Elisabeth K. H. Pasqualini’s Answers

Elisabeth K. H. Pasqualini

Harrisburg Criminal Defense Attorney.

Contributor Level 8
  1. Can I get my criminal record expunged if I only have a few minor misdemeanor charges from 2007?

    Answered almost 2 years ago.

    1. Robert C. Keller
    2. William A. Jones Jr.
    3. Ross Marvin Miller
    4. William Ray Pelger
    5. Elisabeth K. H. Pasqualini
    5 lawyer answers

    I recommend you seek a pardon. We've had good success in the past and your case seems to be relatively good for such. I have provided a link to an article I've written that describes the difference between a pardon and an expungement.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Since I can't get my record expunged, how do I go about getting a pardon?

    Answered almost 2 years ago.

    1. Adam D. Zucker
    2. Robert C. Keller
    3. William A. Jones Jr.
    4. Elisabeth K. H. Pasqualini
    5. Frank Mascagni III
    5 lawyer answers

    h An expungement will be granted by a court of common pleas when certain enumerated circumstances have been met.  A Pardon is granted by the Governor of PA upon application and a hearing before the Board of Pardons. By Attorney Elisabeth K.H. Pasqualini, Expungement/Pardon Attorney, Harrisburg, PA I have often gotten calls from potential clients wondering if they can get an expungement for heir felony record.  Or, if they can get a pardon for a summary conviction, such as disorderly...

    5 lawyers agreed with this answer

  3. Is a plea agreement a legal contract between the accused and the state?

    Answered about 2 years ago.

    1. Elisabeth K. H. Pasqualini
    2. Stephen Joseph Cipolla
    3. Forest Dean Morgan
    4. Pamela Koslyn
    4 lawyer answers

    There is a strong likelihood that you may have your original sentence altered or convictions vacated. We have handled numerous cases in the past few days dealing with folks that plead guilty for a 10 year registration period only to find out that under Megan's Law it was life. Also, cases where the original charge was not registerable, but now is defined as a Tier I, II, or III. If you were mislead into thinking you wouldn't have to register, there is still hope. However, the law changes...

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  4. If moving to Ohio under new Court ruling will I have to register and will I be listed on web site as offender?

    Answered about 2 years ago.

    1. Elisabeth K. H. Pasqualini
    2. Robert C. Keller
    2 lawyer answers

    Ohio has not yet passed Adam Walsh Act legislation, however, it's only a matter of time until all states (and possibly countries) are partners. The old saying that "you can run, but you cannot hide" is applicable. I recommend you try to deal with this issue now. We've handled numerous cases over the past month dealing with defendant's that either entered guilty pleas to multiple counts that didn't individually require more than a 10 year registration, but carry a lifetime registration when...

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  5. Lower Court response time

    Answered almost 2 years ago.

    1. Elisabeth K. H. Pasqualini
    2. William A. Jones Jr.
    3. Michael Kotik
    3 lawyer answers

    I agree with my colleague's assessment of your question. There's a procedure for filing pre-trial motions in the court of common pleas. There's no requirement by rule that the court has to schedule a hearing within a set amount of days. However, Rule 600 requires that a criminal defendant be tried within 365 days from the date the criminal complaint is filed. Pre-trial motions essentially "clock" that time when filed by a defendant. The court should act without delay to handle the matter swiftly.

    3 lawyers agreed with this answer

  6. If I am 17 years old, and received an underage drinking citation, will it wiped off my record when I turn 18 in June?

    Answered almost 2 years ago.

    1. Robert C. Keller
    2. Elisabeth K. H. Pasqualini
    3. Frank Mascagni III
    3 lawyer answers

    Most MDJ's offer a program that may allow you to enter a diversionary program. You wouldn't be convicted, but would have community service and fines to pay. My colleague is correct that you'd have a license suspension of 90 days. However, if you avoid a conviction, that wouldn't happen. If you do get convicted, you are permitted to have a summary conviction expunged after 5 years, however, you must remain conviction free for those five years.

    2 lawyers agreed with this answer

  7. Probation violation hearing for probation being up but fines not paid in full?

    Answered about 3 years ago.

    1. Elisabeth K. H. Pasqualini
    2. Adam D. Zucker
    2 lawyer answers

    Contact an attorney. Most likely, if you aren't in jail now, no one is interested in having you locked up. In PA, you must be revoked prior to the end of your supervision time in order for the court to continue to have authority over you (to make certain that you ultimately pay off your fines and costs). Provided that you have made a good faith effort to make regular payments on your fines and costs, it seems unlikely that you should receive any jail time (based upon the information you have...

    2 lawyers agreed with this answer

  8. I have a under age drinking charge in PA that required community service time. i now have a retail theft charge in MD

    Answered about 3 years ago.

    1. Elisabeth K. H. Pasqualini
    2. Adam D. Zucker
    3. Shannon Katherine McDonald
    3 lawyer answers

    A Stet is essentially a suspension of prosecution. The prosecutor can reopen the case against you without recharging you, if for some reason did not adhere to some condition of the Stet (usually not commiting another crime). Even if you cannot get a Stet (although it seems you should be able) you may still be eligible to get a probation before judgment "PBJ." in which you plead guilty or are found guilty but final entry of the judgment against you is technically suspended in order to allow you...

    2 lawyers agreed with this answer

  9. What is a mm2 in the state of pa.They accused him of theft from back in 2008 what kind of time sentce is he looking at?

    Answered about 3 years ago.

    1. Adam D. Zucker
    2. David M. Axinn
    3. Elisabeth K. H. Pasqualini
    3 lawyer answers

    My collegues are correct in stating the maximum punishments. Having said that, if he is just being charged for incidents which allegedly occured in 2008, it is possible that he is looking at a great case for trial...Consult an experienced attorney to discuss his case and his options fully.

  10. I had given a prescription that wasn't for me. Could I get probation instead of jail time

    Answered about 3 years ago.

    1. Ellis B. Klein
    2. Elisabeth K. H. Pasqualini
    2 lawyer answers

    It is entirey possible that you may not have committed any crime. You really should contact an experienced attorney. Although you have provided only a few facts, additional facts could show that you did not possess the pills as defined under the statute. For example, you may hold something in your purse for another because the other person doesn't have pockets and asks you to carry something for them. Just because you are "holding" something does not necessarily mean that you "possessed" it as...