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Robert L. Adshead
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Robert Adshead’s Answers

8 total

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

    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...

    Robert’s Answer

    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.

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

    First criminal charge ever

    Robert’s Answer

    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.

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

    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.

    Robert’s Answer

    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.

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  • Is it possible to move an ARD hearing date again?

    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?

    Robert’s Answer

    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.

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

    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....

    Robert’s Answer

    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.

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  • 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.

    I am trying to figure out my next step.

    Robert’s Answer

    • Selected as best answer

    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).

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

    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...

    Robert’s Answer

    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.

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  • Probation violatin

    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?

    Robert’s Answer

    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.

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