Pennsylvania Federal Crimes Questions & Answers

Q: My daughter took 2 people, both on probation, one a minor, from PA to OK. Can she be charged with kidnapping the minor?

1 Answer | Asked in Federal Crimes for Pennsylvania on
Answered on Mar 18, 2019
Peter N. Munsing's answer
Only if she used force or it was against the minor's will. Sounds like incredibly poor judgment.

Q: Will you get jail time for a second degree misdemeanor? Charge was for taking $100 from work after a customer left it.

1 Answer | Asked in Criminal Law, Federal Crimes and Intellectual Property for Pennsylvania on
Answered on Jan 25, 2019
Andrea E. Mertz's answer
Assuming you have no prior record of convictions, you will get probation. The maximum sentence you face is 1 to 2 years incarceration. However, that maximum usually is ordered for repeat convicts who have multiple convictions. Hire an attorney and inquire as to whether your county has a first time offender program or ARD. Good Luck!

Q: I gave someone my dog to keep while his wife had cancer. He promised to give my dog back after she died. Now he won’t

1 Answer | Asked in Animal / Dog Law, Criminal Law, Family Law and Federal Crimes for Pennsylvania on
Answered on Jan 22, 2019
Kathryn Hilbush's answer
I doubt you can sue her for theft since your uncle handed the dog over to her. Maybe if you offer to reimburse her for the vet bills she'll return the dog. Since she seems to care enough for the dog to spend a decent amount of money on her, perhaps the nicest thing you can do for your dog is allow her to stay where she is and get yourself another one to love.

Q: How can I stay out of jail on a false conspiracy charge?

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Answered on Nov 5, 2018
Gary Kollin's answer
The first thing you need to do is to hire a lawyer

Q: My ex is trying to file false allegations against me about using his debit card. Can the cops arrest me for it?

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Answered on Nov 2, 2018
Cary B. Hall's answer
Well, theoretically, you don't have to prove your innocence at all: the cops/courts have to prove your guilt beyond a reasonable doubt. The problem here is that it *is* very difficult to prove a negative. How to prove you *didn't* do something? If you get a call from the cops, you can certainly deny any involvement or unauthorized purchases -- or you can refuse to speak to them at all since you don't have to.

Presumably, one way to prove that someone *did* make an unauthorized...

Q: a felon with a stolen tampered with firearm found in their car, without fingerprints, will they be convicted?

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Answered on Oct 26, 2018
Mr. Ryan L Hyde's answer
WIthout discovery the "will I be convicted" question is almost impossible to answer. Finding a firearm in a vehicle under the sole control of a convicted felon is certainly not good. But there are a whole host of issues that could be relevant to the disposition of the case. More troubling is that if you are on State Probation they can violate on a much lower standard that proof beyond a reasonable doubt. Internet help is not what you need. You need an experienced local attorney to go...

Q: cops have continuosly falsely reported to cyf there was a drug lab in my home when therewas not.is that illegal to do???

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Libel & Slander for Pennsylvania on
Answered on Oct 22, 2018
Cary B. Hall's answer
If true, then yes, you could probably file section 1983 litigation against them in federal court.

Best of luck to you.

Q: Charged with false written statement on gun purchase

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Answered on Sep 4, 2018
Cary B. Hall's answer
Get an attorney now. I've had cases like this, and they can be beat. Best of luck to you.

Q: If it is your first time shoplifting in PA and you are 16 can u go to jail

1 Answer | Asked in Federal Crimes for Pennsylvania on
Answered on Sep 1, 2018
Cary B. Hall's answer
Very likely not. You'll go through the juvenile system, which makes every effort *not* to detain kids away from their families. Cooperate, show (and actually feel) remorse, and garner family support, and you should be OK.

Best of luck to you.

Q: I had punched this girl in the face Tht was 16 maybe even 17 I am 23 n she pressed charges on whn I go to court am

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Answered on Jul 17, 2018
Cary B. Hall's answer
No idea - and I just answered a *very* similar question on here. Sounds like it should be a probation case, but you never know and it depends what you're charged with. Aggravated assault is a felony; simple assault is a misdemeanor. Two very different animals, and the punishments for each differ greatly as well.

If you're in the southeastern part of Pennsylvania, feel free to contact me offsite to further discuss your case. You need to talk to a good criminal defense attorney ASAP...

Q: 2012 charged with assault consummate by battery, but it never went through any criminal proceedings. Honorable discharg

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Pennsylvania on
Answered on Jun 24, 2018
Peter N. Munsing's answer
Depends on the agency but usually that will attract at least extra scrutiny of your entire record. You may want to look at having that expunged.

Q: I am being accused of using another person's bank account to pay two credit cards. What charges can come from that?

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Internet Law for Pennsylvania on
Answered on Jun 8, 2018
Cary B. Hall's answer
Typically, fraudulent use of another's bank account without his/her permission could carry charges like: forgery; access device fraud; identity theft; theft by unlawful taking; theft by deception; and/or receiving stolen property. The grading of the offenses (felony, misdemeanor, etc.) depends on the amount of money taken -- although forgery is usually a felony anyway.

Q: I was charged with forgery in 2001. I used someone's credit card in PA spent 500.00 returned all merchandise. First offe

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Pennsylvania on
Answered on Jun 3, 2018
Cary B. Hall's answer
Here's the forgery statute in full:

"§ 4101 Forgery

(a) Offense defined.--A person is guilty of forgery if, with intent to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor:

(1) alters any writing of another without his authority;

(2) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act,...

Q: My friend has a shared bank account with her mother & brother in which her SSI benefits go into every month .

1 Answer | Asked in Federal Crimes for Pennsylvania on
Answered on May 4, 2018
Peter N. Munsing's answer
call the police; unfortunately if it's a joint account all have a right to use it.She should have had her own bank account.

Q: My emplloyer had accused me of falsely writing scripts of narcotics and stealing the medication when it arrived at my f

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Pennsylvania on
Answered on Apr 23, 2018
Cary B. Hall's answer
Anyone can get charged criminally for anything, and it happens all the time. Will it happen to you? No idea.

If it does, and it really was a mistake at work, then cooperate with the authorities and tell them what happened. Same with your employer. If you did nothing intentionally wrong and have nothing to hide, then -- as they say -- the truth shall set you free.

If you are charged criminally, however -- and I hope you won't be -- I'm happy to discuss the specifics of your...

Q: My husband is being charge for stranguling me and i have to testify but i dont want to. I just wanted him to get

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Answered on Apr 20, 2018
Cary B. Hall's answer
You need to contact the Assistant District Attorney handling your husband's case, and tell him/her your position on things. "Strangulation" is a relatively new statute in Pennsylvania, and it's a second-degree felony - punishable by a maximum of 10 years in jail. It's no joke.

Perhaps suggest that you'd prefer probation for your husband on a second-degree misdemeanor "simple assault" charge, with probationary conditions of anger management, domestic violence counseling or whatever...

Q: my mother is in the icu. Her boyfriend took her check book, wrote himself a check for 250 signed her name. what do I do?

1 Answer | Asked in Banking, Federal Crimes and Criminal Law for Pennsylvania on
Answered on Mar 22, 2018
Peter N. Munsing's answer
you need to notify the bank immediately if a check was paid on a "forged necessary endorsement"--namely her signature or the signature of the person using the check. He will have to put the money in the account. A problem may be that it sounds like he is in her house.

Q: How should I go about this warrant? Can I get it lifted?

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Answered on Mar 11, 2018
Mr. Ryan L Hyde's answer
The only way to get a felony warrant lifted is to appear in front of the issuing authority. They will process you and set bail. Its always a good idea to have local counsel as they can usually arrange to do everything at once which speeds up the process. There is no burden on the Commonwealth to contact you and get your side of the story. They usually do because people invariably dig the hole deeper when they talk to the police. Any conversation you have with anyone about this case should...

Q: I asked for the discovery to my federal case and was told I couldn't get it.what can I do to get it?i have my adictment

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and White Collar Crime for Pennsylvania on
Answered on Feb 25, 2018
NiaLena Caravasos' answer
There may be a protective order in your case, which could explain why you cannot have and/or see your discovery. However, you will need to know what the evidence is against you in order to make proper decisions in your case, so you can certainly ask your lawyer when she/he will be able to discuss it with you.

Q: Can I sue?

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Answered on Feb 20, 2018
Peter N. Munsing's answer
If your child was assaulted yes. If not, it's creepy and steps should be taken to make sure the school & /or association have a rquirement parents be notified.

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