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Can Summary Charges Be Prohibiting?
#1
I am going through some legal problems right now. I am being accused of something I honestly did not do and there is a tape that can prove it but the accuser wont release the tape even with the subpeona he also has two witnesses that will lie to save their jobs. I have a court date but a large corporation holds all the cards. These are not criminal charges but I will have a criminal record if I dont win. The justice system sucks. I also did not know the police can lie to you to get you to say what they want to hear and its perfectly legal and thats just wrong.
das, proud to be a member of pa2a.org since Sep 2012.
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#2
First, I am not a lawyer. Second, here is what the statutes say, see if you fit into one of these...
Quote:18 Pa.C.S. § 6105. Persons not to possess, use, manufacture, control, sell or transfer firearms.
(a) Offense defined.--
(1) A person who has been convicted of an offense enumerated in subsection (b), within or
without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria
in subsection shall not possess, use, control, sell, transfer or manufacture or obtain a license to
possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.
...
(b) Enumerated offenses.--The following offenses shall apply to subsection (a):
Section 908 (relating to prohibited offensive weapons).
Section 911 (relating to corrupt organizations).
Section 912 (relating to possession of weapon on school property).
Section 2502 (relating to murder).
Section 2503 (relating to voluntary manslaughter).
Section 2504 (relating to involuntary manslaughter) if the offense is based on the reckless use
of a firearm.
Section 2702 (relating to aggravated assault).
Section 2703 (relating to assault by prisoner).
Section 2704 (relating to assault by life prisoner).
Section 2709.1 (relating to stalking).
Section 2716 (relating to weapons of mass destruction).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 2910 (relating to luring a child into a motor vehicle or structure).
Section 3121 (relating to rape).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3125 (relating to aggravated indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3302 (relating to causing or risking catastrophe).
Section 3502 (relating to burglary).
Section 3503 (relating to criminal trespass) if the offense is graded a felony of the second
degree or higher.
Section 3701 (relating to robbery).
Section 3702 (relating to robbery of motor vehicle).
Section 3921 (relating to theft by unlawful taking or disposition) upon conviction of the second
felony offense.
Section 3923 (relating to theft by extortion) when the offense is accompanied by threats of
violence.
Section 3925 (relating to receiving stolen property) upon conviction of the second felony
offense.
Section 4906 (relating to false reports to law enforcement authorities) if the fictitious report
involved the theft of a firearm as provided in section 4906(2).
Section 4912 (relating to impersonating a public servant) if the person is impersonating a law
enforcement officer.
Section 4952 (relating to intimidation of witnesses or victims).
Section 4953 (relating to retaliation against witness, victim or party).
Section 5121 (relating to escape).
Section 5122 (relating to weapons or implements for escape).
Section 5501(3) (relating to riot).
Section 5515 (relating to prohibiting of paramilitary training).
Section 5516 (relating to facsimile weapons of mass destruction).
Section 6110.1 (relating to possession of firearm by minor).
Section 6301 (relating to corruption of minors).
Section 6302 (relating to sale or lease of weapons and explosives).
Any offense equivalent to any of the above-enumerated offenses under the prior laws of this
Commonwealth or any offense equivalent to any of the above-enumerated offenses under the statutes
of any other state or of the United States.

None of those look at all like a summary offense, so I guess as long as your situation doesn't involve drugs or domestic violence you should be OK. A Sheriff can always deny based on the Character Clause, and I believe you can appeal that denial.

The entire thing can be found here: http://www.pa2a.org/wiki.php?wid=21
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#3
If you subpoena records and they don't turn them over go back to the judge. The case can't proceed until you get them and have adequate time to review. So first stop worrying about it. Second I know of no civil case that means criminal prosecution. If in a civil case the accusations are criminal it itself cannot proceed until a criminal trial has transpired. These are basic legal rules and someone here with some legal background wilp confirmmand expand. Second do not plead to shit if you didn't do it. There are plenty of decent public defenders. They might not do well at defending the guilty but will do fine protecting the innocentm. Otherwise defend yourself. Summary offenses are supposed to carry only a possible 6 month sentence so they shouldn't be prohibitive. The confusing thing to me is that Philadelphia seems to be able to pass more punitive laws.. I hope this helps and I hope you don't do something stupid out of desperation. Also make sure you really are innocent. If you're not then own up to it yourself and take a plea.
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