Category Archives: Criminal Law

Can I get off probation if I still owe $16, 000 in restitution?

Q: I just saw my probation officer today and I expressed that I really want to get off of probation next year. It ends in five years. However, the amount I still owed is lower but not the full amount. The probation is in Westmoreland County. But I’m supervised in Allegheny. My PA said that the county might not let me off until the monies are paid in full and my probation will be extended if I do not meet the deadline. Is there any other option I can go with beside paying it all off in one-year. Will it help getting a lawyer, paying off half in one year or something? Should I rob a bank?

A: Normally, a probation case cannot close until all conditions are met, including restitution. However, I would review all the facts with local counsel and see if it is worth filing a Motion for Early Termination of probation. For example, if the victim to whom restitution is owed will accept a negotiated lowered lump sum payment and the DA agrees, maybe it can happen. I did this once or twice over the years. The chances are against you but it might be worth asking.

Will I go to jail?

Q: My sister and I got into a fight on campus property. She called the cops on me & the cops called me and asked me to come into the station, I went into the police station they told me my charges (simple assault, harassment, criminal mischief- destruction of property) ~ I threw her phone and it broke. I was arrested for the night it was the scariest thing of my life, I never want to be handcuffed or in a cop car or in jail. I was ready to cry. My mug shot was take and they got my fingerprints. I was placed in the holding cell for the night, and in the morning around 9am I saw the judge. The judge explained all the charges to me, he let me leave on a bail of $5,000. He explained that this bail will be lifted if I do not engage in any physical contact with my sister. The judge explained that I have a preliminary hearing in a week and that I need to show up, and if I don’t show up I will be arrested. I left the correctional facility and called a public defender I explained to the lady that I am a college student, and I can’t afford a lawyer. I honestly just regret this whole thing happened but it did. I’m just scared of the outcome.

A:  Talk to your Public Defender attorney. As a first timer and college student, you have options to get out of this without a record. Whatever caused your outburst, whether alcohol or anger, needs to be addressed. You may want to be proactive and consider some counseling, if necessary. If you don’t think you need it, do it anyway as it will make you look better when you come to court.

Can the guy get charged for statutory rape?

Q: A friend of mine’s daughter, age 15, was dating a 20-year-old. My friend did know about the relationship and was okay with it. Her daughter got pregnant with this gentleman. Now the thing is, she’s afraid since CYF became recently involved with them, they will take her daughter away who is now 16 and press charges on the gentleman who is now 21. Can he be charged with statutory rape even if the relationship was Allowed by her mother?

A: Yes, I am afraid that is a violation of the law. At a minimum, he can be charged with Statutory Sexual Assault and Corruption of Minors. Children, Youth and Families cannot press criminal charges but can refer the matter to police who will interview her and decide whether to file. Additionally, if your friend, the parent of the girl was “okay with it”, and the police find out, he can be charged with Endangering the Welfare of Children, commonly known as EWOC in the trade.

Is it legal for a 17-year-old to have sex with a 14-year-old?

Q: A co-worker of mine just found out her daughter that is really 12 (but told the boy she was either 13 or 14) is now pregnant. He is 17 and said that she kept perusing him and eventually they had sex. She wants to have the baby and her mom, the nurse at the PCP office, and several other people tried to change her mind. What can her mom do if anything probably without the daughter’s help or permission? She has already been told that if her daughter wants to have the baby there is nothing she can do which means she is now going to be raising another child cause her daughter is still a minor and not responsible. Please give us some advice cause the mother wants to try to press charges or even a PF but don’t know what she can do.

A:  Yes, what you describe sounds like Statutory Sexual Assault since the victim is under 16 and the defendant is 4 or more years older than she. This is a serious matter and yes, the mother can commence criminal charges with the police. Before the mother launches that ship, she should speak with the daughter and perhaps seek counseling for the daughter. Involving the criminal justice system will have a profound impact on the daughter.

I was placed on the rest for serving liquor to minors and I had a gun in my purse

Q: Can they search my handbag when I’m placed under arrest without my permission. I had a gun with me. I had a permit. I was under arrest for serving liquor to some teenage boys at my friend’s party. These boys were my son’s friends and they brought the beer into my apartment. The cops came because a mentally ill neighbor complained of the music. (Donegal, PA)

A:  If what you are saying is that you were placed under arrest and your bag was searched pursuant to the arrest, it is likely that the search of the bag was permissible. If you have a carry permit and are not barred from possessing a firearm, you will not be charged under the PA Uniform Firearms Act. I would be concerned about the other charges which are likely to be Corruption of Minors and Furnishing Liquor to Minors. You need to see an attorney.

Can two people live together that are on probation?

Q: He has been on probation, and she just got on probation. They are married and expecting a child.

A: There is no law against it. It is only a problem if it violates a term or condition of their probation. If it was not listed on his terms of probation paperwork or the judge didn’t state it on the record, it is not a violation. You can always ask the probation officer but you will need to decide if you want to open that can of worms.

Can I be charged for rape as adult when I was between the age 11-13?

Q: I am now currently 23. I was accused of rape by a foster-sister. She was between the age 7-9 and I was between the age of 11-13. I had a detective talk to me in 2015. I told my side of the story saying I didn’t stick my male parts in her. I said things did happen with clothes on and I wrote that in a report in 2016. Another Detective comes to me saying we need to go over paper work basically starting a new Investigation saying that they did a penetration test and basically telling me I he knows I did I gave him what he wanted to hear. He called the da and they said not to arrest me it’s been like 2 years nothing has happened. Lawyers In my area won’t help till I get paper work but that hasn’t happened. What do I do?

A: Don’t speak with anyone, police, friends, no one. You can be charged with rape and a variety of sexual crimes which are as serious. If you are contacted by police, refuse to speak with them no matter what they promise in exchange. You have no legal obligation or duty to speak with them, period. They know this. They have no right to take you anywhere unless you are arrested. If they do contact you again, say nothing and call a lawyer. No lawyer can really help you until you are arrested. I have no crystal ball but it sounds like the police do not want to prosecute. However, if the victim really pushes this for one reason or another, they may have to file charges.

Can two people live together that are on probation?

Q: He has been om probation, and she just got on probation. They are married and expecting a child.

A: There is no law against it. It is only a problem if it violates a term or condition of their probation. If it was not listed on his terms of probation paperwork or the judge didn’t state it on the record, it is not a violation. You can always ask the probation officer but you will need to decide if you want to open that can of worms.

HUSBAND AND WIFE FIGHT. WHY WAS NOT MY HUSBAND CHARGED?

Q: I was charged with open lewdness and disorderly conduct. My husband and I got into a fight right after I got out of the bath. He dragged me out of the house I had no clothes on but from observer’s point of view it looked like I ran outside totally naked. The neighbor’s teenagers were outside by their cars (smoking pot) but I am sure they have seen a nude woman before. How am I being charged if I did not purposely go out naked and it was against my will? Why is he not being charged?

A: If you explained this to police at the scene, and the way you present this is what actually happened, I have no idea why he was not charged. I would get a lawyer to represent you as this can be defended or it has a good chance of being withdrawn at the Preliminary Hearing.

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.