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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3149
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Will my pennsylvania case get dismissed at the preliminary

Customer Question

will my pennsylvania case get dismissed at the preliminary hearing if i was sunbathing naked on a roof behind a railing, 60-65 yards away from the road - because a previously-decided case where pennsylvania superior court ruled that 65 yards is too far for the complainer to see a naked sunbather/gardener.
JA: Because laws vary from place to place, can you tell me what state this is in? Have you talked to a lawyer yet?
Customer: pennsylvania no
JA: Anything else you think the lawyer should know?
Customer: i was behind a railing, my driveway is 180 feet and the roof over the porch is probably 10 feet from the ground
Submitted: 11 months ago.
Category: Criminal Law
Customer: replied 11 months ago.
there was a child riding his bike on the cul-de-sec, his parents say he saw me, but he was over 200 feet away from me and i was behind a railing
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

There is no way that anyone can answer that question since you're requiring us to say, for sure, what a judge will do in a different case with different facts. I can certainly discuss the case with you, tell you what I think the judge will rule, and tell you what you can do to give yourself the greatest chance of getting a dismissal if that would be sufficient. Just let me know if you want to discuss this or if you prefer for me to opt out although every expert is going to have the same problems.