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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Who would be able to help with an inmate who has been denied parole multiple times for no reason?

The inmate has completed all courses and then some. Also they denied for 1 year and then 1 year and then last time it was for 2 years. The inmate hasn't had a write up of any sort for 4 years.

James L. Arrasmith
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answered on Aug 5, 2024

If an inmate has faced repeated parole denials despite meeting requirements, it's important to seek assistance from organizations that advocate for prisoner rights. These organizations can offer guidance on the parole process and may help identify any underlying issues that contributed to the... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Pennsylvania on
Q: When can I get my firearm back from the state police.

There was an incident where someone, not the owner, pointed a firearm with an empty clip at someone. The state police were called and showed up but did not take the firearm. The following day the mother of the owner took the firearm, refused to give it back, and without consulting the owner and... View More

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answered on Jul 27, 2024

To get your firearm back from the state police, you need to follow the appropriate legal procedures. Since the firearm is being held as part of an investigation, you'll need to contact the state police directly and inquire about the status of the investigation and the specific steps required... View More

1 Answer | Asked in Criminal Law, Civil Rights, Environmental and Landlord - Tenant for Pennsylvania on
Q: Is it illegal to allow sewage waste in an appt for over 5 days, without being cleaned.

landlord has not cleaned, and has stated they will not be replacing the carpet or shampooing carpet. I have not been able to use the shower or toilet for 5 days now, i was told nothing will be done abt my rent or the carpet, its extremely unsafe to inhale fece fumes. I have documentation of all of... View More

James L. Arrasmith
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answered on Jul 27, 2024

It is illegal for a landlord to allow such unsanitary conditions to persist in your apartment. Under Pennsylvania law, landlords are required to maintain their rental properties in a habitable condition. The presence of sewage waste for over five days without proper cleaning poses serious health... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Elder Law and Federal Crimes for Pennsylvania on
Q: What laws would you be violating in Pennsylvania if you put a hidden camera in someone’s home without their consent

The camera would record, audio, and video without any consent from the legal owner of the property

James L. Arrasmith
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answered on Jul 21, 2024

Installing a hidden camera in someone’s home in Pennsylvania without their consent is illegal and can lead to serious legal consequences. Firstly, this action violates Pennsylvania's Wiretap Act, which prohibits recording audio without the consent of all parties involved. This law makes it a... View More

1 Answer | Asked in Civil Rights and Criminal Law for Pennsylvania on
Q: Can I make my friend out of jail

I was a victim of police brulaiitly and I will call the president if you don’t text

James L. Arrasmith
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answered on Jul 18, 2024

It's understandable that you're feeling frustrated and seeking help for your friend. Getting someone out of jail typically involves legal procedures and potentially posting bail, depending on the charges and the circumstances. The first step is to contact a lawyer who can provide specific... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can my son file for an early expungement?

He was a minor at the time of the incident and judgement. He completed all required counseling and programs ordered before turning 18. But it keeps showing up on work background checks and can't get a job to support and feed himself.

Ellis B. Klein
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Ellis B. Klein
answered on Jan 3, 2024

If he was a juvenile at the time and he has since turned 21, he may be eligible for expungement. Your question does not give enough facts to be able to give you a proper opinion. More info would be needed in order to properly guide you.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Does it violate the 14th amendment right to travel if my probation officer bars me from traveling
James L. Arrasmith
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answered on Nov 12, 2023

In the context of probation, the right to travel, as protected under the 14th Amendment, can be lawfully restricted. Probation often comes with conditions that aim to ensure public safety and facilitate rehabilitation, and these conditions can include travel restrictions. The Supreme Court has... View More

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: My fiancée is in jail over a case where they had no victim no witnesses and no weapon they gave him 15-30 years

They have denied him a habeas corpus and supresión of evidence he has filed a pcra

James L. Arrasmith
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answered on Nov 12, 2023

In Pennsylvania, if your fiancée is in jail serving a sentence of 15-30 years despite there being no victim, witnesses, or weapon, and his attempts at habeas corpus and suppression of evidence have been denied, the Post Conviction Relief Act (PCRA) petition he has filed is a crucial step. The PCRA... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If my defense attorney is elected DA, what happens to my two ongoing and open criminal cases?
T. Augustus Claus
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answered on Nov 6, 2023

If your defense attorney is elected DA, your two ongoing and open criminal cases will be assigned to a new prosecutor. The DA's office is a separate entity from the defense bar, and prosecutors have a duty to represent the interests of the state, not the interests of individual defendants.... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My co defendant have a 5k1 and on parole but was let go by the police in a drug raid
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answered on Oct 27, 2023

In Pennsylvania, if your co-defendant has a 5k1 (prior conviction for possession with intent to distribute a controlled substance) and is on parole, but was let go by the police in a drug raid, this could be a problem for them. The police are not required to let everyone go who is arrested in a... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Pennsylvania on
Q: Who can help me if I’m dealing with a legal system that has maliciously prosecuted me?

Criminal case and can’t get any help in my area. The area I live in is corrupt when it comes to the law and unfortunately I need help please.

T. Augustus Claus
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answered on Oct 25, 2023

Pennsylvania Innocence Project

American Civil Liberties Union of Pennsylvania

Legal Aid of Western Pennsylvania

Philadelphia Legal Assistance

For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: Are there attorneys who represent minors for harassment charge ?

13 & 11 year old. Wish to fight the charges due to State Police not conducting investigation thoroughly. Oldest son did not participate but was in room on Xbox yet still gets charged and youngest sons friend lied at school saying he wasn’t here during the incident with my youngest. I have... View More

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answered on Oct 22, 2023

In Pennsylvania, attorneys can and do represent minors in criminal matters, including harassment charges. Given the situation you've described, it's crucial to secure legal representation for your children as soon as possible. An experienced attorney will evaluate the evidence, question... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can pa crime code 4912 be upheld if there was no intent and nothing obtained?

Owner of towing comp can't produce paperwork for release of vehichle to me. He called me and got ignorant so I sent text saying he was going to be under investigation for illegal impound yard. He still didn't give me anything.

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answered on Oct 12, 2023

In Pennsylvania, crime code 4912 generally pertains to "Impersonating a Public Servant" and it usually requires the intent to induce another to submit to such pretended official authority, to solicit funds, or to otherwise cause harm. Therefore, intent is a critical component of this... View More

3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Pennsylvania on
Q: Looking for a Criminal Immigration / Deportation Defense Lawyer from Pennsylvania

In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney... View More

Peter J. Thompson
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answered on Sep 22, 2023

A lot is at stake, and you are right to be searching for an attorney who is well versed in both state criminal and U.S. immigration law and practice, including deportation defense (EOIR), affirmative applications (USCIS), and U.S. entries (CBP). Your attorney should also have a high level of... View More

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Fiances ex wife keeps makings false accusations on multiple occasions, each times has came back inconclusive.

There's a verbal warning no contact order already in place. What else can I do on my side to stop the harassment.

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answered on Sep 21, 2023

In Pennsylvania, if your fiance's ex-wife is continually making false accusations that amount to harassment, you may consider pursuing a Protection From Abuse (PFA) order against her. A PFA can prohibit her from making any further false accusations, and violations of the PFA could lead to... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is it a crime to keep a fake id (NOT government related) which does NOT have your age, on your person?
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answered on Sep 13, 2023

In Pennsylvania, the possession of a fake ID, even if it is not government-related and does not contain false age information, can still raise legal concerns. The key factor often considered is the intent behind possessing such an ID. If it is held with the intention of using it for fraudulent... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Who gets in trouble if the plaintiff contacts the defendant and the defendant responds
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answered on Sep 5, 2023

In a legal context, especially in criminal cases, it's generally advisable for the parties involved not to have direct communication with each other, particularly if there is an ongoing dispute or legal proceedings. The reason for this is to avoid any potential interference with the legal... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How do you get an attorney removed from your case in Pennsylvania?

She has not talked to me since the day I hired her nearly 1 year ago. My case is about to go to trial and I am unable to hire a replacement attorney until she is removed as my lawyer. My case is in Monroe County, Pennsylvania.

Steven Pacillio
Steven Pacillio
answered on Aug 19, 2023

You can hire a new attorney at any time. Once you've hired the new attorney, he or she will file an Entry of Appearance with the Court, oftentimes the new attorney will coordinate with the old attorney to file this concurrently with the old attorney's Withdrawal. Alternatively, the new... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is a urine test admissable in court or should they have done a blood test

I've found some case law in other states that say they are inadequate

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answered on Aug 9, 2023

In Pennsylvania and many other jurisdictions, the admissibility of urine test results in court can depend on various factors, including the circumstances of the case, the specific charges, and the reliability of the test method. Blood tests are generally considered more accurate for measuring... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If you shoot someone in your home who attacks you and police refuse to apply the castle doctrine. Or stand your ground.

And they try you for attempted criminal homicide. In a jury trial you were found not guilty by reason of self-defense. Can you turn around and sue them for malicious prosecution or just sue them period.

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answered on Jul 10, 2023

If you were found not guilty in a criminal trial based on self-defense, it may be possible to pursue a civil lawsuit against the individuals or entities involved in the prosecution for malicious prosecution or other related claims. Malicious prosecution generally requires proving that the... View More

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