Question 1

What should I do if I've been arrested in Pennsylvania?

Accepted Answer

Stay calm, do not resist, and do not answer substantive questions beyond confirming your identity. You have the right to remain silent and the right to an attorney — invoke both, clearly and out loud. Don't consent to searches and don't try to talk your way out of the charge at the scene or station. Call a defense attorney as soon as possible.

Question 2

What's the difference between a misdemeanor and a felony in PA?

Accepted Answer

Pennsylvania misdemeanors are graded M3, M2, and M1 with maximum sentences of one, two, and five years respectively. Felonies are graded F3, F2, and F1 with maximums of seven, ten, and twenty years (with some offenses carrying more). Felonies generally carry longer probation, larger fines, and more serious collateral consequences for employment, housing, and firearms rights.

Question 3

Am I eligible for ARD on a criminal charge?

Accepted Answer

ARD is generally available to first-time, non-violent offenders. Many Pennsylvania drug possession, retail theft, and certain misdemeanor charges qualify. The decision rests with the District Attorney's office, and standards vary by county. Successfully completing ARD allows expungement and avoids a conviction on your record.

Question 4

Can a criminal record be expunged or sealed in Pennsylvania?

Accepted Answer

Yes, in many cases. ARD completions can be expunged immediately. Summary convictions can be expunged after five years of clean record. Pennsylvania's Clean Slate Act provides automatic sealing for many lower-level misdemeanors after ten years without re-offense. Felony convictions generally cannot be expunged, though some can be sealed by petition.

Question 5

Will a drug charge affect my job, license, or immigration status?

Accepted Answer

Yes — even a misdemeanor drug conviction can affect professional licenses (nursing, teaching, real estate), federal student aid, firearms rights, and immigration status for non-citizens. Some of these consequences attach at the plea stage, not just sentencing, so it's critical to evaluate them before resolving the case.

Question 6

Do I need a lawyer for a probation violation hearing?

Accepted Answer

Yes. A Gagnon II hearing can result in revocation and reinstatement of the original sentence — including time you thought you'd avoided. Judges have wide discretion. An attorney can present mitigation, negotiate technical violations down, and protect you from harsher exposure than the underlying charge originally carried.

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