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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Child Custody and Gov & Administrative Law for Pennsylvania on
Q: Who do I contact for opp. counsel changing the language of my Lanc. custody order enter to berks exhibit A. Pet/mod.
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2023

The question as is makes no sense, and the asker is best advised to retain legal counsel for his court action.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If I have a warrant in let’s say Pennsylvania but I’m am serving time in Ohio does the fast and speedy trial rule still
Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Jan 17, 2023

There may be a potential argument that the Commonwealth isnt acting with due diligence to bring you to trial if they know where you are and don't make any effort to writ you in; however, the law on rule 600a motions is very pro commonwealth and defendant's motions to dismiss are not often granted.

1 Answer | Asked in Criminal Law, Education Law and Federal Crimes for Pennsylvania on
Q: As a minor in Pennsylvania I was charged with a misdemeanor of an non weighed amount of narcotics on school property

What could I be charged with and sentenced to?

Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Dec 18, 2022

If you are charged as a juvenile, your most likely outcome is probation.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Could I get probation for a misdemeanor possession of an unweighable amount of narcotics on school grounds
Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Dec 18, 2022

Most likely yes, but this depends on your county, as well as whether you have a prior record.

1 Answer | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: My Friend unknowingly bought a meth lab. How can he get out of the home without losing all his money?

They have very little money and the home owners insurance won't help them. The previous owner denies it was a meth lab despite heavy evidence to the contrary. However they have no money to sue in court. The house is under a mortgage. Its also unsafe to live in. They need to leave the home if... View More

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Did your friend order an inspection as part of the purchase process? Did the lender require an inspection or appraisal before approving the loan?

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Yesterday I had to make a plea of guilty to a Aggrevated assault but my lawyer didn’t show all the facts what can I do?

Aggravated assault with a deadly weapon? I had to plead guilty cuz otherwise I would’ve been screwd for money. I was protecting myself from 2 men and both who had warrants and. Baseball bats.

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Oct 12, 2022

you need to speak with your attorney. i cant give you advice since you are represented. However, seems that a decision either to plead guilty to the facts as asserted by the Commonwealth or go to trial are the options, and you chose to plead guilty. you will have an opportunity at sentencing to... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hello, I currently have a misdemeanor for simple assault in 2015. In need of expungement

Hello,

I currently have a misdemeanor for simple assault in 2015, my first year of college. In order to continue grad school for social work I'm in need of guidance and assistance with expungement, petition sealing, automated sealing or pardon.

Timothy Kraeer
Timothy Kraeer
answered on Jun 5, 2022

You may be eligible to petition to have the record sealed, but it will depend on the grading of the offense and the rest of your criminal history (if you have any). You won't be eligible for expungement or automatic sealing given the nature of the offense. Reach out to an attorney for more... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How long does the court system have to bring you to court and sentence you for a criminal matter for 2019
Kelly Jurs
Kelly Jurs
answered on May 5, 2022

The short answer is, 365 days from the date of the filing of a criminal complaint. However, this does not include what the law describes as "excludable time" which could be time in a diversionary treatment program or continuance requests by defense counsel for investigation and trial... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Pennsylvania on
Q: How is a local ordinance violation different from non traffic summary in PA?

I was charged with public intoxication but plead noy guilty due to the circumstances and that my professional license would be affected. The magistrate offered a plea to a local ordinance violation that he said would stay local and not be accessible without search warrant. I received a citation... View More

Timothy Kraeer
Timothy Kraeer
answered on Apr 21, 2022

The difference is that public drunkenness is a violation of the Pennsylvania crimes code, whereas a local ordinance is not. It is only a violation of the local ordinance, or administrative code. It is not a criminal offense, but there will still be a public record generated in connection with the... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Rovoked probation for new arrest can my new sentence term be dismissed if new arrest charges got dismissed?

Wouldnt that mean i never got new charges or a new arrest?

Steven Pacillio
Steven Pacillio
answered on Apr 5, 2022

You can still be violated for "police contact" even if the new charges result in an acquittal or get dismissed. The severity of the violation for police contact is much less than for a new conviction. You should immediately consult with an experienced criminal defense attorney in your... View More

1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Criminal Law for Pennsylvania on
Q: Can you be arrested for marijuana DUI while not intoxicated?

My fiancé was arrested for his friend leaving a marijuana roach in his car. He has his medical marijuana license and wasn't aware his friend did that. The cops pulled him over for having a tail light out. The cop noticed the roach right away and told him he was impaired. Had him do a sobriety... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

The wait is for the blood work. He should request his license. There is no automatic suspension in Pennsylvania. They would have to show that the THC in his blood was sufficient for him to be intoxicated. If they press the charges he should have an attorney. By the way he shouldn't drive with... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If a trash can its out on the curb for pick up can you take the trash or whatever is in it in pa. ?

I got charged with movable theft?

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

if an object is next to it the assumption is that it is there for anyone to take. However if trash is in a bag, the presumption is that the homeowner left it there with an expectation of privacy. That doesn't mean it's illegal.

In Pennsylvania the issue is whether you had intent...
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1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Aggravated Assault with SBI - How many years incarcerated in PA if found guilty with a gravity score of 1?
Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Dec 29, 2021

There isn't enough information to even make a educated guess. Many different circumstances and factors will be considered (or should be) by the Court when fashioning a reasonable sentence. The Court will consider that this is not a guilty plea (as your question points out "found... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I need a pro Bono criminal defense lawyer or someone who takes payments?

I need a pro Bono lawyer asap please help me

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Nov 21, 2021

You should apply for a public defender in your county or contact the bar association for an attorney that will accept reduced rates. Additionally, you will find that attorneys will sometimes accept payment plans depending on circumstances.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: I was pulled over in PA with marijuana and paraphernalia. What charges am I facing?

I was pulled over for registration being expired, the cop said he smelled weed and then searched my car after telling me if I don’t consent he would make me wait for a drug unit dog to come in. He found 8grams of weed, .5 grams of wax and some paraphernalia. ( I have me medical card for... View More

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Nov 21, 2021

Likely possession of both marijuana and paraphernalia. Depending on other circumstances, you could be facing additional charges. I suggest retaining an attorney to assist you and ensure any potential pentolites are kept at a minimum.

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: I live in Pennsylvania and my 16 year old son took a bb gun with him to school. Can he get charged.

Someone told the teachers that my son had a bb gun in his locker. Cops were called. Can my son be charged for having a bb gun on school property

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Nov 21, 2021

Yes, a number of things can happen, including being charged with several crimes. i suggest you and your retain counsel immediately and do not speak with the police without an attorney.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If probation arrests you for a violation are they still required to read you your Miranda rights?
Steven Pacillio
Steven Pacillio
answered on Nov 17, 2021

Contrary to popular belief, furthered by depictions in TV and movies, the police are not required to advise a person of his/her Miranda rights merely because they are being placed under arrest. In many cases, the arrested person is never advised of their Miranda rights and this is completely legal.... View More

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: What do I do if my husband is being blamed for a crime he didn't commit?
Steven Pacillio
Steven Pacillio
answered on Nov 17, 2021

If your husband has been charged with committing crimes he needs to contact an experienced criminal defense attorney in the jurisdiction where the charges were filed. An experienced defense attorney can help evaluate the case and gather the necessary evidence to proceed to trial if your husband is... View More

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2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Where can I find a good pro Bono lawyer?

My fiance is incarcerated for charges he didn't commit the other person did and he is being convicted on all charges I need help

Jason R Carpenter
Jason R Carpenter
answered on Oct 25, 2021

Most local county bar associations have referral services that can help you with finding pro bono or low-cost legal services.

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