are hundreds of articles written on this on the internet. If you have a specific context it would be much easier to address and give you a more productive answer.... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Legal Malpractice for Pennsylvania on
Q: Can I take my daughter legally from the father if we have no court order or custody established?
Cary B. Hall
Cary B. Hall answered on Jul 23, 2019

"Legally," there's nothing (yet) preventing you from doing so . . . or from him snatching your daughter from YOU. What's good for the goose is good for the gander. And that's why your best bet is to file a custody action and get a court order outlining who has custody, and when, to prevent these... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and White Collar Crime for Pennsylvania on
Q: Do I have a right Pennsylvania to audio record what is said in the Confessional without telling the Catholic Priest?

I have been expecting corruption involving Law

Enforcement and Catholic leadership since

April 2nd, 2012 and am experiencing obstruction of Justice on many levels.

A team of us are addressing this, while operating under the Authority of Catholic Bishop Joe Coffey in the... Read more »

Cary B. Hall
Cary B. Hall answered on Jul 17, 2019

Pennsylvania is one of twelve states that upholds two-party consent for communications recording. To secretly record a conversation with consent from only one party in Pennsylvania is therefore illegal.

Sorry.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Pennsylvania on
Q: Who can help me with my case? I think I need to counsel of my own.

My son was physically abused by my stepfather. He waived his preliminary hearing and I am trying to get a PFA. The lawyer that they gave me to assist does not seem to be much help. My stepfather's lawyer stated that they will work with us on the PFA if I do not crucify he at the criminal hearing.... Read more »

Cary B. Hall
Cary B. Hall answered on Jul 16, 2019

Contact MidPenn Legal Services at (717) 848-3605 - that's your local York Co. legal aid organization.

You can also connect with a local attorney through the York Co. Bar Association. See further details at https://www.yorkbar.com/page/YCBAAC.

Best of luck to you.

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: I am being charged w/ unlawful use of a motor vehicle by my ex-husband. What would be the amount of the fine if guilty ?

I was given permission to use his vehicle & he then changed his mind only because he did not believe I was going where I told him. I was then sent messages threatening to turn me in for stealing his car. I had the car for 50 hrs to go away with family for a weekend. I was even allowed to use his... Read more »

Steven Pacillio
Steven Pacillio answered on Jul 16, 2019

"Unauthorized use of automobiles and other vehicles" is found at 75 Pa.C.S. § 3928.

It is a misdemeanor of the second degree in PA which means you face a statutory maximum of 2 years of incarceration and/or a fine of up to $5,000.

Anytime you are facing criminal charges is it...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Being charged with check fraud, police said I will get a court date in mail in 2 weeks. Is this a felony, misdemeanor?

Was not arrested, just interviewed. Why no bail or arrest? Just a court date in mail? What type of charges can this be?

Cary B. Hall
Cary B. Hall answered on Jul 15, 2019

It could be a felony (like forgery) or a misdemeanor (theft, for example), but you'll probably be charged with both in the form of several charges. Your case will start in one of the Magisterial District Courts, and then progress its way up to the Court of Common Pleas of whatever county. You'll... Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: I have a question about commonwealth vs. Caine. My mothers plea was pulled was pulled sentencing day with this in there

A guilty plea was taken and the day she was supposed to be sentenced. It was canceled. She received a letter from the judge saying a not guilty verdict will be made . And it's in regards to commonwealth vs.caine. I'm looking for help

Gary Kollin
Gary Kollin answered on Jul 15, 2019

She has an attorney

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I have a question in regards to commonwealth vs. Caine

A family member of mine was charged with homicide by vehicle the day of her sentencing the judge cancel their and send us a letter stating and non guilty plea will have to be put in in regards to Commonwealth versus Cain why did we received this letter and why was as possibly postponed

Gary Kollin
Gary Kollin answered on Jul 15, 2019

No question asked!

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I'm asking a question in regards to a family member charge of a homicide by vehicle

Thanks you

Gary Kollin
Gary Kollin answered on Jul 15, 2019

No question adked!

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: We've been getting 100s of texts in one day, texts saying untrue things about me. What can we do?

We're getting messages from someone we know saying she knows we're home, she sees me outside. She has said I abuse kids, says I'll never see the light of day. We tried to get a pfa but they said I can't because I don't have a relationship with her. We went to the magistrate and got a no contact... Read more »

Cary B. Hall
Cary B. Hall answered on Jul 11, 2019

Contact your local police and file harassment charges, and potentially stalking charges.

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: when did the state pass the law for delivery resulting in death
Cary B. Hall
Cary B. Hall answered on Jul 9, 2019

18 Pa.C.S. section 2605 ("Drug delivery resulting in death") was first passed on December 22, 1989, and became effective immediately. It has since been amended a couple of times, with the most recent amendment in 2014 concerning the penalty for conviction of the offense.

Hope this answers...
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