Category Archives: Criminal Law

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.

Can I keep my family from knowing about my expungement?

Q: How can I keep an expungement secret from my family? Expungement of Possession

A: Not enough information to really answer but if you are filing to expunge a previous conviction, no one should know except you, your attorney, some of the employees in the court office who take the filing, the Assistant DA who handles it and employees in the State Police Office. You should not have to go to court. It is not published to the public, or advertised, or listed on the docket. It is a relatively private proceeding. Plus, don’t tell anyone.

What are the rules governing a police officer questioning minors?

Q: Recently, a police officer was in my neighborhood investigating an incident. I was next door speaking to a neighbor, and my 6 year-old let the officer into my home. I came home approximately 7 minutes later and he was questioning my 6 and 9 yr old children about a poaching incident in our neighborhood. Obviously, they could not have committed the crime at such young ages. When I returned and asked him why he was questioning my children without my presence, he informed me that he was just seeking answers. Later that day, Children services came to my home because the officer had filed child endangerment charges. I was less than 100 feet away, my 9 yr old has a cell phone with which to call me, and child services dismissed his concerns about the children.

A: I would need more information. The way you describe it, or suspect, is that the police gathered evidence illegally about you and called CYF to make it appear that there questioning of the children had a legal basis. It doesn’t sound like a strong case of Endangering Welfare of Children, but the standard to arrest you is not demanding. If arrested for EWOC, you may have a good defense, based on your information. If you are arrested for something else, like poaching, which was based on the evidence the police obtained from your children, your attorney may have grounds to suppress the evidence as illegally obtained, but that is always an uphill battle.

I’m not trying to go to jail. I have a family to support

Q: Am I looking at time in jail and with what my attorney says he can’t tell me for sure? I am looking at 10 counts of Receiving Stolen Property 10 counts of Theft by Deception-Fail to Correct. I live in Moon Township but my case is in the Beaver County Courthouse. This is my first ever criminal offense. My main objective is to avoid the jail. I can pay the restitution of the amount at 1400.00. The cop said because of me cooperating he would let the DA know. Also, I am an ex correctional officer and a veteran. My main concern is I wanna have good representation. Not to say anything bad about my attorney but should I consult with others as well? I’m not trying to go to jail. I have a family to support. (Moon Township, PA)

A: First, you should have this discussion with your attorney and be candid with him that you are not happy with his uncertainty of your case. Another attorney would need to know all the facts to determine what your options are. There is nothing barring you from speaking with several criminal defense attorneys. In Allegheny County, with no criminal record, the fact that you can satisfy restitution, and if the DA agreed, you may have some better options than jail. Has anyone mentioned ARD? An ARD disposition mean no conviction and if you completed the terms of your ARD probation, your record would be wiped clean. Whether Beaver County offers this is up to the DA, but I would inquire about ARD as well as a dismissal in exchange for payment of full restitution. It may be that your DA has decided not to resolve your case without a guilty plea. In that case, I cannot see why probation is not possible.

How can I get copies of my expungement papers if I lost them?

Q: How does someone go about getting a copy of past (few years old) expungement orders after losing my personal copy? The expungements were completed without counsel so I don’t have the option of going to an attorney’s files. Does the court records or DA’s office keep the order on file or do they destroy it with the case files? Particularly in Allegheny County, PA.

A: If there was an expungement order, your records may have been destroyed by the Department of Court Records. Call them and ask. They may keep a copy of the order in their own file which is not a public record or direct you to the DA, who may also keep a copy.

I am being charged with Simple Assault

Q: I was charged with simple assault misdemeanor 3 for someone trying to assault me at my home. I am a paralegal who worked for a attorney in my town until his passing. I have a question that will blow your mind. A man posted on face book pictures of my house, stating he was coming to my house to kick in my door and drag me outside and beat me. (Of course I have screen shots) Hours later this man came to my home. Upon opening the door I physically assaulted him with six full cans of pop wrapped in a pillow case, repeatedly. I did this immediately as he knocked aggressively and I opened the door. Now the police officer handling the case calls me today to give me a heads up that the D/A is charging me with M3 Simple assault. The man said I stabbed him. WRONG. I even let the police view my home that has small children inside at the time. How the hell is it possible I am charged with anything. YES I have a vast criminal record. YES I assaulted him on my porch. What is my next step? (Pittsburgh, PA)

A: Two people engaged in a fight can both be charged with Simple Assault by Mutual Combat which is an M3. You may even have a self defense argument. They key is not to talk to anyone, including the police, except an attorney. Save your screen shots and preserve all other evidence.

 

Can I be arrested for using my ex’s credit cards?

Q: Can I be arrested or go to jail for using a debit card of my ex-lover for bills, even though he gave me permission to use it? My married ex-lover gave me his debit card to use to pay my car payment in November. He told me to keep the numbers handy in case I ever came upon any emergencies. He’s my ex, but we remained great friends. Well I lost my job, and I used his debit card to pay my rent, my car, and my phone bill. Now, he’s playing the jerk card and telling me I have to pay him the $2000 by tomorrow. What am I suppose to do? Can I go to jail? Can I be arrested? I don’t have the money to pay him back, and he gave me permission to use his card in the event of an emergency. (West Homestead, PA)

A: This sort of situation arises to a crime if you knew or should have known that you were not to continue using his cards and therefore not permitted or privileged to do so. If he tells that police that you knew, or should have known, you were not so permitted or privileged, you may be arrested for theft, access card offenses, etc. If in fact, you did not know, or should not have known, you may have a defense in what would be, a his word, against her word, trial. The danger is, is that it does not take much to be arrested. If you are, you will probably have a low bond. Do not make statements to the police and get a lawyer right away.

Can the Commonwealth make me testify?

Q: As a Commonwealth witness, can I be incarcerated indefinitely because I refuse to testify in a criminal case in Pennsylvania? The Assistant District Attorney wants to revoke bail for the other witness and have him remain in jail because he refuses to testify in a criminal case.

A: The other witness has some issues and I hope that he or she has a lawyer. It sounds like he or she is on bond for a crime and it may be a bond conditions that he or she “cooperate” with the Commonwealth. If that is the case, he or she is in a tough situation if they now wish not to testify. As for you, you are not saying here that you are on bond or you are part of the case as a co-defendant, which makes a difference. First, you need to be served with a subpoena. You should review this with your attorney to see if you may incriminate yourself by testifying. If you will incriminate yourself by testifying, the attorney may advise you invoke your 5th Amendment rights and not to testify. If you will not incriminate yourself and have no 5th Amendment protection, and you are merely a factual witness, you have no right to not testify. However, if you wish, you can tell the Assistant District Attorney that you will not testify. The ADA can ask the judge to hold you in contempt of court for not testifying which can result in you being jailed and a contempt hearing being set. It doesn’t mean it will happen. If you want to play chicken with the ADA and the Court, you can refuse to testify until the judge tells you he will hold you in contempt and incarcerate you. At THAT point, you have a big decision to make. I don’t recommend playing chicken if you do not have a 5th Amendment right to protect. Again, I would consult with a lawyer to determine your rights.

Can I take my plea deal back at big court?

Q: Can a plea bargain at the preliminary hearing level be taken back if I signed it? I was charged with 2nd DUI on the 2nd tier, and also child endangerment and was offered a plea bargain, which I did sign. My lawyer told me the DA didn’t know about a new law. My question is what are my chances of losing the deal when I go to big court? (Pittsburgh, PA).

Q: I am not sure if I understand your question. If you signed some waiver agreement at the preliminary hearing and your case is now going up to “big” court (Court of Common Pleas), you can still change your mind and go to trial or have your attorney push for a better deal. If you actually pled guilty and were not sentenced, but now want to withdraw your plea, prior to sentencing, the rules are generally favorable for you. You really need to have serious discussion with your attorney about this.

Do I have a right to see the video?

Q: If an officer is accusing you of a crime and states that the crime is on video, does the officer have to show you the video? The officer is stating he has a video of someone committing a crime and the “defendant” requested to see this “evidence” and the officer refused. I was just wondering if there is any law against this. The officer left voicemails threatening this person and accusing this person and when the “defendant” asked to see said video the officer said he was just going to file charges against “defendant” for said crime. (Munhall, PA)

Q: The officer has no legal obligation to show you or your attorney the video before he arrests you or even before the Preliminary Hearing. Some officers, will allow your attorney view it, prior to the charges or shortly thereafter, if the attorney requests. However there is no obligation to do this. Procedurally, the video is evidence that doesn’t have to be given to the accused until “discovery” applies, which is after the formal arraignment. If the cop won’t let your attorney watch the video, your attorney can still file a motion for a court order to view it, but the officer can still file the charges. It will be easier for your lawyer to do this after the Preliminary Hearing.