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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: If law enforcement only has proof of purchase of drugs through messages can you be found guilty from that alone?

Law enforcement has never had proof of physical drugs but they have messages that I bought them. Will that alone in court be able to convict me of possession? Messages were only to buy never sell or intent to sell.

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Aug 8, 2020

It depends what you are charged with. If you are charged with possession, possibly no. Of you are charged with attempt or conspiracy, then maybe. Talk to an experienced criminal defense attorney who can examine your case to see of there is a defense. Good luck!

1 Answer | Asked in Contracts, Criminal Law, Insurance Defense and Medical Malpractice for Pennsylvania on
Q: Do I have grounds for a lawsuit?

I went to a rehabilitation center to seek help for my alcoholism. I was there for 30 days. Their policy required patients to turn in all of their personal belongings (phone, wallets, etc) except for clothing. During my stay, one of their staff members stole my credit card and ID and committed... View More

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2020

A Pennsylvania attorney could answer best, but your post remains open for two weeks. As a general matter, it does not appear to be a case that attorneys might consider taking on a contingency basis. If you are paying by the hour, the burden is upon you to provide evidence of the theft. In a busy... View More

1 Answer | Asked in Criminal Law, Employment Law, Banking and Business Law for Pennsylvania on
Q: Which box to check on the “Pennsylvania Department of State bureau of corporations and charitable organizations” form?

For amendment, withdrawal, cancellation boxes

Nellie T Schulz
Nellie T Schulz
answered on Aug 2, 2020

There are dozens of forms on that website and each one has detailed instructions. Without knowing what form you are referring to or what the purpose is of the form, it’s not possible to say which box should be checked.

Q: please help layperson looking filings for appellets brief, appelle's brief and amicus. can you tell me where to look TY

example i am looking for a website or access to filings requesting appellets brief, appellee's brief amicus----example

commonweath v. Kareen johnson docket # 339,EAP 2018----- or commonwealth v. Rivera #601 MAL 2018. idont understand all this it is for my son's case. can you... View More

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2020

You have courage to undertake such a difficult project. There are very knowledgeable Pennsylvania criminal defense - appeal attorneys here who are really the ones with insight into this, and they could give the best direction. But your post remains open for four days, and some law offices might be... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Pennsylvania on
Q: Can a judge give me more time for a probation revocation if I've already been sentenced and without new charges?

I just maxed a 3 to 6 year sentence a judge gave me. I was originally sentenced to 3 to 12 months in the county and 3 years probation. I had no new charges, yet the judge resentenced me and added more time on to my sentence making me have to do 6 years instead of 3. I had tech violations but it... View More

Ryan L Hyde
Ryan L Hyde
answered on Jul 15, 2020

From your location this is an Ohio question, which I am not qualified to answer. However, if this is a Pennsylvania question the answer is that if probation is revoked you can be resentenced to anything that was originally allowable. Its an important differentiation between probation and parole.... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My son was in a bad place and shopped lifted to support his kids, was it right no?

But he got caught pleaded guilty I was given a court date but then covid-19 happened. In the meantime they must have ran his picture through other videos and found him three more times in another Walmart. Warrants were served to my mother's house which she never received what's somebody... View More

Ryan L Hyde
Ryan L Hyde
answered on Jul 14, 2020

Regrettfully, there is no way to answer your question of whether or not he is going to jail. The reason most people recommend talking to a lawyer is because there are several factors that go into setting bail. The severity and number of charges is one. Prior history is another. Family support... View More

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: I need help with my boyfriend case

My little brother was there during it all he told the cops his side and my boyfriend got arrested because my brother told his if he touch me he would stab him so my boyfriend told him he would shot him they locked his guns up and left them i wasn't strangled i didn't need medical help his... View More

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Jul 13, 2020

Stangulation is a felony and he could face substantial jail time if convicted. Get a lawyer asap. If he can't afford one, apply for the Public Defender. If the victim does not want to prosecute, that will help, but that doesnt mean the case automatically goes away. Get a good lawyer and quickly!

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1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: My friend posted pictures of is his ex gf in without her face in it and was supposed to have a court date for it.

Even though she was the one who sent the photos to him at the time and he was on the wrong for sending them out but they are both minors so what would be the penalty for them and for some reason he hasn’t gotten a call or anything from the policeman that was supposed to call him and it’s been 5... View More

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Jul 13, 2020

He needs to get a lawyer immediately because what you described is child pornography which would require him to register as a sex offender.

1 Answer | Asked in Domestic Violence, Juvenile Law and Criminal Law for Pennsylvania on
Q: How is my 13 year old expected to pay a citation ?

My 13 year old son was issued a citation for harrassment after hitting his mother in the arm with an outside trashcan, as self defense, after she repeatedly smacked him in the face up to 6-7 times, how is he expected to come up with $300, and can I fight it

Maurice Mandel II
Maurice Mandel II
answered on Jul 5, 2020

First question, with cash, preferably obtained from his mother. Second question, no, but HE can fight it, and if you are a parent with custody , you have to be there to do so.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Criminal Law and Employment Law for Pennsylvania on
Q: Is it legal for an employer to fire you right after an accident without first filing a police report,

Backed into at work and was physically pinched between the back of a truck and a cement dock and employer refused to call police, wanted employee to fill out an incident report before medical treatment was even mentioned which the employee refused to sign, and then called the employee after hours... View More

Carrie Dyer
Carrie Dyer
answered on Jul 1, 2020

More details are needed to analyze your situation. Were you injured in the accident? Did you and your employer discuss filing a workers' compensation claim before you were terminated? It is unlawful for your employer to terminate your employment because you pursued a workers'... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I have an felony 3 conviction from 7 years ago. I wanted to know if it would be possible to get it expunged or pardoned.

The charge was corrupting the morals of a minor. I was 17 at the time Of the incident but charged at 18.

Cary B. Hall
Cary B. Hall
answered on Jun 29, 2020

Unfortunately, no. Felonies cannot be "sealed" at all under Pennsylvania's fairly-recent Clean Slate Act - and you cannot expunge a felony conviction until you're 70 years old *and* have had a 10-year period subsequent to that conviction without any arrests.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: how can I file charges on a family member for attempted murder as well as all the people who where involved.

My father in law was amitted to the hospitial for pressure ulcers on the tailbone as well as malnutreion. The pressure ulcers deterated the skin all the way down to his tailbone and poisoned his blood. My father in law is a diabetic as well as a dialysis patent with an amputated left leg. When he... View More

Ryan L Hyde
Ryan L Hyde
answered on Jun 26, 2020

Attempted murder has very specific facts needed. However, there are very serious charges for elder abuse and neglect of an individual needing care. You should call the police department and have a detective do an investigation. In many of these cases the physical abuse is just the tip of the... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: can someone get convicted if a witness say they see him with a gun but they didn’t find a gun cop found bullets

They locked him up I gave the detectives a statement and I’m going to go to court and repeat my statement that he pulled out a gun can you still he get convicted even if they didn’t found a gun

Cary B. Hall
Cary B. Hall
answered on Jun 15, 2020

Yes, but it's certainly more likely if the gun was discovered on his person.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I was charged with possession of suboxone following a car accident. I didn't have my coat so the driver allowed me to .

Wear his. I was searched due to a warrant for fines and cost. I was charged with possession even though he said they were his and I didn't know they were in there. If I take a written or video statement from him to district court can I have the case thrown out

Ryan L Hyde
Ryan L Hyde
answered on Jun 13, 2020

Doubtful. A written statement from him is hearsay and now allowed. There are ways of arguing around the rule but depending on who your district judge is they may not allow it. Also, the burden of proof at the district court is lower, prima facie is more like probable cause than proof beyond a... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is it legal for a 17 year old girl to have sex with her 33 year old boss in Pennsylvania?

My sister had sex with her boss, who’s 16 years older than she is. The police keep telling us that it’s legal in Pennsylvania, but my parents and I are desperately trying to find out if there are any grounds we can charge him on, such as corruption of a minor or child enticement. It is possible... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 5, 2020

The boss can't extort sex from her--that would be at a minimum sexual harassment--but it sounds like as far as she is concerned it's consensual.

And if it's consensual, and she is 16 or over, it is legal.

https://pcar.org/laws-policy/age-consent

imagery may...
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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: What do I say to a police officer if I am stopped for open carrying a firearm in Pennsylvania?

Outside the city of Philadelphia

Peter N. Munsing
Peter N. Munsing
answered on Jun 5, 2020

Do you have a license to carry a firearm? While open carry is legal outside of Philadelphia, most police take a dim view of it, may stop you, ask where you are going, give your vehicle a look to see if there are any violations at all, will check the size of your magazine--and may take their time... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How can I get charges more than 10 years old off my record I cant find employment for them
Cary B. Hall
Cary B. Hall
answered on Jun 5, 2020

You can find some information about this here: https://mycleanslatepa.com/. You can also contact a criminal defense attorney to assist you - and you probably should to help you navigate the system.

Best of luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How do I get something expunged from my record
Ryan L Hyde
Ryan L Hyde
answered on Jun 4, 2020

Depends on what it is. If it is eligible you file a petition with the court. Most convictions are not eligible for expungement, but some are eligible for sealing. Talk to a local attorney, they can walk you through it.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: I want to display my hate for my country by creating signs that say Bin laden 2020. Is that illegal ?
Cary B. Hall
Cary B. Hall
answered on Jun 3, 2020

That language? No. Where you place the signs? Perhaps, so check with your local municipality.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Dismiss criminal case After Conviction?

in Pennsylvania, can the defendant ask PA Superior Court to dismiss criminal case, even if the criminal case has gone to trial and even if the defendant is convicted in county court? if so, what grounds to dismiss case in appellate brief?

Ryan L Hyde
Ryan L Hyde
answered on May 31, 2020

There are a number of legal grounds for which you can ask the Superior Court to overturn your conviction. It's too hard to explain in this limited of a forum so its important that you contact Appellate counsel immediately. Superior Court appeals have very strict timing requirements (30... View More

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