How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23541
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
18321761
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

Why do I see: 18 Pa. C.S. $4904 on my paperwork? (the $

This answer was rated:

Why do I see:

18 Pa. C.S. $4904 on my paperwork? (the $ is the legal symbol)

and

18 Pa.C.S.A $4904 on other documents?

Hello,

You cited 18 Con. Gen Stats Section 4904, which is a statute in Pennsylvania's penal law relating to lying to a law enforcement authority. You can see the statute here.

I can't see the paperwork you are looking at and talking about. So I don't know if you are being charged with this crime. Sometimes this citation is on official forms simply as a reminder to the person who provided the information on the report that giving false information can be prosecuted.

Customer: replied 3 years ago.


I've been the victim of someone filing an order against me which is false, and they're guilty of this crime. What do I do?

Hi Lee,

What kind of an order is it? Criminal or Civil?

If civil, when you were served with a civil no-contact order you were given a date to come to court for a hearing. At that hearing is where you can contest the order by providing evidence -- testimony, photographs, email, text messages, witnesses, etc., to show that this is false. If the judge agrees he will lift the order against you. You can then go to the police and try to get the person charged with filing a false report.

If criminal, you will have to go to court (best with a lawyer ) and fight the charges because any plea deal you take will make the false charges "true" by your own admission. Once you win it you can report the person to the police or even sue him to recover your legal fees, assuming that's practical.
Customer: replied 3 years ago.

It's civil, but since it's statutory as in perjurious doesn't that mean I have recourse now?


 

Hi,

I don't think it's ripe yet but you can try. If the judge decides it is true at a hearing, however, then the prosecutor isn't going to want to take it on.

In other words, if you can't demonstrate that it's more likely than not false at a civil hearing, the prosecutor will certainly not be able to prove that it's false beyond a reasonable doubt in a criminal process. The burden of proof favors you in civil court but favors the complainant in criminal.

Zoey_ JD and 2 other Criminal Law Specialists are ready to help you