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Pennsylvania Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Pennsylvania on
Q: Can a parent press charges for their child who is not a minor?

Let me add some detail here. Let's say there's an aggravated assault. Can the parents of the victim do anything on the victim's behalf? Only if the victim is a minor, right?

Now, for another line of thought. Let's say alcohol was involved in the assault, used by both... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 19, 2017

I'm not sure what you're asking. If you were a witness to a crime you can go to the police. You can't file for a Protection from Abuse order on behalf of a competent adult, even if he/she is your child.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: I am 15 can I get felony

I am Getting blames for biting my boyfriends nephew when I didn’t there was bruise mark but I didn’t can they find out who did it

Peter N. Munsing
Peter N. Munsing
answered on Dec 9, 2017

You need to speak with an attorney to get advice particular to you and your facts. Any future interactions you want to have witnesses there and be sure not to get into any altercations at all.

2 Answers | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Hi I’m 18 and my boyfriend is 37. Can my mother press charges even though I waited until I turned 18?

To get more specific, me and him dated for about a month when I was 16 ( no sexual contact at all). However my mother found out and he left far away. I just turned 18 about a month ago and I contacted him because I still have strong feelings for him and we started dating again. Can my mother still... View More

Ryan L Hyde
Ryan L Hyde
answered on Nov 10, 2017

She could certainly try. It would be very tough for a prosecutor to engage in a case like this because of the difficulty in proving any contact. There may be some charges for corruption of a minor but that would be again very difficult for them to prove. Keeping in mind that pressing charges is a... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Is it against the law to talk to a thirteen year old girl but helping her through depression of harming her self.
Ryan L Hyde
Ryan L Hyde
answered on Jun 25, 2017

In the most direct form the answer to your question is no. However, the real answer is it depends. Depends on your age, depends on the content of the message, depends on who is making the decision on legality, and it depends on how she views the message. If the messages could be construed as you... View More

1 Answer | Asked in Criminal Law, Wrongful Death and Federal Crimes for Pennsylvania on
Q: Can a person be charged if knowingly has a deceased person in home for longer then 24hrs before calling police.
Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

Depends on the circumstances. May be a health code violation as well.

1 Answer | Asked in Criminal Law, Personal Injury, Child Support and Federal Crimes for Pennsylvania on
Q: What do you do if you're dad puts a gun to you're head what can he be charged with and how long can he go away for
Ryan L Hyde
Ryan L Hyde
answered on Jun 8, 2017

You call the police. Period. Thats not acceptable behavior from an adult, or anyone. There us a laundry list of things he can be charged with and yes he will go to jail.

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Child Custody for Pennsylvania on
Q: DA wants to meet with the victim is this a good sign towards filing charges

My 9 yr old was thrown up against the wall, her feet were off and he had her by the neck - this was done by her father and she had difficulty breathing - the Child Protetive medicine doctor assessed this as strangulation - the DA asked to meet with my daughter in person. Is this a good sign that... View More

Ryan L Hyde
Ryan L Hyde
answered on Apr 13, 2017

I would caution you not to read too much into such a meeting. These kind of cases are very delicate especially with a child that age. In all likelihood it may just be an assessment to see how well the child can testify or remember what happened. I would say it is potentially a positive step... View More

2 Answers | Asked in Federal Crimes for Pennsylvania on
Q: What laws or precedents were used in United States v. Nixon?
Ryan L Hyde
Ryan L Hyde
answered on Feb 15, 2017

A lot of them. Its a 25 paged opinion. The best way to answer your question is to tell you to read the case and then ask a specific question.

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1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: What happens if a witness lies to a grand jury within a testimony?
R. Patrick Link
R. Patrick Link
answered on Jan 24, 2017

A witness who lies at a Grand Jury hearing commits the crime of perjury. It is a felony of the third degree that can carry a maximum sentence of seven years in jail.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: How do you address police misconduct in a motion?
R. Patrick Link
R. Patrick Link
answered on Jan 24, 2017

Police misconduct may be relevant in many different stages of a prosecution. If proven, it can affect their credibility in court which could enable you to win a motion to suppress evidence, or win an outright acquittal. Learn more on my blog -... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Is delaying prosecution investigative misconduct
NiaLena Caravasos
NiaLena Caravasos
answered on Dec 24, 2016

Your question is too vague to even begin answering it. You really should discuss this issue with a federal criminal defense attorney regarding the particular prosecution that concerns you and the investigation.

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1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Is the AUSA responsible for any request made by the federal goverment
NiaLena Caravasos
NiaLena Caravasos
answered on Dec 24, 2016

Not necessarily. There is no simple answer to your question and everything is fact specific and case specific. You really should discuss your particular circumstances privately and in detail with a federal criminal defense attorney.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Pennsylvania on
Q: The AUSA for the fed. gov. agrees to sit down and show the def. all the evidence they are going to present is it good/ba

Trial isn't until another 2 months and they offered a plea deal. Also there is no new evidence that the defense doesn't already know about.

NiaLena Caravasos
NiaLena Caravasos
answered on Dec 18, 2016

This meeting that you describe is called a reverse proffer. It can be helpful for a defendant to understand the scope of the government's case. Keep in mind, however, that there is usually (but not always) additional discovery provided as you get closer to trial that would not be shown to you... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: How would I go about finding a probono federal lawyer for my fiance's criminal case that just got superceeded?

His given lawyer isn't doing anything to help all he is doing is making things worse.

Peter N. Munsing
Peter N. Munsing
answered on Nov 21, 2016

He would have a federal public defender. They are usually quite good. There are generally no "pro bono" criminal defense attorneys.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Can you get a case dismissed off of police misconduct?
R. Patrick Link
R. Patrick Link
answered on Nov 16, 2016

If the police misconduct involves unconstitutional methods for obtaining physical statements, evidence, or identifications, you could have that evidence suppressed, which could result in the Commonwealth being unable to proceed to trial.

Police abuse is not uncommon in Philly - here is some...
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1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Is it legal for the federal goverment to ask the state within a state prosecution to assist the federal prosecution?

the state initiated the charges the federal government was indicting for the same conduct and the assistance requested by the federal government from the state was a continuance within the state criminal case

If possible could you add in any case laws in with the answer...

R. Patrick Link
R. Patrick Link
answered on Nov 16, 2016

The state could "assist" the federal government by continuing the state case, but they could potentially run into speedy trial issues under Rule 600 if the case is delayed beyond a year from the date of arrest.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: How do you get phone records of a person's text messages and phone calls if they are a witness?

What motion would you file to obtain those records

R. Patrick Link
R. Patrick Link
answered on Nov 16, 2016

You could issue a subpoena duces tecum to request the sought after records.

Let me know if you have any more questions or I can be of assistance further - http://linklawphilly.com/

1 Answer | Asked in Civil Rights, Criminal Law and Federal Crimes for Pennsylvania on
Q: What happens if the police fail to sign the property record form?

What motions would you put in to challenge that .

R. Patrick Link
R. Patrick Link
answered on Nov 16, 2016

There are not any motions to put in, but it's possible you could challenge the chain of custody at trial.

Let me know if you have any other questions and you can learn more about criminal defense in PA on my blog - http://linklawphilly.com/blog

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: What happens if a person lies to a grand jury? Can they till be used as a witness?
R. Patrick Link
R. Patrick Link
answered on Nov 16, 2016

If a person testifies differently at a Grand Jury, that person can still be used as a witness by the DA due to a rule of evidence that allows "prior inconsistent statements to be offered as substantive evidence." If the DA calls this person to the stand at trial after the Grand Jury they... View More

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