Lance T. Marshall's Answers

Under PA state law what is the statute of limitations for child abuse

Child abuse can be put into two separate categories: sexual and physical. If it is sexual abuse, then the statute of limitations is 50 years after the child turns 18. If the abuse is physical, then the statute of limitations is 2 years if the injuries are not serious; 5 years if the injuries are serious.

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Possible consequences for access device fraud

I am sorry I did not get to this answer sooner, but the answer is absolutely. It is not unusual for a prosecutor to plea bargain a case such as this from the more specific felony access device fraud, to the more general theft charge. A theft charge of $800 is a misdemeanor. It usually makes no difference to the Commonwealth whether you plead to a felony or misdemeanor since both are crimes involving dishonesty. Did anyone talk to you about a pre-trial diversionary program such as ARD? I...

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What is the statute of limitations on fine and cost in pa.

Difficult to answer this question as stated. There is no "Statute of Limitations" on the payment of fines and costs. However, one could argue, I think successfully, that once your maximum sentence expires (was it something like 23 and 1/2 months?) and the probation department did not attempt to violate your probation or file some kind of contempt petition then they no longer have jurisdiction over you. Was a judgement entered against you? This judgement could affect your credit rating....

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My friend was recently charge with robbery first time ever arrested He rob a department store he used to work at for 30000 .

Robbery is a very serious offense. The maximum sentence is 20 years incarceration and a $20,000 fine. However, you should also know that Pennsylvania has sentencing guidelines that provide the standard range for each offense. Robbery crimes are broken down to whether a weapon was used? was injury inflicted? etc., Also, the guidelines take into account a person's prior record. The amount taken here seems to be exceedingly large for a robbery, so that will be taken into account as well.

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Charged but case was dropped

You are presumed innocent, so if the question is, have you ever been convicted of a crime, then the answer is 'no." However, if the question is, have you ever been charged or arrested for a crime (a question I think should be illegal) then the answer is yes. Since this is a West VA case, I would check with a West VA lawyer to make sure this matter is completely expunged from my record.

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How long would a inmate get for 3rd offense dui and 1st offense possesion

The answer depends on what his BAC was. If his BAC was between .08 and .099, then the mandatory minimum sentence is ten days incarceration. If his BAC was between .10 and .159, then the mandatory minimum sentence is 90 days incarceration. If his BAC was greater than .16, then the mandatory minimum sentence is one year incarceration. As for his possession charge, I am assuming you mean some kind of simple possession of some controlled substance or paraphernalia. Typically, a person receives...

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My son, 17, was found parking with is girlfiend the other night and when the cops pulled up he tossed a small bag of marajuana -

Since your son is 17, he will become part of the juvenile justice system. The juvenile justice system is very different than the adult system and your son would be well-advised to hire an attorney who is experienced in the juvenile system in your county. If your lucky, your son may be able to escape these charges by accepting a consent decree, where he would be on probation (presumably until he is 18), do some community service (the length of community service depends upon the community where...

17 year old, retail theft

From a criminal point of view, a summary offense is a very minor matter and is similar to a speeding ticket. From a civil collateral consequences point of view, a retail theft conviction is disastrous. You will always be labeled a "thief" and therefore untrustworthy. As you get older, you can overcome this momentary lapse of judgement. Also, after 5 years, assuming you have done nothing else wrong (including a speeding ticket or underage drinking), then you can have this matter expunged....

How do i fight my husband's false positive drug test he got while on pre-release? he plead not guilty when charged after being

You need an experienced criminal defense attorney who is familiar with the drug test that was used and the potential weaknesses and likelihood of a "false positive." You say you have a lot of evidence, then you need someone who is not afraid to present that evidence to the Court. Is it worth fighting this? Only you can answer that question. I always say "yes" it's worth fighting because you have nothing to lose except for maybe money if you can afford a lawyer.

Is there any way I Can get a limited/restricted license from this DUI?

As with most questions, the only answer is "it depends." Since this is your first DUI offense, you should be eligible for ARD. The terms of ARD, as well as the length of license suspensions vary greatly from county to county. You should contact an attorney who is experienced in DUI cases that practices regularly in the county in which you were arrested for the DUI. If your license is suspended for more than 60 days, you may be eligble for an occupational limited license. If you are lucky,...