Category Archives: Criminal Law

Should I plead to Disorderly Conduct charges when I was attacked?

Q: How should I plead on a disorderly conduct charge (PA 18 5503 A1)?I was at a bar and some friends and I were in the process of leaving. A guy that was outside getting into his friends car started heckling us. As they started to drive away the man rolled down the window and continued (he was clearly drunk). I yelled back which prompted him to jump out of the car and attack me. While I did throw the first punch, he came at me with what I assumed to be an intent to harm. He grabbed me by the collar and there was pushing back and forth before I hit him. His friend then got out of the car and joined in the fight as well. Cops showed up and saw them attacking me and arrested them. I explained it was self defense and they said I could go. About a week later I received a Summary charge for Disorderly Conduct. How should I plead? What can I expect in either case? I should also add I have no record or any prior convictions of anything besides traffic violations.

A:Plead not guilty and hire an attorney for the hearing. If you get convicted for a DC summary, it will stay on your record for 5 years assuming you get in no further trouble in that 5 year period. It sounds like you have enough for any experienced criminal defense attorney to employ self defense as a total defense . The police may have cited you as a way to get you to come to court to be there witness. An attorney can talk to them for you and figure this all out.

 

Why did his Public Defender “waive” his case?

Q:  Does a public defender waive court appearance. A  friend is in jail, and the past two court dates the public defender waives his appearance. Why ?

A: If you are stating the PD waived a case to a further court, that is not that unusual of a practice. Many times an attorney or PD will advise a client to waive a case from a preliminary hearing, which means he did not choose to contest the matter at that particular hearing. Sometimes it is done because the lawyer or PD did it in exchange for some of the charges to be dropped, sometimes it is done in exchange for a lower bond, sometimes it is done because there is no defense and to litigate a preliminary hearing is a useless effort. You need to ask the PD.

New possession of marijuana charge while on ARD for a new DUI

Q: What happens if I am in ARD in Green County and have been charged with small possession of marijuana while still in the program? I was charged with a DUI and small possession in May 2015. I started the ARD program in November 2015 and was charged last night with another small possession. I was wondering what will most likely happen next? Should I hire an attorney? Jail time because it is a subsequent offense? What are the chances that I can get the case dropped?

A: In Allegheny County, this new misdemeanor arrest could get you kicked out of ARD. You need to hire a lawyer and see if he can turn the Possession charge into a summary charge at the District Justice level. Taking this measure could keep you in ARD, but no guarantee. My experience in Allegheny County is that you can receive ARD on a DUI even if you have a prior Probation Without Verdict (PWV) on a drug charge, but not the other way around. Another problem is that since you had a prior possession of drugs with your DUI ARD, you cannot get another diversionary program like PWV after your ARD if your new charge is held for court. You need to have this new possession charge pleaded down to a summary.

 

Handcuffed, fingerprinted and photographed for littering in Pennsylvania?

Q: I have a friend who was walking from the corner store, had just bought cigarettes, and threw the plastic wrap on the ground. Police handcuffed her, took her to Central Booking, fingerprinted her and photographed her before releasing her. She was cited with 75 Pa.C.S.A § 3709, but from what I’m reading, the language states “from a vehicle”. How does this law apply in her situation? Would it be worth it for her to fight this charge?

A: Police normally don’t process someone for a summary offense which is what 3709 looks like to me. Frankly I haven’t ever had anyone cited for throwing a plastic wrap on the ground. I would plead not guilty and defend it vigorously. If she was a pedestrian, I agree that § 37089 does not apply but 18 Pa.C.S.A. § 6501 would. If I was her I would fight the charge. Was the area posted?

 

Can I get my Retail Theft charge expunged?

Q: Will attending the ASI course in Allegheny County get the charge and fingerprints expunged or just dismissed. What is required to get the first retail theft charge and fingerprints (of a 17 year old) fully expunged? (Marshall Twp, PA)

A: If the District Justice ordered ASI for you, as long as you complete the program, which is a diversionary program, there will be no conviction. However, you will need to have an attorney to expunge the arrest records. As soon as District Justice dismisses the charges, call an attorney to start the expungement process.

Can I get taken off probation early?

Q: I have a 3 year probation sentence and currently into my 20th month with no violations. What are the chances of my probation officer petitioning for my early release. I have not been violated on any manner and pay my fines every month, but at the rate that I pay a month my probation will be over before being paid off. If he does agree what are the chances of the judge agreeing to this. (New Castle, PA)

A:  Ask a local lawyer who regularly practices criminal law in Lawrence County as it totally depends on how liberal the judge, the PO and the DA are towards early parole petitions in general and their view of you as a defendant. Some probation departments will put the paperwork in for you and some will not in which case you will need to hire a lawyer to file a petition.

Will harassment citation stay on my record?

Q: I was found guilty of a citation for harassment and was fined $100 and court cost. Will that go on my record. I worked for this private daycare and I quit after 1 month. And she was trying to hold my check so I told the owner to mail my check or I was going to call the state on her.

A: Yes, if convicted it will be on your record. You can expunge it after 5 years of arrest free behavior. You may consider appealing it if it is within 30 days of the conviction. What you describe really does not sound like harassment to me.

On probation for Felony. Now, two new DUI charges!

Q: What if while on a felony probation, someone gets a DUI for drugs, then a few months later gets 2nd DUI for alcohol? My nephew, while on a felony probation, wrecked and totaled three cars while under the influence of heroin. Then 5 months later he got a 2nd DUI for driving under the influence of alcohol. Can you tell me what type of consequences he is facing? He is being held in jail awaiting the hearings for these offenses. Thank you.

A: He could face violation time from his probation judge. I am not sure if his bond is holding him in jail, or a probation warrant/detainer. On the two DUI’s, assuming he has no prior DUIs within the past 10 years, they will both be treated as a first if he didn’t plead on the first one yet. In Allegheny County they may offer him a Phoenix deal which will be DUI hotel for a weekend and all the normal fees and charges and probation that comes with a DUI. He may also be able to get house arrest. As for the probation judge, that judge may hold him as his behavior is certainly consistent with someone that has an out of control substance abuse problem. If the probation judge will continue to hold him, you may want to consult with an attorney about the chances of filing a motion to permit him to transfer to a rehabilitation facility pending the violation hearing.

 

Can my husband get out on nominal bond?

Q: My husband has been arrested for 180 days. Is he entitled for release on nominal bail? It is not a capital case. However he filed omnibus pretrial motion about 2 months ago. His lawyer refused to file the motion for nominal bail. (Glassport, PA)

A:Normally, one cannot be held in jail awaiting charges for more than 180 days, pursuant to Rule 600 of the PA Rules of Criminal Procedure. This rule reflects that Constitutional right to a speedy trial. This is of course, if there are no other legalities that act as a hold or detainer on holding your husband in jail. These other legalities could be things like a probation detainer or family division support warrant. Also, if there were any time delays that were attributable to him or his attorney such as continuance that time would extend the 180 days. For example, if your husband postponed his Preliminary Hearing for 30 days, that 30 days would be added on to the 180 days. These questions should be directed to his lawyer.

 

Will unsupervised probation show on a background check?

Q: My husband was accused of animal neglect but the lawyer made a deal of entering a non guilty plea if he is on unsupervised probation for 90 days and does 40 hrs community service. Then the case will be dismissed totally. The problem is that he applied for a job before this happened and is very close to getting hired. Will this show up when they run a background check. If this is anything wrong in the background check he will not get the job.

A: What your husband’s situation sounds like to me is that he went in front of a District Justice and his attorney negotiated a deal where the case stays at the District Justice level and gets withdrawn or bargained down to a summary if your husband does what is asked. I have no idea whether he was charged with a misdemeanor, felony or summary from what you write. If charged with a misdemeanor or felony and processed when arrested, he has an arrest record for what he has been charged with. Therefore, it is on his criminal history. Once the case is dismissed, he can expunge his record. If he was only charged with a summary offense, there will still be a record of all the paperwork filed at the District Justice level. Anybody with access to the PA State Police record system will be able to find this information. My suggestion is to seek an expungement of all the records once his case is dismissed. You will need an attorney to do this for you.