Category Archives: Criminal Law

Will I go to jail? Is there a statute of limitations?

Q: I was called today in reference to a woman claiming that when we had sex, it was not consensual. This accusation happened three years ago. A detective called me and asked me to come in and answer some questions. This accusation has completely blindsided me and I’m wondering what is going to happen next. (Pittsburgh, PA)

A: More information is required to determine if a PA Statue of Limitations subsection applies as there are numerous factors needed to be known, like the specific charge and whether the victim is a minor. However, the statute of limitations for sex crimes has been greatly expanded over the past few years-as much as 50 years with some sex crimes. Non-consensual sex is Rape. You really need to find a lawyer asap and not speak to the police or anyone about this including friends and acquaintances. Gather your evidence from this event as best as you can. This could be a serious situation.

Can a 21-year-old male date a 17-year-old female in Erie PA?

Q: My friend and I have been wanting to date each other for some time but choose not to because of not knowing the legal standards in Pennsylvania. Is she able to date me and is she able to make her consent on this? I’m looking for an honest real answer because I don’t want both of us to get in trouble with the law. (Erie, PA)

A: I am not sure what you mean by “dating” but if you intend on having sex, you should be careful. Her being over the age of 16 avoids almost all the having sex with a minor crimes in the PA Crimes Code. However, you could be subject to a Corruption of Minors charge, due to the age difference. I see this happen when the parents or family of a young girl allege the older male is tending to corrupt her by having sex or furnishing alcohol. The parents could actually file the charge as she is still a minor until age 18. If anyone in her family is not on board with this you should wait until she turns 18. Even if they are OK with it, things can change.

Will I go to jail? Is there a statute of limitations?

Q: I was called today in reference to a woman claiming that when we had sex, it was not consensual. This accusation happened three years ago. A detective called me and asked me to come in and answer some questions. This accusation has completely blindsided me and I’m wondering what is going to happen next. (Pittsburgh, PA)

A: More information is required to determine if a PA Statue of Limitations subsection applies as there are numerous factors needed to be known, like the specific charge and whether the victim is a minor. However, the statute of limitations for sex crimes has been greatly expanded over the past few years-as much as 50 years with some sex crimes. Non-consensual sex is Rape. You really need to find a lawyer asap and not speak to the police or anyone about this including friends and acquaintances. Gather your evidence from this event as best as you can. This could be a serious situation.

Can my roommate put video surveillance cameras in our house?

Q: I live in a four-bedroom house with three other roommates. Since they have moved in they have been a nightmare to live with. They moved all the furniture out and since that point in time installed security cameras in both the living room and kitchen. The cameras record video and audio. Is it legal for them to do this in the state of Pennsylvania? Is this a violation of wiretapping laws? (Pittsburgh, PA)

A: You should consider moving out and certainly bring this to the attention of the landlord. Audio taping without your consent is a definite violation of PA wiretap laws. However, if the cameras are in plain view I do not think the video violates PA wiretap laws.

I wrecked my car and my son’s drugs were in it which I didn’t know

Q: I was driving and ran off the road. No property damage. My granddaughter was in the back seat. No injuries. Drugs and paraphernalia that was not mine was in the car and I didn’t know about it until the police stuck it in my face. I own the car, but my son drives it all the time. What kind of charges and outcome am I looking at? How do I prove they were not my drugs? (Pittsburgh, PA)

A: If you are guilty or plan on pleading guilty, to determine what your sentence would be depends on several factors such as the type and quantity of drugs and your prior criminal record. If you have no record or a minimal criminal record and the drugs are consistent with personal use, marijuana or even heroin, you could be looking at probation. If they found several pounds of packaged heroin in your car, that is another matter. Also important is where the drugs were found in the car. The Commonwealth would have the burden to prove a theory of constructive possession beyond a reasonable doubt to convict you. These cases are very fact specific. If all the facts in their totality indicate that you may not have been in possession of the drugs and they may have belonged to someone else, you may have a defense. Only a skilled criminal defense attorney would know so I suggest you consult with one.

How do I try to have a misdemeanor hit and run dismissed?

Q: On Monday, November 4th , on my way home from work, I entered a traffic circle and was immediately blinded by oncoming headlights. I felt a very slight bump and felt I may have bumped a reflector pole in the circle. At home, I checked the car and there was a scratch on my right front fender. That evening an officer arrives to let me know I bumped another car and he needed my insurance, license and registration to share with the other driver. Tuesday the officer calls to tell me I need to come in for fingerprinting due to a hit and run charge! It was a minor hit and run charges with little damage and no injury! Can it be dismissed. How would I try to do that? (Mt. Pleasant, PA)

A: Try to get an experienced criminal defense attorney. Most people are not aware of the laws applied to these circumstances, but they are strict. Section 3743 of the Title 75 of the PA Motor Vehicle Code requires you to remain at the scene and exchange information when there is an accident involving property damage. Section 3744 basically says that if you cannot locate the other driver or property owner you need to go to the closes police station and make a report. A misdemeanor 3 can stay on your record for years, and there is a hidden driver license suspension with this offense. Believing that you hit a reflector pole, if damaged, would require such reporting to the police. However, your defense of not knowing you hit another vehicle and you being fully insured and hopefully not having a bad driving record, may help in negotiating this down to a summary leaving the scene or even another less harmless traffic offense. An attorney will know every angel of this. Do not try it on your own.

How do I go about handling a fleeing and eluding charge?

Q: I was joyriding with some of a few old friends and state troopers had flashed their lights, but I didn’t see them until they were behind me completely. Once I had announced to everyone in the car that they were behind us, the friend in the passenger passed back a black hat which unbeknown to me, had a gun in there. So eventually I see an exit ramp and try to come off, but I was going too fast and lost control of the car and crashed. Now I’m and being charged with fleeing or eluding an officer, firearm not to be carried w/o license (no crim-violence) and reckless endangering another person. (Butler County, PA)

A: Lawyer up, immediately! Gun cases (Uniform Firearms Act) are taken seriously by the DA and not often bargained down. There is always reasonable doubt for an attorney to work with when there is a gun or drugs found in a car with multiple occupants. You need a good attorney to develop that “black hat” defense. It will be easier for everyone in the car if someone admits to possessing the gun. A good attorney may be able to spin the fleeing and eluding into a summary traffic offense like reckless driving or careless, but it will be a challenge. You need to hire a private attorney or sign up with the PD, now.

Does citation for Disorderly Conduct and Endangering stay on your record?

Q: I got two citations in the mail for disorderly conduct and endangering others and myself I got a citation for $400. Is it better for me to pay the citation or fight it? Will itgo on my record permanently and my background checks I get to work? (Pittsburgh, PA)

A: Of course, it will! If you plead guilty and send in the money by mail, it will register as a conviction of a PA Summary Non-Traffic offense, which will show on your record. Under the expungement statute you can file paperwork to remove the convictions after five years of arrest-free behavior. Under the new PA Clean Slate Act, perhaps the government will remove the convictions but there is uncertainty as to when. If you are a first timer in court, an attorney may be able to have these dismissed, or at a minimum waive them to the Court of Common Pleas and enter the ARD program for first offenders. You will not have a conviction and your record will be expunged if you complete ARD. I would plead not guilty and speak with a private attorney or public defender asap. Additionally, I am unaware of an ‘endangering” charge that is a summary offense. Recklessly Endangering Another Person is a misdemeanor or felony-more reason to see an attorney, now.

Can I be charged two times for the same misdemeanor?

Q: I had a detainer for my probation. I got arrested. I paid my fines and they let me out. My probation officer told me that the case was closed. I got stopped by police and they arrested me for a warrant but it’s the same docket number. It is the same case. I told the police that and they told me to tell it to the judge. What should I do? (Beechview, Pgh., PA)

A: I am not sure what happened to you and would need to look at the docket and paperwork before reaching any conclusions. However, you can be arrested twice for the same offense but never prosecuted and convicted of the same offense. Mistakes happen and sometimes people are picked up on warrants that have been cleared or quashed. However, if charges are filed on an incident which you have already been adjudicated on (found guilty or dismissed by a court, after a hearing) that constitutes double jeopardy under PA Rule of Criminal Procedure 109 and 110.