James Paul Madsen’s Answers

James Paul Madsen

Easton Criminal Defense Attorney.

Contributor Level 9
  1. How can I get my record expunge I was arrested for intent to deliver I have 5 years free of no parole and no criminal activity

    Answered about 1 year ago.

    1. James Paul Madsen
    2. Lidia L. Alperovich
    3. Michael Lawrence Doyle
    4. Daniel M. Myshin
    5. Andrea E. Mertz
    6. ···
    6 lawyer answers

    You cannot go through the regular expungement process for a felony or misdemeanor conviction. HOWEVER, you may be able to get a governor's pardon. The new process for a governor's pardon is long and cumbersome but it may get the result you desire. Technically a pardon is superior to an expungement anyways. The process takes between two and three years at the moment. A general rule of thumb is that you will not be eligible to be pardoned until 7 years of good conduct after a misdemeanor...

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  2. Proper eviction in PA?

    Answered almost 2 years ago.

    1. James Paul Madsen
    1 lawyer answer

    The notice to quit does not need to be notarized or served through the courts. It can be handed to the tenant personally or posted on the front door of the residence. You file for eviction after the notice to quit timeframe. However the notice to quit must state what that timeframe is and what that timeframe is will depend on the length and type of lease as well as the reason for the tenants removal and the time of year that the notice is given. Best of luck. - sent from my iPhone

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  3. I was charged for a first offense shoplifting charge for under $130.00 will I have to appear in court? this happened in pa.

    Answered over 2 years ago.

    1. James Paul Madsen
    2. Alin Dorian Cintean
    2 lawyer answers

    You can plead guilty via mail and forward the fee. After the court receives the plea it can either accept the plea and your case will be over with or they can choose not to accept it, in which case you will have to show up for court. Whether you will have to show up to plead guilty is entirely at the discretion of the judge. However, I think it's in your best interest to contact an attorney regarding your case. Although this charge seems minor, another charge would be a misdemeanor and...

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  4. This is my first dui offense can i get ARD?

    Answered about 1 year ago.

    1. Zachary Cooper
    2. Andrea E. Mertz
    3. William A. Jones Jr.
    4. Zachary Cryder Shaffer
    5. Robert C. Keller
    6. ···
    7 lawyer answers

    I practice in Allentown. If you have no prior DUIs you would likely be eligible for ARD. However, you may also have pretrial issues that could result in a suppression of the blood test. Be sure to contact a local defense attorney ASAP.

    4 lawyers agreed with this answer

  5. A group of teens(4) turned down for ARD program can we appeal it.

    Answered about 1 year ago.

    1. James Paul Madsen
    2. Robert C. Keller
    3. Lidia L. Alperovich
    3 lawyer answers

    Denial of ARD is appealable in a VERY limited number of circumstances. For the most part, it is at the sole discretion of the District Attorney. The only case that I can think of in which there was a successful appeal involves a police officer defendant who appealed a judge's denial of ARD when the DA was in agreement with an ARD disposition. You'll need to retain an attorney to negotiate with the DA and take your case to trial if need be. You'll also be best served by not posting any...

    4 lawyers agreed with this answer

  6. I would like to drop simple assault and aggravated assault charges on my boyfriend. Can you help me with advice on what to do?

    Answered over 2 years ago.

    1. James Paul Madsen
    2. Benjamin J Lieberman
    3. Robert David Richman
    3 lawyer answers

    Unfortunately its not as simple as deciding that you don't want to press charges. Whether or not to pursue charges is now at the discretion of government. You should contact a local criminal defense attorney ASAP. You should also refrain from posting any further details about the case online. James Madsen, Esq. www.myeastonattorney.com/

    4 lawyers agreed with this answer

  7. Is it possible to be convicted of rape if you are not guilty?

    Answered over 2 years ago.

    1. James Paul Madsen
    2. Michael Lawrence Doyle
    3. Richard Brian Hein
    4. James Regan
    4 lawyer answers

    Yes, unfortunately, it is certainly possible to be convicted of rape even if you are innocent. You can find evidence of this in many cases where to person is later exonerated due to DNA evidence. Conversely a large number of rape case are dropped because it turns out they were false accusations. There's any number of reasons for a false rape accusation to be levied. No one can tell you your odds in the case without knowing every detail. And you certainly should not post anymore details...

    4 lawyers agreed with this answer

  8. Am I facing jail time?

    Answered about 2 years ago.

    1. James Paul Madsen
    2. Forest Dean Morgan
    3. Charles Anthony Rick
    3 lawyer answers

    You certainly could face jail time but with an attorney and without any prior record you should be able to enter the ARD program which will save you from any jail time. -For a .08 - .99 BAC 1st offense there would be no mandatory time but you could face up to 6 months in Jail -For a .10 - .159 BAC 1st offense there would be a 2 day mandatory sentence and you could face up to 6 months in Jail -For a .16 or higher BAC 1st offense there would be a 3 day mandatory sentence and you could...

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  9. Will I get drug tested on my first hearing?

    Answered about 1 year ago.

    1. Thomas Kenny
    2. Andrea E. Mertz
    3. James Paul Madsen
    4. Robert C. Keller
    5. William Ray Pelger
    6. ···
    6 lawyer answers

    As trespassing can be a summary offense, a misdemeanor or a felony, its hard to say If you're charged only with Summary Offenses you will not be drug tested at any point. If you're charged with misdemeanors the answer is not as clear. You won't be drug tested AT the hearing but there is a possibility you will be put on pretrial supervision and drug tested as a condition of your bail, if bail is even required in your case. If it is felony trespassing, you will most likely be put on...

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  10. Does a defendants entire crimnal history determine his gravity score or just the crimes commited in the state where his now?

    Answered over 2 years ago.

    1. Ellis B. Klein
    2. James Paul Madsen
    3. John Skyler Riordan
    4. Charles Thomas Jr.
    4 lawyer answers

    To clarify for you, the Offense Gravity Score is determined by whatever crime he is charged with and the Prior Record Score is determined by prior convictions. Both of these combine to determine the sentence. Unfortunately, out of state charges do contribute to the Prior Record Score. Make sure he has a local criminal defense lawyer ASAP.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful