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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How do I write a concise statement?

The appeal trial was in the Court of Common Pleas in Montgomery County, PA, held on Sep. 9, 2021. The arresting officer was excused from the trial. He was supposed to be there according to the ADA, but I found out he would not be there midway through the trial. The judge would not continue the... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

I think being limited in what you could ask witnesses is the bigger issue, though without the arresting officer not sure why you couldn't have moved for a nonsuit.

Note that you have to file a request for a transcript of the proceedings. You may be eligible for a free one if you meet...
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2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Is there a way I can get legal advise if I can't afford or it's to late to hire a lawyer on criminal charges

Misdermeanor 3 charge

Parisa Sadrnia
Parisa Sadrnia
answered on Oct 12, 2021

If you are unable to afford retaining an attorney, you may request a court-appointed attorney through the court you are facing charges at. While you do not get to choose your court-appointed attorney, it is better than having no legal representation in a criminal proceeding. Generally, there will... View More

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1 Answer | Asked in Consumer Law, Criminal Law, Real Estate Law and White Collar Crime for Pennsylvania on
Q: Me and my family got scammed out of 10k by a company that swears they're helping people purchase houses.

They found us "temporary" apartments, twice, and they swore that this money they took from us was going into a down payment for the house we purchase. I have ALL the emails and texts messages with the bull they put us through and all the lies they told. I don't have any of the phone... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2021

Contact the Attorney General's Office of Consumer Affairs. You would also have an action in fraud against the company.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My car was stolen&recovered 3 days later 5/19/21. I haven’t heard from anyone since, how do I get my car back? 9/25/21

I have called & left countless voicemails (since I can’t get in touch with the troops who recovered the car) and no return call or message from anyone. It’s going on 5 months since they’ve had the vehicle which is way too long. I am not sure who to get in contact with or what to do , any... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2021

You need to contact the complaints division for the State Police Barracks or whichever law enforcement agency recovered the vehicle.

2 Answers | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Are there any circumstances where a jail sentence may be changed or pardoned for serious medical issues
Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2021

you can ask for a pardon for any number of reasons, but it is very difficult and lengthy. There is no "automatic" pardon for a certain illness. As to getting a reduction in sentence I do not believe so. The best source would be the Pa. Civil Liberties Union prison rights project.

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1 Answer | Asked in Criminal Law, Employment Law and Education Law for Pennsylvania on
Q: My college mandated us to get the covid-19 vaccine. We complied. Now they are utilizing wristbands to label vaccinated

Is this legal? They are using a private security company to enforce.

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

So far, it is not illegal. The law about Covid vaccination is in a process of constant changes due to the differing opinions of diverse groups. One day you are prohibited from appearing in public on a mask that conceals your identity and the next day you are required to wear one. Personally, I... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Pennsylvania on
Q: Is “mutual combat” legal or even a legal grey area in Pennsylvania?

When I say “mutual combat” I mean mutually agreed upon fighting (without weapons), with set agreed upon rules, and witnesses with the intent of settling a dispute and not for any other malicious purposes.

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

You cant settle things by violence legally.

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: Can my ex girlfriend blackmailed me if I don’t send my truck over she’s also threatening to press charges against me

We have got into several fights there was one time the police were called in the report done but neither one of us called or had the police report done she went and signed a piece of paper stopping the investigation can she pursue any charges if she stop the investigation and didn’t follow... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

anyone can threaten anything. You should consult an attorney to discuss your potential exposure to having a complaint lodged against you--and note, she can still follow through on that even if you give her your truck.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My son has a scheduled surgery tomorrow and he has an outstanding warrant from over 4 years ago. Will this come up tomor
Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

Not usually. Hospitals don't do warrant checks. They will ask for ID , possibly proof of vaccination. I would suggest he get an attorney to help straighten things out or at least avoid getting him arrested if he is stopped for some reason.

Q: I need to find case law defending against 5503 a(1) (2) (3) (4). I have a couple days to find c.l. but I'm not sure...

...sure how to locate any. I was assaulted on my property by a cop for recording, he broke my property

and he refused to identify. My reaction was provoked. There was no intent on my part to be disorderly. Any help you can offer would be greatly appreciated.. thanks

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

you need to find an attorney. As you may have a possible civil case, contact the ACLU, ask to talk to someone who handles "police misconduct" cases, ask them for names of their "cooperating attorneys." Speak to one or more of those.

2 Answers | Asked in Domestic Violence, Criminal Law and Immigration Law for Pennsylvania on
Q: I was recently incarcerated, I’m an immigrant the charge was domestic but I didn’t do it.

They charged me with strangulation and assault but I didn’t do it, because i have an accent they say the body cam says I admitted to it( not true). They also said I had former charges that they pinned on me but the charges date back to the 90s when I was still a child in Jamaica. My public... View More

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Aug 2, 2021

You should immediately contact an immigration lawyer from the JUSTIA directory or the American Immigration Lawyers Association directory. Pleading guilty to criminal offenses can have extremely serious results like deportation if you are not a US citizen. Even if you are a citizen a guilty plea can... View More

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Pennsylvania on
Q: Appeal a felony gun charge as an authorized concealed to carry citizen.

Due to ongoing disputes with my neighbor and family members, I used my concealed to carry gun on my property. This was my first offense. My bail was excessive and the harassment in jail was unbearable so I plead guilty to 23 1/2 months and fours of probation. I would like to appeal my case,... View More

Charles William Michaels
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Charles William Michaels
answered on Jul 31, 2021

You entered a guilty plea--generally, a charge for which you plead guilty cannot be appealed. If you have any cause to set aside that guilty plea, that has to be done in the trial court.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Looking to know if this is something that is possible.

I have a friend who is currently incarcerated in a Pennsylvania county prison. In 2019 he was released after serving 4.5 years of an 10 year sentence. Only after about 8 month he picked up another charge for the same thing which is firearms he did not operate the firearm just got caught with them.... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 16, 2021

He has a problem if he is a repeat offender for the same offense--judges will assume he didn't get the message so they need to really whack him. He needs to speak with a public defender.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Pa Exile

Banishment from the house i own

Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2021

If you own it you can evict those in it. I don't see a question. If you are not the titled owner, that is different.

1 Answer | Asked in Personal Injury and Criminal Law for Pennsylvania on
Q: I am a victim of a hate crime and I don’t know who to go to

I cannot take the indirect threats or the 3rd party messages no more - please help me

Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2021

If it is directed at you for a specific attribute you can start with a group that assists those with that attribute--NAACP, Lambda Legal Defense, etc.

The DA's Victim Assistance Coordinator may be able to direct you.

Threats would be a police matter.

1 Answer | Asked in Criminal Law and Real Estate Law for Pennsylvania on
Q: Is there anything to be done about parole stipulations in Pennsylvania?

I can't live in the county i'm from. The problem is I own a house there, which i just inherited. I can't afford two places, so i moved out of the parole approved crack house which i shared with other parolees. Into my house that's in a basically crime free area. So the last... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2021

Your attorney may be able to file a motion to modify your parole conditions. It would be made in the same Court you got convicted in. The Judgment of your Conviction should be carefully examined for the exact conditions which are impeding your successful return to society.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: They convicted my uncle Laquan of gun possession but they had no evidence he ever touched the gun they didn’t run no dna

And the gun was in fact found in his ex girlfriend bedroom and the gun was registered in her name ! They can’t just say it gun possession if they did not find it on him or in his possession.They had no search warrant when they searched his ex girlfriend house and he was not staying at that... View More

Matthew Williams
Matthew Williams
answered on Jun 24, 2021

While you haven't asked a question, it is important to understand that he needs to file an appeal and the time to do so is limited. So work with your family to find him a lawyer.

2 Answers | Asked in Criminal Law and Traffic Tickets for Pennsylvania on
Q: I was pulled over by a PA trooper for leaving the road....what will my citation be in the mail? Will I get one?

He asked me if I was aware how far off the road I was. To my knowledge I wasn't off the road at all. I sneezed a big one though and might have left the road for a second. He took my license and registration, looked briefly at my registration and then went back to his car. Came back and ask me... View More

Ellis B. Klein
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Ellis B. Klein
answered on Jun 19, 2021

Sounds like you will be getting a ticket in the mail. Call a lawyer when you get it and make sure you research whether you will get points.

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What happens when a default judgement is filed against me? I live in Pa.
Peter N. Munsing
Peter N. Munsing
answered on Jun 17, 2021

You have time to ask to reopen the default if you can show why you didn't respond to the notice of Default. If you do nothing, they can start execution.

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