Robert L. Adshead’s Answers

Robert L. Adshead

Abington Criminal Defense Attorney.

Contributor Level 3
  1. I have a civil case and i have filed an appeal and the person suing me has no filed a complaint. it has been over 30 days.

    Answered 3 months ago.

    1. Robert L. Adshead
    2. Ronna L. Deloe
    2 lawyer answers

    I'm presuming the Magisterial District Court found against you in a civil case in PA and you then filed a timely appeal. Assuming you filed and served the appeal properly, a Rule was granted on the other party to file a Complaint within 30 days. If he/she does not comply with that Rule, you have to serve a Notice of Non Pros against them. If they do not reply to that Notice, you will win the case for failure to prosecute (i.e. failure to file a Complaint against you).

    Selected as best answer

  2. Will I get locked up for conspiracy armed robbery or get put on probation if this is my first charge

    Answered 2 months ago.

    1. Eric Philip Berman
    2. Steven J. Scheinin
    3. Mark William Oakley
    4. Scott R. Scherr
    5. William Lawrence Welch III
    6. ···
    8 lawyer answers

    Conspiracy is when two (or more) people agree to commit a crime and then one (or more) of them takes action to further that crime. If he person who committed the act of armed robbery had a firearm, and if the government can prove you agreed with that person that he/she should commit the robbery using a firearm, you're facing serious jail time in PA. You need to consult an experienced criminal defense attorney as soon as possible and don't give any statements to the police about what happened.

    2 lawyers agreed with this answer

  3. What is the time frame for burglary and how does this rule apply?

    Answered 2 months ago.

    1. Jesse Chen
    2. Robert L. Adshead
    3. Jay Scott Finnecy
    3 lawyer answers

    In PA, if you are convicted of Burglary and Criminal Trespass arising out of the same event, at sentencing the offenses merge. If you're sentenced for burglary, the criminal trespass merges and you won't be sentenced on it.

  4. What type of sentencing normally goes along a felony forgery charge?

    Answered 2 months ago.

    1. Janine Emily Smith
    2. Daniel M. Myshin
    3. Michael Lawrence Doyle
    4. William Ray Pelger
    5. Robert L. Adshead
    5 lawyer answers

    Under the Pa Sentencing Guidelines, each crime has an Offense Gravity Score. Determine that score and then determine your Prior Record Score. The guidelines will then give you a range of sentences in a mitigated range, a standard range and an aggravated range. Most judges will sentence in the Standard Range, unless clear mitigating or aggravating factors apply. Best to consult an experience criminal defense attorney when facing a felony criminal charge.

  5. Is it possible to move an ARD hearing date again?

    Answered 3 months ago.

    1. John B. Elbert
    2. Jeffrey Andrew Rowe
    3. Robert L. Adshead
    3 lawyer answers

    If your ARD is in Montgomery County, you may not qualify for 6 months probation if you continue the hearing date. You may have to serve 1 year probation rather than six months, so be careful about requesting a continuance and check with the DA's Office first to see if they will still offer you the shorter term ARD probation.

  6. How bad is a 2nd DUI in the Delaware county?

    Answered 3 months ago.

    1. Daniel M. Myshin
    2. Douglas Lee Dolfman
    3. Edwin Lane Guyer
    4. Stewart C Crawford Jr.
    5. Robert L. Adshead
    6. ···
    6 lawyer answers

    Depending on how your BAC was determined (breath or blood) and what the actual reading was, you may be able to fight this. There is a margin of error when dealing with breathalyzers. Generally, a reading of .083 - .084 and under is within the margin or error. If the cops have no other evidence of impairment, you can probably beat this in court.

  7. Why PA State Police still have my records after court ordered expunge the arrest and other records.

    Answered 3 months ago.

    1. Theodor Kaplun
    2. Geoffrey David Hood
    3. Robert L. Adshead
    4. Matthew Oberlin Williams
    4 lawyer answers

    Make sure the PSP are listed as an agency on the Expungement Order. I've seen cases where they are not and then they simply ignore the Court Order. If they are listed, it takes them forever and a day to comply. Eventually, however, you'll get a compliance letter from them.

  8. Probation violatin

    Answered 3 months ago.

    1. Charles Laputka
    2. Mark Copoulos
    3. Robert L. Adshead
    3 lawyer answers

    It depends what you do to violate probation. Possession of Controlled Substances in PA is a misdemeanor. If you are charged with robbery while on misdemeanor probation, you'd be violated and would almost certainly go to jail If, however, you where charged with failure to pay fines/costs or a relatively minor offense such as possession of a small amount of marijuana, you probably wouldn't go to jail for a violation. It really depends on the specific facts of your particular situation.