Fraud and Identity Theft in Pennsylvania

Identity theft in Pennsylvania is possessing or using another person's identifying information without consent to further any unlawful purpose. It is a misdemeanor of the first degree if the total value involved is under $2,000 and a felony of the third degree if $2,000 or more or if committed as part of a criminal conspiracy; a third or subsequent offense is a felony of the second degree. The grade goes up one step if the victim is 60 or older, a care-dependent person, or under 18. Using a stolen, counterfeit or unauthorized credit or debit card (access device fraud) is a misdemeanor of the second degree under $50, a misdemeanor of the first degree from $50 to under $500, and a felony of the third degree at $500 or more.

Pennsylvania's rule on court-appointed lawyers: Each county public defender is responsible for furnishing legal counsel to persons who lack sufficient funds to obtain legal counsel, in proceedings including juvenile delinquency, critical pretrial identification procedures, preliminary hearings, trials and post-trial motions, appeals, post-conviction hearings, extradition, probation and parole revocation, and any other situation where representation is constitutionally required. The public defender must be satisfied that the person lacks sufficient funds, and the applicant must sign an affidavit that he or she is unable to obtain counsel and provide other sworn information required; a false affidavit is punishable as perjury. Under the Rules of Criminal Procedure, counsel must be appointed in court cases before the preliminary hearing for defendants without financial resources or otherwise unable to employ counsel, and in summary cases when imprisonment is likely; the appointment continues through final judgment, including direct appeal. Public Defender Act, Act No. 358 of 1968, §§ 6, 8; Pa.R.Crim.P. 122

Lawyers set their own fees, and Pennsylvania has rules on how they may charge. See hiring a criminal defense lawyer in Pennsylvania for fee rules, how to check a lawyer's license and free help.

How release before trial works in Pennsylvania: All prisoners shall be bailable by sufficient sureties, unless for capital offenses or for offenses for which the maximum sentence is life imprisonment, or unless no condition or combination of conditions other than imprisonment will reasonably assure the safety of any person and the community when the proof is evident or presumption great. Excessive bail shall not be required. Under the Rules of Criminal Procedure, the types of release are: release on recognizance (ROR); release on nonmonetary conditions; release on unsecured bail bond (no money deposited); release on nominal bail (a nominal cash deposit with a designated surety); and release on a monetary condition, whose amount shall not be greater than is necessary to reasonably ensure the defendant's appearance and compliance with bail conditions. In deciding release, the bail authority considers factors including the nature of the offense and possible penalty, employment and financial condition, family ties, length of residence, age, character, reputation, mental condition, substance dependence, past compliance with bail, history of flight or escape, prior criminal record, and use of false identification. Pa. Const. art. I, §§ 13, 14; Pa.R.Crim.P. 523(A), 524(C) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Pennsylvania expungement and record sealing rules.