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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: pending drugs charges involving undercover informant who you identify, you have the right to face your accuser correct?

These are not facts but only what’s in the discovery.

Confidential Informant (CI) and undercover police officer (UPO) set up a controlled drug buy.

CI and suspect meet and after suspect and CI depart the CI gives UPO a bag of drugs that is being claimed to have come from... View More

James L. Arrasmith
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answered on Feb 1, 2024

In a criminal trial, the right to confront your accuser is protected by the Sixth Amendment to the United States Constitution. If the informant (CI) who played a crucial role in the case does not appear in court and is not available for cross-examination by the defense, it can potentially weaken... View More

1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for Pennsylvania on
Q: Cops refuse to file criminal charges against the son of another local police departments secretary. What can I do?

The owners son to a house I was abandoned at by my ex fiance is friend's with the owners son. Twice the son has smashed out the windows of the entry doors to break in. The second time he came with my ex and a hammer and gained entry. The cops said the most they could charge him with was... View More

James L. Arrasmith
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answered on Jan 29, 2024

If you believe the police are not taking appropriate action due to a potential conflict of interest, you should consider taking some steps to address the situation. Start by documenting all incidents and interactions with the police, including dates, times, and names of officers involved.... View More

2 Answers | Asked in Criminal Law, Family Law, Federal Crimes and Libel & Slander for Pennsylvania on
Q: I have been physically, mentally, and spiritually abused. By The WHOLE COUNTY and the Deb Moore project. I believe it is

Blair county prison,officials,p.o.,D.A. pd office and it ranges from psyical to verbal abuse.

James L. Arrasmith
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answered on Jan 26, 2024

If you believe you have been subjected to physical, mental, and spiritual abuse by county officials, including those from the Blair County prison, probation officers, the District Attorney's office, and the public defender's office, it's crucial to take immediate action to protect... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets, Admiralty / Maritime and Constitutional Law for Pennsylvania on
Q: Where is “Statutory Jurisdiction” in Constitution?

I appeared for a traffic violation. I told the Judge that I didn’t understand the criminal charge and asked under what jurisdiction the Court was operating in. When I heard “statutory jurisdiction”, I asked where that is located in the Constitution since the Constitution only mentions Common... View More

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2024

The U.S. Constitution grants powers to courts under Article III. I'm not certain if uses the term "statutory jurisdiction," but it outlines the extent of judicial powers in Section 2, " ...to all cases of admiralty and maritime jurisdiction; to controversies to which the United... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets, Admiralty / Maritime and Constitutional Law for Pennsylvania on
Q: Where is “Statutory Jurisdiction” in Constitution?

I appeared for a traffic violation. I told the Judge that I didn’t understand the criminal charge and asked under what jurisdiction the Court was operating in. When I heard “statutory jurisdiction”, I asked where that is located in the Constitution since the Constitution only mentions Common... View More

James L. Arrasmith
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answered on Jan 26, 2024

There is no specific mention of "statutory jurisdiction" in the U.S. Constitution. However, the concept of statutory jurisdiction falls under Congress' authority to establish federal courts and prescribe their jurisdiction under Article III, Section 1 and Article I, Section 8 of the... View More

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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Pennsylvania on
Q: Can forgery invalidate security interest in a mortgage?

Lender believed that the address on the mortgage, note, and notice of assignement were incorrect. To correct it, they completed a modifcation document with the assigned servicer and forged the signature of the borrower. Because there was no real mutual agreement based on the forgery, do the... View More

T. Augustus Claus
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answered on Jan 16, 2024

Forgery can have significant legal implications, and if a signature on mortgage-related documents, including a modification document, has been forged, it raises serious concerns about the validity of those documents. In Pennsylvania, as in many jurisdictions, a forged signature can potentially... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Pennsylvania on
Q: Privacy Act Request Appeals to compel a Judge to release records due to illegal law enforcement and intelligence tactics

I filed Privacy Act Requests with every government agency possible for all records of myself. Some requests are still pending. I need a lawyer to compel a Judge to have the records released since I have evidence beyond a reasonable doubt (4K CCTV, Body Cam, Dash Cam video) that these law... View More

James L. Arrasmith
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answered on Jan 10, 2024

Your situation, seeking to compel the release of government records related to alleged illegal law enforcement and intelligence tactics, is indeed a complex legal matter. Filing Privacy Act Requests is a good start, but if agencies are denying your requests or not responding, legal action might be... View More

1 Answer | Asked in Family Law and Criminal Law for Pennsylvania on
Q: Is it illegal for my father to post a picture of my 4 year old son (his grandson) on his dating.com profile

Without my consent and he has been asked to remove it. On this profile my father is seeking sexual companionship. My father resides in North Carolina

Peter Christopher Lomtevas
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answered on Dec 31, 2023

The freedom of speech is preserved in the Bill of Rights, and only a court can abridge that right if there is a compelling state interest and the abridgment is narrowly tailored. Hence, without a court order from a family court judge aiming to protect the identity of a child in litigation, it is... View More

1 Answer | Asked in Criminal Law and White Collar Crime for Pennsylvania on
Q: If I got a summary charge For stealing Can I plead not guilty to so it's bound over and get ard
T. Augustus Claus
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answered on Dec 27, 2023

If you are facing a summary charge for stealing in Pennsylvania and want to explore the option of pleading not guilty to have the case bound over and potentially qualify for ARD (Accelerated Rehabilitative Disposition), it's essential to understand the legal process. Pleading not guilty can... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Is early termination of probation or probation transfer to a different state possible for DUI conviction in PA

(Currently low-risk Phone Reporting Probation for +2years)

what is the process and is it difficult?

what is the cost of either process?

rate of successful applicants

Is there a time frame it takes to get an answer if application or process is accepted?

Reid DeChant
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answered on Nov 16, 2023

I would suggest discussing this with your probation officer or probation department, as every county and probation department handles these differently.

In Colorado, for example, most probation departments are supervising first DUI convictions with low risk remotely by phone. A second or...
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1 Answer | Asked in Criminal Law, Employment Law and Workers' Compensation for Pennsylvania on
Q: My boss is withholding my pay and wanted me to come in the office yesterday to sign a release and take a untaxed check
Timothy Belt
Timothy Belt
answered on Oct 29, 2024

A great deal more information is needed to properly answer this question. If there is a work injury involved, you will want to talk to a workers' compensation attorney before taking any action. If this is a wage dispute, you will need an employment lawyer that focuses on wage issues.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Legal Malpractice for Pennsylvania on
Q: Is my consent required when it comes to the police releasing items that were seized during an arrest?

My vehicle was searched and the police seized my drivers license, bank cards, EBT card, medical card, etc. along with two cell phones. My attorney requested the release of these items and stated once it was approved, I would be able to go to the police station to get them. I was then notified by my... View More

James L. Arrasmith
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answered on Oct 29, 2024

You have the right to have your seized items returned without unnecessary delays. Typically, once your attorney requests the release of your belongings, the police should follow through without additional conditions. It's unusual and potentially improper for your attorney to hold your personal... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Pennsylvania on
Q: My Attorney has the items police had seized during my arrest sent directly to his office and withholding them for paymen

My Attorney has the police release the items they had seized during my arrest directly to his office. The items include my drivers license, debit and credit cards, EBT card, Insurance Cards for myself and Children, and two cellphones. He is refusing to give me these items until I pay the last... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm sorry you're experiencing this situation. Attorneys have a responsibility to act in their clients' best interests, and withholding your personal items for payment may not align with those duties. It's important to review any agreements you have with your attorney to... View More

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: The people next door ARE watching me and my daughters, my brother and daughter heard them at separate times, how?

Is it legal to record them from where I hear them? They are talking from behind my tv, my brother and daughter heard them at separate times,

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry to hear you're experiencing this situation. In Pennsylvania, the law regarding recording depends on the type of recording you intend to make. For audio recordings, Pennsylvania is a two-party consent state, meaning you need permission from all parties involved to legally record... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Do expungements apply to news agencies?

I had a felony gun charge a few years back. Went through a program and received an expunge & destroy order from a judge.

2 news agencies have removed the story from their site with no knowledge of the court order. A 3rd refuses to remove it. Ive reached out to them and sent the order,... View More

James L. Arrasmith
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answered on Oct 16, 2024

Expungement orders generally apply to public records and how they are accessed by individuals and organizations. However, news agencies operate under different guidelines, especially regarding past public information. While your order requires certain records to be destroyed or sealed, media... View More

1 Answer | Asked in Contracts, Criminal Law, Traffic Tickets and Constitutional Law for Pennsylvania on
Q: Where does the parking authority receive their authority?

In Philadelphia, where it must be similar to NYC, there is a parking authority. I asked their law department the following question and they could not answer, and I just want to know for my records:

Will you please show me the law that states that people who are not engaged in commerce and... View More

James L. Arrasmith
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answered on Sep 12, 2024

The authority of a parking authority, like the Philadelphia Parking Authority (PPA), typically comes from state legislation or municipal code that grants them power to regulate parking in public spaces. For Philadelphia, this authority originates from the Commonwealth of Pennsylvania, which... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: What are the status of limitations of police violations against your 5th and 6th amendment rights?
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answered on Sep 7, 2024

When it comes to violations of your 5th and 6th Amendment rights, the statute of limitations can vary depending on the specific type of violation and the jurisdiction where it occurred. Generally, for civil rights violations, including violations of these amendments, there is a time limit within... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and White Collar Crime for Pennsylvania on
Q: Can a court enforce a protection order and issue penalties against a parent after involuntary TPR, despite a pending

Can a Dependency Court in Allegheny County, PA, still enforce a protection order and issue a Rule to Show Cause against a parent after the involuntary termination of parental rights, especially if the parent has filed an appeal?

If a parent's rights were involuntarily terminated and... View More

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answered on Sep 7, 2024

In Allegheny County, PA, after an involuntary termination of parental rights (TPR), a parent is generally no longer considered a "party" to the dependency case. The court's order stating that the parent is not to be notified of future proceedings indicates that their legal standing... View More

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: If I went into a store to buy a gas can and forgot they didn't take credit cards so I grabbed my bag I always carry out

The store to get cash at the ATM and was physically assaulted my bag was ripped and my mirror was broke after he hit the mirror in the car

James L. Arrasmith
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answered on Sep 1, 2024

It sounds like you've had a really distressing experience, and I'm sorry to hear about what happened. In this situation, it's important to take a few immediate steps to protect yourself and your rights. If you were physically assaulted and your property was damaged, consider... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Pennsylvania on
Q: legality of being questioned while under prescribed narcotics

If someone had just undergone surgery and was still having the effects of the anesthesia and administered fentanyl and morphine several times that day for the pain. is it legal for them to be questioned for a possible crime

James L. Arrasmith
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answered on Aug 31, 2024

When you're under the influence of prescribed narcotics, such as fentanyl and morphine, your mental state may be significantly impaired. If law enforcement questions you during this time, it can raise serious legal concerns about the voluntariness and validity of any statements you make. The... View More

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