WILL RETAIL THEFT CHARGE GET ME KICKED OUT OF ARD? DO I NEED A LAWYER?

Q; I have ARD already and I just got a charge for retail theft. What will happen? Will I go to jail? And I never got retail theft don’t have any retail theft on my record. Also I have ARD already. What will happen? Will I go to jail? Also I didn’t steal anything, and it was under the 25 dollar min. They thing that they said I stole got stuck under my big bag so I didn’t see it I told them but they are still charging me.

A: Yes, this is a situation in which a lawyer can help you. I cannot tell from your question, if you are currently in the ARD program or received ARD in the past. If you are currently in the ARD program, any new conviction could get you discharged from ARD. Your ARD terms and conditions may require you to report any new arrest so you need to discuss this with the lawyer who handled your ARD case. You may have an option at the Preliminary Hearing to avoid a conviction and have your case dismissed. An attorney can guide you through this process.

Do you have to pay for a broken water pipe you were unaware of?

Q: Do you have to pay a bill that you weren’t aware of? My friends water pipe broke and the water company is charging him 5thousand dollars for the month where he unknowing used 120,000 gallons when he typically uses less than 20,000. As soon as it was brought to his attention he fixed the pipe but the water company’s only response was “we’ll put you on a payment plan.” This is a gross injustice- what can he do to appeal the situation?

A: If the broken pipe was his private line and not the public main, your friend may be liable. The rationale of the water company is this. Why should they be liable when your friend was in the best position to realize there was a leak? This is not to say your friend was at fault, but is the more negligent of the two. Normally, water companies will enter into a payment plan in these situations. Your friend may want to review this with a lawyer or even call the PA Utility Commission for another opinion.

 

Can I pay off my mortgage while in Chapter 7?

Q: I am in Chapter 7 bankruptcy. I paid the trustee some money and it is being distributed to my creditors. The case will be open for several more months. In the meantime, I have reached the age of 62 1/2 and I am going to cash out my pension, roll most of it over to a 401K and use the remainder to pay off my mortgage. My mortgage lender has agreed to very reasonable amount of money. Can I go ahead the do this deal while my bankruptcy is still pending? Do I need the court’s permission?

A: Generally, it is not a good idea to withdraw money from your pension to pay off a mortgage, especially while in Chapter 7. u would almost certainly be converting an exempt asset to a non-exempt asset, which may cause significant problems and even loss of property. You should wait and be sure to discuss any such plans with your bankruptcy attorney.

 

Son’s Probation Officer Says I Can’t Have Firearms in MY House

Q: My 19yr old step-son who still resides in MY house just got two years of probation. His probation officer is telling him I’m not allowed to have MY firearms in MY house while he’s on probation and living here. MY firearms are locked in a steel safe and I’m the only one who knows the combination. Don’t I have any rights here? What are my options?

A: Obviously, unless you are precluded from possessing firearms under PA or Federal law, you may keep an entire arsenal in your home. However, if it is a condition of your step-son’s probation that he may not live in a home where firearms are kept, he cannot live there while on probation. This law is not directed to you, but to him. Your options are to transfer possession of the guns to another person, transfer your son to another person whose home is acceptable to probation, or, have an attorney file a motion with your son’s judge to lift this condition of his probation.

What should I expect? DUI?

Q: On New Year’s Eve, I was pulled over. I had been drinking and also had a small amount of cocaine on driver’s side. I would say .5grams. The passenger had a lot more he also told the police what was on my side was his. I think they found it on the floor of driver’s side. The passenger was arrested. I was compliant and cooperate to the best of my ability with the police. They detained me, took me back to the station. I did a sobriety test there and passed, agreed to a breathalyzer and failed .135. They let me call a friend to pick me up. However, they did not tell me what I was being charged with or given any paper work. What should I expect? DUI, drug charge? Both?

A: I would guess both.  The police don’t have to tell you what they are charging you with. Sometimes there are not sure as they need to consult with the chief, a DA, or think about it after writing everything up. You can expect to be arrested by summons. A summons is a written notice for you to come to court for a preliminary arraignment, preliminary hearing, as well as a fingerprinting order. It will be sent to you both by regular mail and certified mail, return receipt. I assume you will be charged with 2 or 3 counts of DUI, possession of cocaine, and any motor vehicle summary offense that the police will use to justify stopping your car. Once you receive these papers, take them to a lawyer. The summons process is permitted under the PA Rules of Criminal Procedure to be used for most misdemeanor arrests when the police feel your contact information shows you have sufficient ties to the community, and will likely show for court. It is better for you than the traditional arrest process which would have resulted in your car impounded and you and you buddy spending the New Year’s Eve and the first day of 2017 in the jail.

Must my landlord return my security deposit?

Q: Is landlord allowed to retain security deposit after broken lease? Had an apartment with a very laid back landlord. Also had a roommate who had to leave the lease, I couldn’t cover the rest of the rent. Gave the landlord a three month heads up, which verbally was OK with. We left the lease June 1st even though it ran until Sept 1st. No legal written statement of landlord being OK with this but I do know he is currently renting the spot and has been since July 1st. After talking with him about security deposit at the end of July over the phone, he claims there were $300 in cleaning but has not provided any sort of list. He still hasn’t sent us the security deposit back. I’m wondering what legal action I can take and since a lot of dealing with this landlord was ‘off the cuff’ am I legal obligated to fulfill the rest of the lease? (Pittsburgh, PA)

A: In PA, a landlord has 30 days after the lease has ended or the leasehold is surrendered to return a security deposit after the tenant has requested in writing the return of the deposit and provided the landlord with his or her new forwarding address. As a matter of procedure, you should do this via certified mail, return receipt. If the landlord fails to return the money and has not explained a reason as to why he retained the deposit (i.e. clean up), the tenant can sue him for the deposit amount as well as damages. The landlord should be able to document his damage expenses. It must be damage and cannot be normal wear and tear. If you fear that since you left a month early, he could claim the month of June in unpaid rent, you may want to reconsider going after the deposit. An attorney would need to look at the lease before advising you.

Do I plead guilty to underage drinking?

Q: I got papers in the mail saying I am being charged with 6308 Purchase, Consumption, Transportation of Alcoholic Beverage By A Minor. It’s says it is a fine and a court date. If I plead guilty and pay the fine, do I have to go to the court date and will I have anything else other then the fine?

A: Don’t check the guilty box. Plead not guilty and send the required funds in. Many magistrates offer a first time offenders program whereby you attend a class and get the charge dismissed. If this is not a certainty, hire a lawyer to push the issue. If you plead guilty on your own, you will receive a summary conviction on your record for 5 years and a 6 months driver’s license suspension.

Can I get a gun permit in PA with a plea bargain to a simple assault charge?

Q: I had four chargers and plead out to a simple assault. I got a 100$ fine and court costs all of which were paid in full and finished probation early.

A: If the Simple Assault was graded as a Misdemeanor 2 or higher (M1, F3, F2, F1, etc.), and you pleaded guilty to it,  then you will be prohibited under Federal Law from possessing a firearm which will preclude you under the PA Uniform Firearms Act.  If you were convicted of a Mutual Combat Simple Assault which is graded as a M3, you will be OK. You need to order your criminal history to be certain of what you were convicted of.

 

SUMMARY OFFENSE OR BOROUGH ORDINANCE FOR PUBLIC URINATION

Q: What consequences come with a city ordinance for urination on private property without the owner’s consent? I am currently underage but not a minor, and I was recently charged with an underage drinking citation. I am almost done my community service hours and soon I will pay to have it off my record. If I go to court with this citation, will he see my underage and give a harsher punishment? And can this citation be expunged as well?

A: Being cited for violating a municipal ordinance and being cited for a summary offense under PA crimes or motor vehicle code are entirely different things. A conviction for a summary non-traffic offense such as underage drinking, public drunkenness, harassment, etc. is reported to criminal record repositories and become part of a state and nationwide basis. They are found in the PA Crimes Code. A borough ordinance violation, does not become part of any criminal record repository and is not considered to establish a criminal history. City ordinances are not found in the PA Crimes Code. The ordinance violation, to my understanding, doesn’t leave the municipality records system and is not shared with any other database. If you are to appear before the same district justice on the new ordinance violation who heard your prior underage drinking, I would say to be careful. If you were sentenced, but have not completed or fulfilled the terms of the plea agreement on the underage drinking which hopefully results on a withdrawal for doing community service, the judge could vacate your plea agreement based on the new charge. I doubt if he can sentence you to more than a fine on the municipal ordinance-jail should not be an option on the municipal ordinance violation. I need more facts however to give a precise answer. I suggest you seek counsel.

What should I do?

Q: My car was stolen by a 16-year-old boy, his sister and 3 men. The 3 men and the sister got away. But the girl left her Giant Eagle rewards card in the car. The boy totaled my car into a parked Salvation Army truck. The wreck knocked-out some teeth of one of them and they are still in the car. My child was traumatized. We were 3 feet away from getting in to the car, with Christmas packages when we realized someone was in it. What should I do?

A:  Obviously, this is a crime and therefore you need to report this to police. Get a copy of the police report. Contact your insurance company immediately and file a claim. They will need a copy of the police report. All insurance policies required the insured to report claims promptly. If some of the identities of these little reprobates are not known, the police should be able to track the girl with the Rewards Card and eventually she and all or some other reprobates will confess or rat out the others once the police start working on them and their parents. Oh, and give the teeth to the police. They can be tested for DNA if necessary. Also, they can be circumstantial evidence if one of the kids is missing any. As far as trauma for your boy, contact your health insurance provider to see if any mental health coverage is available for him.