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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What can I expect following a federal indictment involving myself as an associate of the accused and my home was raided?

Raid by the ATF and state police in which I was only detained and questioned then released. They confiscated items and did not leave much explanation as to what lead to a search warrant. I was not charged and still have not been, however, less than a week following that raid, another set of raids... View More

NiaLena Caravasos
NiaLena Caravasos
answered on Mar 28, 2021

You are likely in great jeopardy and the sooner you act, the better off you'll be. You need to consult with an experienced and top-notch criminal defense attorney in order to discuss your personal circumstances and figure out what your best options are at this point. You should act quickly... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What's the worst thing that can happen, I love in pa. Schedule 1 paraphenalia

Clean record

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Mar 22, 2021

Well, the worst thing that can happen is that you could go to jail and have a permanent record. However, that usually does not happen on a paraphernalia case if you have no prior record. Get a lawyer. You are charged with a crime and should have a lawyers representing your interests. You may have a... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Charged with 1543A in 2019. this year trying to charge me with 2nd 1543B from a DUI in '09& 1543B in 14'. How?

License currently suspended indefinitely for 1533D failure to respond to traffic citation for unpaid fines but they are trying to say its DUI suspended. How is that possible when I havent gotten any new DUI Charges and in 2019 i got pulled over and it wasn't dui suspended and i only received... View More

Ellis B. Klein
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Ellis B. Klein
answered on Mar 21, 2021

You need to get a lawyer immediately. The law says that if your license was suspended for a DUI it will always be suspended until and unless you get your license reinstated. It doesn’t matter if the DUI is one year old or 30 years old. If you never got your license back then you are looking at a... View More

1 Answer | Asked in Criminal Law and Immigration Law for Pennsylvania on
Q: Can my brother come back to the states from Korea after leaving without finishing his cases in 2015?

My younger brother as an international student was charged with misdemeanor and felony in 2015 in Philadelphia but left for Korea due to his medical conditions without finishing his hearings. Per my search, his cases had active warrany but now they are inactive. I'd like to hire a lawyer who... View More

Adan Vega
Adan Vega
answered on Mar 20, 2021

You and your brother will need to engage an experienced criminal law attorney in the jurisdiction where the charges were filed.

Good luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Does theftbydeception apply to a PA Youtuber who took superchat money from people and lied saying it goes to St Jude

If you search Diane's Channel Scam on YouTube you will find many videos on this subject. We estimate the total to be $30,000-60,000. The amount is too low for anyone to prosecute as fraud. Can individuals who gave money press charges in PA for theft by deception if they can prove they gave $50... View More

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

Contact the Attorney Generals fraud division.

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: What are defenses to Delivery of Drugs Resulting in Death (DDRD) charge against a doctor who prescribed opiates?

The autopsy report shows that the following three drugs were in the patient's body: morphine, oxycodone, and heroin. The coroner did not state whether the amount of heroin was sufficient to cause death.

Only morphine and oxycodone were prescribed. The amounts of the opiods prescribed... View More

R. Davis Younts
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R. Davis Younts
answered on Feb 28, 2021

Theses are difficult cases given the way the law is written. The acquittals I have won in the past have usually been tied to the science and actual cause of death. Showing a particular action was not the cause of death or the only cause of death is critical.

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1 Answer | Asked in Criminal Law, Products Liability and Animal / Dog Law for Pennsylvania on
Q: What to do if your Pet Airline Delivery Service disconnected their phone line and is unresponsive to their emails?

They have THOUSANDS of my own personal savings that they have told me is completely 100% refundable. Not only that, but they have my baby puppy. I’ve been uninformed throughout this whole thing about anything and I just want my puppy and money. This whole thing is making me physically sick.

Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

Contact your local Animal Rescue League. Contact any national office. Contact your DA and the Consumer protection Division of the AG's Office in Harrisburg.

Send a demand letter to the group. If you call my office I will tell you what to do.

All the best.

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: I was just stopped for my seventh driving without a license in Pennsylvania which is code 6503 my last defense was in

2012 says operated vehicle without valid driver's license is subsequent events within seven years section 6503 applies she driving like it my last offense happened in 2012

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Feb 22, 2021

If this is your 7th conviction for driving on a suspended license, there is mandatory jail time associated with this of 30 days to up to 6 months. If the license was suspended for a dui, the jail time is substantially longer. You should retain an experienced traffic defense attorney asap to assist... View More

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can I be imprisoned for a very small amount of Ganga found during a vehicle search after spending two days in jail?

Traffic stop with voluntary search,

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Feb 18, 2021

Unlikely. I am wondering why you had to do any time in jail at all. Usually, these cases are done by summons where the charges are mailed out. You should speak to a lawyer. Sometimes these cases can be negotiated to a non-criminal fine or perhaps a first time offender program. Many of us give free... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: How do I report a violation of a no contact order that was a third party contact in PA

He contacted my mom to talk about my son. Who is not his son.

Timothy Kraeer
Timothy Kraeer
answered on Feb 18, 2021

I'm guessing that you are referring to a PFA? Or is this a pre-trial bail condition? If it truly is a violation, you can contact your local police department or the district attorney's office to report the violation. They will investigate and determine whether the contact was a violation... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Need advice about 2 drug charges i got never been in trouble before
Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Jan 22, 2021

Call a local criminal defense attorney to discuss the case. Most of us will give you a free consultation over the phone. If you have no prior record you may be eligible for a program where the charges eventually get dropped and expunged. Good luck!

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hi, at pretrial my case was dismissed app.a month ago. I just found out its been refiled.is that double jeopardy.?
Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Jan 19, 2021

No, it’s only double Jeopardy once there is a trial in front of a judge or jury. The state is permitted to re-file charges and you should get an experienced lawyer to defend you if you have not already. Good luck

1 Answer | Asked in Insurance Bad Faith, Wrongful Death, Criminal Law and Legal Malpractice for Pennsylvania on
Q: The cops parked in our bar parking lot, facing the door, and watched customers exit this business, get into their car.

The cops then pulled this person over for suspicion of DUI....is this some firm of entrapment?

Ryan L Hyde
Ryan L Hyde
answered on Jan 16, 2021

Entrapment is an officer inducing you to do something you wouldnt otherwise do. Which is not the caae here. However, simply leaving a bar parking lot is probably insufficient for a car stop.

With other factors present it can be considered by the officer in forming reasonable suspiscion...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Trying to resolve pending charges in pennsylvania

I have two pending charges in pennsylvania for harassment and disorderly conduct from 12/2017. The incident took place the day before I was set to move back to Oklahoma. I left the scene before cops arrived, therefore was not arrested, nor did I go to court or receive any mail. I have no previous... View More

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Jan 16, 2021

There is very likely an arrest warrant issued for your arrest for failing to appear. You will need to address this because if you do not eventually you can be picked up by police on the warrant. If you get picked up out of state they can hold you in jail until you were extradited which could take... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What can be used in defense of someone accused with providing false information to a police officer?

The person provided law enforcement with what they believe, or had reasonable grounds to, was the truth of the situation. The defendant has a prior charge only a few years old in which the same was accused and the defendant did not contest the charges at that time, although just like this... View More

Ryan L Hyde
Ryan L Hyde
answered on Jan 14, 2021

With all due respect... what? Not trying to be rude but there is literally no way of answering this question. You, very appropriately, try to keep the details sparse so you cant be identified but they are so sparse I can't fathom how you could hope to get a response.

From what I...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Will i be granted a PFA?

My best friend left her abusive fiance, and he mostly believes her leaving is my fault. He has already done things to try and cause turmoil in my life since she left him a few days ago and I'm terrified he's going to take it further.

Timothy Kraeer
Timothy Kraeer
answered on Jan 8, 2021

A PFA can be filed by those who are family or household members as well as spouse and former spouses, parents and children, current or former sexual or intimate partners, or other persons related by blood or marriage. If your relationship with this person does not fall into one of those categories,... View More

2 Answers | Asked in Criminal Law, Civil Rights and Health Care Law for Pennsylvania on
Q: Can a cop detain me in cuff in my own house when I was not violent or yelling; I was eating. They also injured me.

The one cop was very aggressive and used unnecessary force and illegal detainment. now they want to charge me with BS to coverup their mistake due to them on ego trip.

Ryan L Hyde
Ryan L Hyde
answered on Jan 7, 2021

The problem with your question is that it lacks the context needed to answer. Why they were in your home matters. For instance, many police departments will cuff a person when they are executing a search warrant. Your simply stating "you are not violent" doesn't mean that you... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: My name is Krista, I’m a victim in a criminal case and I pressed charges on my boyfriend but I want to drop them

He’s a convicted felon and was Charged with it kidnapping burglary theft reckless endangerment aggravated assault simple assault and possession of a firearm

Ryan L Hyde
Ryan L Hyde
answered on Dec 18, 2020

Once charges are filed by the Commonwealth you no longer have the ability to drop them. You become an important witness in the case but the case is the District Attorney's. Those charges sound very serious and very few DAs would simply walk away from that case. Remember their job is to... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: my fiancé is being charged with harassment and simple assult how do I get those charges dropped?
Timothy Kraeer
Timothy Kraeer
answered on Dec 14, 2020

I'm assuming that you want the charges dropped because you are the victim in the case? If that's true, you will need to attend the preliminary hearing and provide your input to the prosecuting attorney. Your fiancé should bring counsel to the hearing. Depending on his criminal history,... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How can I stay out of jail on this chsrge

Accused of stealing a car from enterprise

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Dec 6, 2020

If you are accused of stealing a car then you’re likely looking at a felony of the third degree which is a maximum of 3 1/2 to 7 years in jail. Whether you go to jail depends upon many factors. First in for most, the judge will look at the facts of the case. Second, they will look to see whether... View More

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