Category Archives: Criminal Law

How am I getting charged with tampering with evidence?

Q: My sister used heroin before I picked her up. She went out in my car I stopped and a car behind me called 911. The guy in the car was helping to get her breathing I was looking for her Narcan. We have Narcan in her purse, in my mother’s home and in her car. In her purse was needles and I never touched them. When a probation officer searched her stuff, a needle fell out her purse onto a busy road. When the fireman found the needle, the cop charged me with tampering with evidence. (Pittsburgh, PA)

A: There is a reason. Their reason will be printed in the Affidavit of Probable Cause section of the Police Complaint, you should have received or will be receiving. It normally gives an explanation as to what the accuser/Affiant saw that prompted the charge. I advise reading this instead of calling the officer directly as you should not make any statements. My other suggestion is to find a lawyer for your Preliminary Hearing so that you can extricate yourself from this situation. I would need to review the charges and the Affidavit of Probable Cause to determine what they say your criminal conduct is.

Criminal investigation?

Q: Two co-workers and myself are under criminal investigation. We work at the local county jail and are accused of purposely causing a laceration to an inmate’s head. We are unsure when the inmate cut his head during the escort. Nor was it on purpose. We are unsure if the inmate struggled with us during the escort or was tripping on his own feet. We went through seven doorways which are the width of a normal house door and with a bent over inmate and 3 CO’s trying to not let him fall and keep control. Local state police detective keeps calling to try and get the other two officers to turn on me but they tell them the same thing that it was an escort that turned bad because of the inmate. It’s all on camera and multiple people saw it and said they’re unsure of what we’re being accused of. The detective even tried making a deal with me saying take a summary harassment AG’s will take it and charge all of us. It’s been 4 months and just recently the police detective called again and told my coworker to turn on us or all three of us are going to get charges. Our union attorney said there’s nothing but we’re tired of the suspension and scare tactics and it’s harassing.

A: This could be a very serious situation, so you should cease discussing it on the internet. The answer from any criminal defense attorney would be standard at this point. Do not make any statements to anyone, police or civilian, and find yourself a criminal defense attorney. Share all the facts with your attorney and only speak with police or enter a deal under advice of counsel.

Can I write my ex, who was my co-defendant, if the case is closed?

Q: Me and my ex caught some serious charges of robbery and burglary. I got a lesser sentence because I did not enter the house. He got sentenced to state prison. Now that the case is closed am I able to write him at least? I am currently on two years-probation for this case. I have lots to tell him and I would like to write to him. (Clymer, PA)

A:  If it is not a condition of his or your probation to have no contact, you probably can. You may want to ask your attorney before you do so. If you state things in writing relating to the case that would be contrary to your prior sworn statements, it could open you up to criminal prosecution (i.e., False Statements to Law Enforcement or Perjury if you ever testified). Please remember, the mail is opened at the jail before he receives it.

Can I be convicted on one person’s word?

Q: I went to store to purchase some items. Some stranger was standing next to me at store. Next day when I went to the same store that random stranger is blaming me for pick pocketing his mobile saying I was the only one standing next to him and when I left his mobile was missing. He doesn’t have any evidence nor any eyewitness and there’s no CCTV as well. Is this evidence enough for conviction? If not, what evidence will state require for conviction? Will I be entitled for benefit of doubt in this case? (Pittsburgh, PA)

A: If in fact, that is the ONLY evidence against you, and the alleged victim did not see you take the phone and can only say you were nearby, I think you have a good defense. The standard for a criminal conviction is that the state must prove you guilty beyond a reasonable doubt. The law does permit a person to be not only arrested, but convicted solely on the word of another person. However, in these situations, the person’s word must be extremely believable.

Will I get arrested for lying about drugs on Facebook messenger?

Q: I was trying to convince someone I was messed up so they would leave me alone so I said I was having sex for heroin. After I blocked the man (from Florida) on Facebook he drove to Green Tree (Pittsburgh) and messaged me after I told him I wanted no further contact and said he was going to the DA’s office to report prostitution. I was wondering if I could be arrested for that even though I have no drugs in my system. I was trying to get him to think I was too sick to be involved with him because he wanted me to move with him to Florida when I barely know him. He knows a lot about the legal system though which scares me. (Greentree, PA)

A:  If he is someone that trolls for sex on the internet and is desperate enough to drive to Pittsburgh from Florida for it, it is doubtful he will speak to law enforcement regarding his interactions with you. His threat of reporting you is just more manipulation that he hopes you will fall for. He probably knows the criminal justice system because he has been through it. His actions also sound closer to extortion and harassment.

Will my son go to jail for simple assault?

Q: Back in March my son who has an anger management issue donkey kicked me down the basement steps and I sustained a fracture of my right heel. It was a very significant fracture necessitating surgery and the physician feels that I will continue to have issues the rest of my life because of it. He and his five-year-old daughter had been living with me and now that he was arrested he refuses to let me see my granddaughter. Will he have to pay the medical costs that I have incurred? Will I be awarded any pain and suffering? Will he be forced to let me see my granddaughter or will he get jail time? (Glassport, PA)

A: He is in criminal court. The only decisions will be if he is guilty and if so, does he get jail time or probation. Criminal Court can make anger management counseling part of his probation. Criminal court can order him to pay back restitution (in your case, out of pocket medical expenses) over the course of his probation. Criminal Court can order him to have no contact with you. Criminal Court cannot award pain and suffering. Criminal court cannot do anything with custody of visitation of your daughter. If he gets jail time, unless the mother of the child is able and willing to parent, you may be eligible to be awarded temporary custody in Family Court. You may want to contact a Family lawyer to ask in the event your son is incarcerated, or a no contact order is invoked, if you have standing to file for custody or visitation with your grandchild.

When someone runs a criminal record what shows up?

Q: I’ve always heard after 7 years your criminal record means less. I’m just wondering why? Thank you in advance! (West Homestead, PA)

A: You have heard wrong. There is no expiration date for most criminal records. Under the recent amendments to PA law, you can now expunge a misdemeanor 2 after 10 years of arrest free behavior and a misdemeanor 3 after 7 years of arrest free behavior. Also, summary (Disorderly Conduct, Harassment, etc.) convictions can expunged after 5 years of arrest-free living. Please remember that the arrest record remains in the system even if your case was dismissed, withdrawn or you were not found guilty.

Is it true that if a victim no shows for three court hearings, the case is tossed?

Q: The alleged “victim” in my case has not shown twice at the magistrate to testify against me. The cops are trying to put a felony on me for aggravated assault. The victim started the fight and was only in the hospital overnight. If he fails to appear, will the judge throw the case out? (Pittsburgh, PA)

A: There is no such rule but since I began practicing it is a generally accepted way of operating. The only exception I have seen is where the DA can show some compelling reason.

Why does the state board of pa have my misdemeanor still listed when my name is Googled?

Q: I received a misdemeanor under the Drug and cosmetic Act for Pa State Board of Nursing. For my first offense, I was offered an ARD. I checked my criminal court record numbers, they stated NO RECORDS EXIST. I am job seeking, worried about my record and decided to Google myself. There it is, my name, license number, offense, and punishment of 1-year suspension listed. WTF? This will prevent me from getting a job and now I must explain my misdemeanor. Isn’t that what the auto expungement was for as stated.  I paid my fine in full, finished my probation of 3 months. It is over, the 1-year probation as well starting 4/20/16 to 4/20/17. Why are they listing it still? What gives? I do realize the state board and criminal court are two different entities. I just don’t know what I didn’t’ do correct. Will it go away ever? Please advise. Thank you. (Pittsburgh, PA)

A: It sounds like you successfully completed ARD in Allegheny County and the DA expunged your record for you. Your expungement removes all records from criminal data bases such as Allegheny County, the Bureau of Criminal Information, the Uniform Judicial System, the PA State Police and the FBI. There is no way for the expungement order to reach the hundreds of criminal record search websites proliferating the internet. It is possible that one or more than one of them have your arrest record posted. You can send them a certified letter demanding them to remove it or correct it. It is most likely that a future employer in PA will run your record through the PA State Police and not rely on any of the hundreds of rogue websites that provide this “service.” You can always answer, I was never convicted of a crime, truthfully. If asked were you ever arrested, you will have to say yes. Additionally, if the state board took some action against you, that has nothing to do with criminal court. That information is controlled by whatever board you are licensed by. If their disciplinary action against you was posted on the internet, you must ask them why so and how to remove it.

How can a Judge deny my right to withdraw my guilty plea?

Q: I pleaded guilty because I was promised Drug Court. The deal exploded and the DA refused to agree but I entered the plea anyway as I was nervous and my attorney was little help. Can the Judge deny my right to withdraw my plea? I have not been sentenced yet and have no idea what my sentence will be and don’t trust anyone. Is there a civil rights violation here?

A: You can file a petition to withdraw your plea at any time prior to sentencing. You must file a written motion making the request. The decision is entirely in the judge’s discretion. Usually such requests are granted. Be aware however, that now you will face trial unless you can negotiate a deal with the DA that is acceptable to you. I do not see a civil rights violation here.