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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What does it mean when it says sentence confinement other
Ryan L Hyde
Ryan L Hyde
answered on Jun 15, 2021

Depends on the context in which it is written. It may mean a variety things. It may mean an alternative confinement such as house arrest or work release. Or it may mean probation in some circumstances. Your best bet is to contact a local attorney who will have experiences with the dockets in... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: See why yes did find me on found it in this alleged allegation, but I still had criminal charges. What do I do next.

I just can't understand f c y s investigated if found it unfounded, but the police department saying that still charges. My understanding the same information that was given to c y s was giving to the police and I do understand the police has more resources just want to know what is my next... View More

Ryan L Hyde
Ryan L Hyde
answered on Jun 15, 2021

First, C & Y has a very different burden of proof than the police. Often times they come to different conclusions. Your attorney will be able to review their file to see if there are issues you can use in their defense. Because of the different standards it is not unusual for one agency to... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Can you get a fire arm with a f3 child endangerment ?
Michael Ryan Seward
Michael Ryan Seward
answered on Jun 12, 2021

A person with a any felony conviction on the criminal history would be required to answer "yes" to the question about criminal convictions on the ATF form used when purchasing a firearm. This would preclude someone from buying, and would cause a failure to pass the PICS instant background check.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Do I have a felony?

I thought I got a 3rd degree felony when I was 19, a job I want just did a 20 yr background an it came back clean, yes the offense was in less then 20 yrs, no its not sealed or removed in anyway that im aware of. Its a 3rd degree felony criminal trespass I thought is it possible that I plead to... View More

Michael Ryan Seward
Michael Ryan Seward
answered on Jun 12, 2021

If someone is convicted as an adult, the conviction will appear on a criminal history regardless of whether the plea was guilty or no contest.

If an offense happened before the age of 18, it may have been processed as a juvenile adjudication of delinquency, even if the case did not close...
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1 Answer | Asked in Consumer Law, Criminal Law, Arbitration / Mediation Law and Banking for Pennsylvania on
Q: Can I sue Wells Fargo for an unauthorized charge which has since caused me financial hardship?

I had a car loan through Wells Fargo. I traded in that car to Carvana who agreed to pay off the loan. I have documentation from Wells Fargo that the loan was payed off in full 4/19/21. However, I was still charged my monthly payment of 408 on 4/25/21 through auto pay. This caused my wife’s and my... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 11, 2021

1. Go to a wells fargo bank and find out why you can't sign on.

2. Get the records printed out at the bank.

3. Once you have those, keep them and only send copies.

4. Ask Wells fargo for a return of the autopay, and the related charges. The AMC stock is too far a...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How can I remove four year old harassment charges from my record?

I was falsely charged by my ex-wife for simple assault and harassment in Whitehall, PA on May 2017. I showed video evidence to an Attorney General because of which simple assault charge was dropped but I was still convicted for harassment. My acting lawyer at the time told me that it's like a... View More

Ellis B. Klein
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Ellis B. Klein
answered on Jun 6, 2021

It is considered a summary offense and it would take five years before you’re eligible to have it expunged. It does not come off of your record automatically and you have to file a motion for expungement to get it sponge

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: Is it ok for me to date a 14 year old I’m 16 about to turn 17 may 29th and she is going to turn 15 on December 18.

I’m in 11 grade going to 12 she is in 8th going to 9th

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

Assuming that you are dating with no sexual contact that is OK by the law. By your ages, assuming she is over 14 and you are less than 18 it would not be illegal for you if you do have contact.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Pennsylvania on
Q: Could I get a medical marijuana card for myself in Pennsylvania, if my husband has guns in our home?

I have no guns registered in my name.

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

There would be nothing to prohibit that.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is it required to have a lawyer for a prelimanry hearing in Luzerne county, Pa?
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

No, but it sounds like it's serious, and if the penalty can involve jail you definitely want to get one. If you have no money at all you should contact the public defender.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Is the crime under B(1)(ii) a misdemeanor or a summary offense?

This happened when the person under 18 so can I get it expunged in the next six months?

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

you haven't said what part of the Pennsyvlania Code.

Q: Neighbor filed a municipal complaint stating that I'm harassing her because I called police regarding noise& loud party
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

You have to look at the complaint. Chances are it says more. You need to respond to the complaint.

2 Answers | Asked in Criminal Law, Foreclosure and Elder Law for Pennsylvania on
Q: My 71 yr old father is facing forclosure due to a scam.

My father got involved with a woman facing legal troubles and believes he is funding a big top secret lawsuit against a gov. agency. However, no legitimate lawyer is ever produced when asked and some tragic event always occurs to prolong the case. It's been 5 yrs. He gave away all of his... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 19, 2021

If your father refuses to sign any documents, even for a loan from you, you can (if the amount is doable) approach the holder of the Note and Mortgage and offer a pay-off in exchange for an assignment of the existing Mortgage and endorsement of the Note to you. The bank should be happy to work... View More

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: what is the typical procedure when someone is in jail for simple assault charges but cannot post bail & has court 5/19

What happens at the court appearance? How long can he be in jail for?

Ryan L Hyde
Ryan L Hyde
answered on May 17, 2021

If they can't post bail the sherrifs will take them to court. It does depend on the court listing and/or the status of the case. Many counties are still usimg video conferencing to handle court proceedings for inmates. His attorney could apply for a bail modification if nothing else is... View More

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: What is the legal statue on filming a minor at a public park in Pennsylvania with out parental consent?
Ryan L Hyde
Ryan L Hyde
answered on May 11, 2021

Simply video taping in a public place, even a minor, is not in and of itself a crime or cause of action. Consent or permission would not be required. However, if the video tape were being used for some illicit purpose, sexual gratification, or was taken in a place where the person who had a... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Why does a case i have say inactive and i dont have a warrant
Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Mar 30, 2021

Inactive generally means an arrest warrant was issued. You need to get a lawyer to assist in turning you in and arguing for bail.

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
PREMIUM
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.

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