I have a friend that was sentenced for burglary and then yrs probation for criminal trespassing. Can you explain this Multiple convictions.--A person may not be sentenced both for burglary and for the offense which it was his intent to commit afte...
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.See question
First criminal charge ever
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.See question
I have a previous felony charge for Delivery back in 2008. Also they are including theft and receiving stolen property with the felony forgery charge.
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.See question
I've already moved it once and the court moved it to another date in which I will not be in state. Would it be possible to ask to move it again?
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.See question
My first DUI was in 2012 in Montgomery County and my probation just ended May 2014. But i got charged with a 2nd DUI on Thanksgiving of this year (2014). I'm just scared because i'm graduating May 2015 and I want to get employed to a good company....
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.See question
I am trying to figure out my next step.
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).See question
I’ve successfully completed my 6 month ARD agreement back in October. A few weeks after I received notarized court order indicating that charges has been dismissed and requesting all agencies expunge the arrest and other records. Also, those agen...
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.See question
I was on unsupervised probation in maryland for a possession charge, but I live in Pa if I was to get a similar charge in Pa would I face jail time for violation?
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.See question