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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Traffic Tickets for Pennsylvania on
Q: I was just issued a traffic citation for driving without a license, on probation, what should i tell my PO

Also am i likely to recieve a probation violation for this? The officer i was pulled over by said i should have nothing but a small fine to pay, this is my first traffic violation and would be my first probation violation, is it likely my probation officer would let me off with a warning?

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Many other factors will determine outcome. You are on probation for what? You have a license but did not have it with you? Your license is suspended? All have differing results. Best to discuss with your PO before he gets a report from DMV. I recommend you contact several attorneys in your area... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Is baiting child predators online legal?

I've seen a lot of videos online of people baiting and exposing child predators. Which I 100% support. I've got two young daughters myself. These "hunters" have full documentation of the conversations that they can turn over to the police. My question; is this technically legal?... View More

T. Augustus Claus
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answered on Jul 5, 2023

Baiting child predators online, commonly known as online vigilantism or "hunting," can be a complex legal issue. While it may seem like a proactive way to expose and deter child predators, engaging in such activities may raise legal concerns, including potential entrapment claims.

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Sexual Harassment for Pennsylvania on
Q: In Pennsylvania can I do anything about my 38 year old bf trying to sleep with my 17 year old daughter?

I found messages between them and my daughter stated she didn’t want him like that but he keeps trying to pressure and manipulate her into it. I’m also in an emotional psychological abusive relationship and financially trapped and don’t know what to do to get out

Kathryn Hilbush
Kathryn Hilbush
answered on May 15, 2023

Yes, get rid of the boyfriend! Search online for a support group for abused women in your area and see what they can do to help you. Perhaps what he's said is sufficient for filing for a Protection from Abuse Order. You may also want to take the messages to the police and see if there's... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Pennsylvania on
Q: How can I prove my signature was forged. If I don’t have the original promissory note?

I gave someone a promissory note on a piece of lined notebook paper with my signature. She took my signature from that and copied it and pasted it to a fake lease. And used it in court.

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

Hire an expert. There are many ways. The ink used by copy machines is different from the ink used in pens. The “white” space in a photoshopped image is a different “white” than the paper. Digital images of a signature are finely pixilated and not a smoothly flowing signature you get... View More

1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Rights and Landlord - Tenant for Pennsylvania on
Q: Ombias pretrial motion what does it mean and if my legal represent For me did not tell me about this what does that mean
Lauren A Wimmer
Lauren A Wimmer
answered on Mar 22, 2023

In a criminal case, an omnibus pretrial motion is a generic motion that must be filed within a certain time period following formal arraignment to preserve your right to file motions down the road as your case progresses. These motions are typically boilerplate and contain multiple requests for... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hello my name is Franco, I have a hearing coming up for alleged probation violation for not paying in full my restitutio

I have 5 years probation and have to pay restitution I’ve been paying every month not the full amount which is $1000 a month ($65,000 total) but my PO told me to pay at least $50 dollars a month which I have at time even more and my 5 years is up and I have a hearing my question is what am I... View More

Lauren A Wimmer
Lauren A Wimmer
answered on Mar 22, 2023

Once your probationary period is up, if you still owe restitution, you can ask that your criminal matter be terminated as scheduled and that the case be sent to civil or given a miscellaneous docket for the financial costs that remain due. This way you are no longer under supervision by your... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How often are insanity statutes used in pennsylvania? What are some main critisims and what is the success rate?

The last question meaning what is the success rate of the insanity statue used in pennsylvania court system? The questions are for the purpose of a college paper assignment and I would like to have accurate informaton or at least accurate resources to go to in order to find the information.

Lauren A Wimmer
Lauren A Wimmer
answered on Mar 22, 2023

Insanity is an incredibly difficult defense to mount in Pennsylvania. The Rules of Criminal Procedure first require that defense counsel file notice of the defense with the Clerk of Courts. This notice alerts the particular District Attorney's Office of the intent to introduce evidence of... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: What happens to the beneficiary after the parole period of 2 years?

Looking to sponsor a Cuban to come to United States under a new Biden program this year. I need to fill out a form called I-134 A. This program has the beneficiary in the U.S for 2 years. After the two years expire what happens to the beneficiary and sponsor?

James L. Arrasmith
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answered on Mar 19, 2023

The answer to this question depends on the specific circumstances of the beneficiary and sponsor, and the type of visa or parole program that is being used.

In general, if the beneficiary is in the United States under a parole program, they may be required to leave the country at the end of...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Pennsylvania on
Q: Was pulled over pulling out of gas station officer performed field sobriety test and I passed. Then asked to search vehi

Was pulled over pulling out of gas station officer performed field sobriety test and I passed. Then asked to search vehicle and I said no then spoke to another officer after he removed his recording device and sat on car. Then told me that he was calling a canine unit out to which I responded that... View More

James L. Arrasmith
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answered on Mar 2, 2023

Based on your description, it appears that the officer may have exceeded the lawful limits of his authority during the traffic stop. The Fourth Amendment to the U.S. Constitution protects citizens against unreasonable searches and seizures, and law enforcement officers generally need a warrant or... View More

1 Answer | Asked in Criminal Law and Immigration Law for Pennsylvania on
Q: International student charged with retail theft. How do I keep my immigration status safe?

Hi everyone, on 20th Nov 2022 me and my girlfriend were charged with a retail theft summary offence (CC3929) of amount $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date at the station. We hired a... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2023

Hi, you did not mention what the final disposition of the charges was. Dismissed? Adjourned in contemplation of dismissal? Pleaded guilty to a lesser charge? Without that information, we can only guess whether the arrest (and conviction if any) would affect your immigration status.

Your...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: family member called 911 for ambulance the police arrive well after emt's enter with out permission then be cause it wa

Was an over dose, I had been cleaning empty bags and syringes I found behind a dresser drawer left by my ex-wife. She was asked to leave months ago because she was using and I must have gotten fentanyl powder on my hands and touched my mouth. The officer mailed me a paraphernalia charge 2 weeks... View More

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is generally not appropriate for the police to enter a private residence without permission, unless they have a warrant or there are exigent circumstances that justify a warrantless entry.Good Samaritan laws are intended to encourage people to seek medical help in the event of an overdose by... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: Will I be convicted of strangulation if it was self defense and it’s my first ever criminal charge

My mother broke into my room with a butterknife armed with a karate bow staff, attempted to hit me and the girl I was with due to disapproval of the girl, I backed her out of the room she fell back I fell back and continued to fight me so I placed my hand on her neck and then guided her to floor... View More

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Dec 16, 2022

The police can decide to charge any person they reasonably believe to have committed a crime based on the information available and the investigation conducted at the scene of an alleged crime. I would think that the police were more sympathetic towards your mother than you given the... 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 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, Employment Law, Family Law and Products Liability for Pennsylvania on
Q: How's myie family,what's and whieins myie reports date back to work,whieins the abususied mieainding foresorttied,plea's
Kathryn Hilbush
Kathryn Hilbush
answered on Jul 4, 2023

I think you need to try posing your question again. What we see here is too garbled to make any sense.

1 Answer | Asked in Criminal Law, Workers' Compensation and Civil Litigation for Pennsylvania on
Q: can a company lie about their starting salary online?

Im applying for a job at 31.80$ an hour. After passing the interview and the day before orientation I notice on the website they had changed it online to 22$ a hour. If they try to change it when I go to orientation tomorrow can I sue?

Timothy Belt
Timothy Belt
answered on May 24, 2023

No you cannot sue. An employer has to pay at least minimum wage, that's it. They can even reduce the pay for existing employees if there is no contract with proper notice.

1 Answer | Asked in Bankruptcy, Criminal Law, Divorce and DUI / DWI for Pennsylvania on
Q: I don't have a lot of money and I want to file bankruptcy what can I do

I receive allimony from my x husband. However I started out in the negative when he left me after 22 years of marriage and now I have a ton of credit card bills that are all suing me . On top of it I am in the process of getting a dui charg and my life has fallen apart. I am trying to get it back... View More

Timothy Denison
Timothy Denison
answered on Apr 22, 2023

Have a competent bankruptcy attorney review your situation snd help you make the best decision as how to proceed.

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Pennsylvania on
Q: Can Clinical Child & Adolescent Psychologists with Phd work in forensic evaluation in dependency court in Pennsylvania?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2023

This is a vague question about forensic expert witness output.

Just as in the 1992 motion picture "My Cousin Vinny" starring Joe Pesci and Marisa Tomei, expertise knows no geographical boundaries and is admissible as long as to is helpful.

In the motion picture, a...
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1 Answer | Asked in Adoption, Child Custody, Criminal Law and Family Law for Pennsylvania on
Q: Can Clinical Child & Adolescent Psychologists Phd work in forensic evaluation in dependency court in Pennsylvania?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2023

This is a vague question about forensic expert witness output.

Just as in the 1992 motion picture "My Cousin Vinny" starring Joe Pesci and Marisa Tomei, expertise knows no geographical boundaries and is admissible as long as to is helpful.

In the motion picture, a...
View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is a CYS file part of the district attorney’s discovery in a criminal trial?
Lauren A Wimmer
Lauren A Wimmer
answered on Mar 22, 2023

If the case involves CYS, for example, the alleged victim was receiving services, then yes that file is part of the District Attorney's file. You lawyer should request it in discovery.

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