Frequent Questions and Trial Results

Commonwealth of PA vs. J.M. Charged with Rape (offer 3-6 years incarceration); Result: Not Guilty all charges.

Commonwealth of PA vs. E.B.: Charged with Aggravated Assault (offer 2-4 years incarceration); Result: Not Guilty all charges.

Commonwealth of PA vs. D.B. Charged with Possession with Intent to Deliver (offer 2 1/2 to 5 years incarceration); Result: Motion to Suppress granted, case withdrawn.

Frequently Asked Questions

Answers from Mark D. Hauser, Criminal Defense Attorney — Serving Philadelphia and All of Pennsylvania

❓ Can I be arrested without evidence in Pennsylvania?

Yes. Police in Pennsylvania can arrest you based on probable cause, even if there’s no physical evidence. For example, an eyewitness statement or suspicious behavior may be enough. However, lack of evidence can make it difficult for the prosecution to win in court. If you’ve been arrested and believe the case against you is weak, contact a criminal defense attorney in Philadelphia right away to protect your rights.

❓ Do I need a lawyer for a first-time DUI in Pennsylvania?

Absolutely. Even a first-time DUI can lead to license suspension, mandatory classes, fines, and possible jail time, depending on your BAC and other factors. A DUI lawyer in Philadelphia can help you explore options like ARD (Accelerated Rehabilitative Disposition), which may keep your record clean. Don’t risk your future—get experienced legal representation.

❓ Can I get my criminal record expunged in Pennsylvania?

Yes, certain offenses can be expunged or sealed, including summary offenses, dismissed charges, juvenile records, and successful completions of the ARD program. Expungement can help you pass background checks for jobs, housing, and school. A Philadelphia expungement lawyer can help determine your eligibility.

❓ What should I do if I missed my court date in Philadelphia?

If you miss court, the judge may issue a bench warrant for your arrest. Contact a criminal defense attorney immediately. Your lawyer can often file a motion to quash the warrant and schedule a new court date, helping you avoid jail.

❓ Can I get jail time for shoplifting in Pennsylvania?

Yes. Even a first-time shoplifting offense can carry jail time, especially if the item is worth more than $150. For repeat offenses or higher-value items, you could face felony charges. A skilled Philadelphia theft defense lawyer can fight to reduce or dismiss the charges and protect your record.

❓ Do I need a lawyer if I’m innocent?

Yes. Being innocent does not guarantee that you won’t be charged—or convicted. The legal system is complex, and prosecutors often pursue cases aggressively. A criminal defense attorney can present evidence, challenge the prosecution’s case, and protect your rights from day one.

❓ Will a DUI affect my job or driver’s license?

Yes. A DUI conviction often leads to a license suspension, which can impact your ability to work. It may also show up on background checks. A Philadelphia DUI lawyer can help you seek reduced penalties, alternative programs, or dismissal based on the facts of your case.

❓ What happens if I’m charged as a juvenile in Pennsylvania?

Juvenile cases are handled differently than adult criminal cases, with more focus on rehabilitation than punishment. However, penalties can still include detention, probation, and a permanent juvenile record. A juvenile defense attorney can fight to keep the case in Family Court and work toward dismissal or expungement.

❓ Can the police search my phone without a warrant?

Usually not. In most cases, law enforcement in Pennsylvania needs a search warrant to go through your phone. You do not have to give them your passcode or consent. If your phone was searched without a warrant, your criminal lawyer can file a motion to suppress that evidence.

❓ Can I be prosecuted for something I posted online?

Yes. Online posts that contain threats, harassment, stalking, or explicit content can lead to criminal charges in Pennsylvania. This includes public posts, DMs, and comments. If you’re facing charges related to social media or online activity, a Philadelphia criminal defense lawyer can help protect your freedom and your record.

❓ How is bail set in Philadelphia?

Bail is usually set by a bail commissioner shortly after arrest. They consider factors like the seriousness of the charge, your criminal history, and flight risk. In some cases, you can be held without bail if there’s a detainer or probation violation. A criminal attorney can request a bail reduction hearing or argue for release on recognizance (ROR).

❓ What is a detainer, and can it be lifted?

A detainer is a hold placed on someone who violates probation or parole. If you’re arrested while on supervision, a detainer can keep you in jail even if you make bail on the new charge. Your lawyer can request a detainer hearing and ask the judge to lift the hold so you can be released.

❓ Is self-defense a valid legal defense in Pennsylvania?

Yes. Pennsylvania law allows you to use reasonable force—and sometimes even deadly force—if you are protecting yourself or others from immediate harm. This is especially true under the Castle Doctrine and Stand Your Ground laws. If you acted in self-defense, a criminal trial lawyer can present that argument to fight for your acquittal.

📞 Still Have Questions?

Call Mark D. Hauser, Criminal Defense Attorney, today for a confidential case evaluation. With over 30 years of experience in state, federal, and juvenile courts across Pennsylvania, Mark is ready to protect your rights and your future.

TRIAL RESULTS