Bernard Timothy Hessley's Answers

Bernard Timothy Hessley
Warren Criminal Defense Attorney.
Contributor Level 8

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  1. Bernard Timothy Hessley
  2. Stephen J. O'Brien

What if i want to get a divorce but I'm unemployed, have 2 kids and no family in this state (Pa.) & husband pays the mortgage?

Asked by a user in Clarksville, PA - almost 3 years ago.

File for divorce and include a claim for spousal support, child support and alimony pendente lite.

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I'm 18 and at a party at a friends outside patio. We were loud and a neigbor called police. We had each had a beer or two.

Asked by a user in Paoli, PA - almost 3 years ago.

1. Summary offenses in PA are not considered crimes, but violations. Misdemeanors on the other hand are crimes. Summary offenses generally, but not always, on subject you to a nominal fine. A misdemeanor disorderly conduct subjects you to a possible maximum term of incarceration of one year and/or a fine of $2500. 2. Its a good practice for police to always advise you of your Miranda rights, but it really only comes into play if you make a statement to the police. 3. The Magisterial...

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Is there anyway for me to get a probationary license in PA?

Asked by a user in Erie, PA - over 3 years ago.

Sounds like it is worth a shot to me Lou. A Probationary License (PL) is a Class C (Non-commercial) Limited Driver’s License issued only once to an individual whose Pennsylvania driving privilege has been suspended or revoked for five or more years. This license authorizes driving a non-commercial vehicle between 6 a.m. and 7 p.m. PennDOT will consider additional hours upon request. A PL cannot be used to drive a commercial vehicle, motorcycle or moped. To qualify for a PL, you must have...

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PA criminal code, filing a false police report

Asked by a user in Philadelphia, PA - over 3 years ago.

Most likely the police will not be willing to charge your friend. If that is the case, you can still go to the District Magistrate Judge's Office and fill out what is call a Private Police Complaint. This will then be sent to the District Attorney for review and he/she will decide whether to bring charges.

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How can I expunge or reduce my felony conviction of 3 degree homicide, from 30 years ago?

Asked by a user in Allentown, PA - over 3 years ago.

Persons convicted of a crime may have records expunged in the following cases: (1) An individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision; or (2) An individual who is the subject of the information has been dead for three years. (3)A person 21 years of age or older who has been convicted of a violation of section 6308 (relating to purchase,...

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  1. Bernard Timothy Hessley

How far back can a crime be held against me

Asked by a user in Meadville, PA - almost 3 years ago.

Unless your record is expunged, a conviction for a crime will be on your record for life.

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Attorney answers:

  1. Bernard Timothy Hessley

Will ARD show back up as my 1st offence even if it has been 2 years

Asked by a user in Hanover, PA - almost 3 years ago.

Even if your ARD record is expunged the District Attorney keeps a record of people who were placed on ARD. This will count as a second offense for sentencing purposes. There is a mandatory minimum of 5 days of incarceration for a second offense highest rate of alcohol.

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Attorney answers:

  1. Bernard Timothy Hessley

Hi my nephew was accused of robbery of a store, he claims he's innocent and was not in town when the robbery happen.

Asked by a user in Allentown, PA - almost 3 years ago.

First, your nephew doesn't have to prove he is innocent. Under the U.S. And PA Constitutions he is presumed innocent unless and until he is proven guilty beyond a reasonable doubt by the Commonwealth after a trial by a jury of his peers. If he has an alibi defense, he should let his attorney know as soon as possible so that he can provide the District Attorney's office with the required notice of this affirmative defense.

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  1. Bernard Timothy Hessley

I lost my Lisence in Pennsylvaina if i move to new jersey can i get one there

Asked by a user in Easton, PA - almost 3 years ago.

Probably not. Usually state won't issue a new license if you are still under suspension in your former state.

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  1. Bernard Timothy Hessley

Got a ticket for 71 in 65. pleaded not guilty, went to court, cop upped it to 81 n 65. can they do that?

Asked by a user in Shippensburg, PA - almost 3 years ago.

It wouldn't hurt to appeal. The form can be found here: http://www.ccpa.net/DocumentView.aspx?DID=3297 Appeal from Magisterial District Judge Sentence A defendant who has been found guilty or who has plead guilty to a summary offense may file an appeal with the Court of Common Pleas. There is a deadline of 30 days from the date of the District Justice's ruling. Summary Appeal Forms are available in the office of the Clerk of Courts or click on the link below, complete and mail....