Category Archives: Criminal Law

Is this considered stalking?

Q: I worked at a company last year and had a brief flirting exchange (flirting only – we did not have sex) with one of the company’s salesmen. He resided in California but came to our headquarters in the mid-west only every couple of months. He told me he was divorced. I came to find out that he was not divorced and that his wife had seen some of our flirting texts on his phone. I then called it off. Over the last nine months, his wife has called my friends, family, and co-workers (sometimes in the middle of the night) telling them that I am a whore and home wrecker. I left the company and am now unemployed, but will be starting a new job soon. My fear is that once she finds out about my new job at a new company, she will begin harassing my new employer in an attempt to get me fired. She is very careful, however, to only use restricted phone numbers or throw away cell phone numbers when making these calls. Is what she is doing illegal? What can I do to protect myself here?

A: Her conduct may be harassment or stalking and subject her to criminal prosecution. You could consult with the local police or the DA. Keep all of the calls and records from the past as well as a journal of all of her unsolicited contact. The DA or police may advise you on how to activate a service with your phone company to trace calls. If that is not possible, the DA, or even your own attorney, through subpoena or court order, can obtain the phone records. Having the phone records will likely be essential to your case if charges are filed as most of the communications seems to be via telecommunications. The last time I was involved with this issue, I was defending someone in criminal court. The alleged victim’s phone calls to my client were essential to our defense. The cell phone company would not honor a subpoena from PA and I had to obtain a court order from the judge. The records were produced by the cell phone company.

Will I have a criminal record?

Q; Will these records stay as criminal record and affect my school as well? I received a charge of Title 75 Section 3745 (A) (lead) Accidents Involving Damage to Unattended Vehicles or Property. It said I need to sign either not guilty or sign guilty with fine 397 dollars if I sign guilty. My question is that would I get suspended from PennDOT? Also, if I plead guilty would that be stay in my record forever and it would affect me with school in fall 2014? This is my first time getting this and I am freaking out as well. Also, I just started driving in this summer as well and yet I am 26 years old. Someone please help me with problem. I know I made a mistake but I am in panic since that day. I am worried that if it would be consider as serious crime.

A: A violation of the above section is a summary Motor Vehicle Code violation and does not carry a driver’s license suspension from PennDOT. This is because it involves unattended vehicles. If it involved an attended or occupied vehicle, under Section 3743, it would be classified as a misdemeanor and carry a license suspension. These statues are commonly known and referred to as leaving the scene of an accident. Your offense also carries 4 points. I would hire a lawyer and try to bargain it down. See if you can get it down to a something that sounds better, like careless driving ( 3 points) or obedience to traffic controls (no points).

How much is the fine for a Retail Theft for a minor?

Q:Roughly how much would a retail theft fine for a minor be? Also, will it be on your permanent record?I got caught stealing 20 $ headphones from Wal-Mart and the state trooper said I would be charged with retail theft. I am 16 and this is a first offense.

A: Make sure your parents get you a lawyer. As a first timer, you may be able to enter a program to avoid a conviction and juvenile criminal record. Your case may be taken into Juvenile Court at the Common Pleas Level, or may be filed at the District Justice level, which is more likely. A first time Retail Theft charge is a summary offense if the merchandise is valued under $150.00. So if you were found guilty of this, or pleaded guilty to it, you would pay $150.00 plus court costs which could be another estimated $115.00 for a total of $265.00.

 

 

Juvenile charges for drugs. What will happen to me?

Q: Juvenile possession charges, what will happen next? I was recently caught with a small amount of marijuana (about 4 grams), some rolling papers, and my mom’s prescription pill bottle which I carried the marijuana in. It is my first offense and i am under the age of 18, i was wondering what possible consequences i am facing.

A: Several possibilities. The Probation Officer may handle it informally, with no petition being filed in juvenile court. This usually involves some informal monitoring, drug counseling and possibly community service. The next step would be for him or her to file a petition for delinquency in juvenile court. If you manage to stay out of more trouble, you may be offered a consent decree, which will have similar requirements as the informal adjustment and result in no conviction if you complete the program successfully. If a consent decree is not offered, you may receive normal probation and then you could expunge your record down the road. Review the case with an attorney to see if you have a defense, especially if the first two options are not offered.

Any way to get restitution lowered?

Q: My case is about 15 years old and I got charged with a misdemeanor of carrying a gun on a public street and welfare fraud I am trying to get this pardoned now and I can’t afford the restitution as my income is too low is there any way to get it lowered or dismissed?

A: You are way out of the time limitations on filing a motion to modify your sentence, or appeal the legality of the restitution order. You can still hire a lawyer to file a motion based on some sort of hardship-even though you are way beyond the time limits to do so. The DA has a duty to inform the victim. If the victim and the DA consent to your request, the judge would be more likely to grant your request. If they don’t, the judge will be less likely to do so, but still might. Be aware, you could easily be denied on the time limit issue. You will obviously have to establish a compelling reason for this to be considered. You need to go over all of the facts with an attorney to see if it is worth it.

 

Is this a second DUI?

Q: I was charged with my second DUI about a month ago. My first DUI was 9 years ago and I did ARD. Is it worth fighting the case? I was pulled over due to non working tail light. The police report did not state any other reason. (Jefferson Hills, PA)

A: Unless it is 10 years you probably cannot be admitted into the Accelerated Rehabilitative Disposition (ARD) program. You need to have the court records reviewed to determine if ARD is an option. A non working tail light can constitute a reasonable suspicion for police to stop your car and initiate contact. No attorney can advise you as to whether or not you should fight this unless he or she reviews the complaint and Affidavit of Probable Cause and reviews all the facts with you. It may be worth the consultation fee. If you have no defense and are not ARD eligible, you may be able to obtain a Phoenix Program deal to minimize your time and costs in court.

Will I have to register when under Megans law as a juvenile offender?

Q: I’m about to move to Pennsylvania to go to college and I’m a sexual offender that was adjudicated and not convicted. I was 17 dating a 13 year old and the courts charged me with rape because of age difference. I went to juvenile prison for 9 months what I’m wondering is Megan’s law states juvenile offenders registering is unconstitutional and I contacted them and they said they almost positive I won’t have to register anymore. (Leesburg, VA)

A: On December 29, 2014, In re: J.B., No.87 MAP 2014, the Pennsylvania Supreme Court struck down SORNA’s Juvenile Offender registration requirements as unconstitutional. Juveniles are no longer required to register in Pennsylvania, except if they are classified by the Court as a Sexually Violent Delinquent Child. This decision also includes Juveniles who are to register in another jurisdiction or foreign country.

Can I let unlicensed driver drive my car?

Q: Car and insurance in my name being driven to work by someone without a valid license. What happens to me if he gets pulled over .He is in process of getting his license back, the deed and insurance are in my name. Will only he get in trouble if caught, or will I also get in trouble?

A: In PA if you have knowledge that a person has no driver’s license-whether suspended or they just don’t have one, and you allow them to operate your motor vehicle, you can be charged with a summary motor vehicle offense. I have seen it happen. In addition, read your insurance policy to make sure your carrier will not deny coverage if such person is involved in an accident

Going to court for a second DUI but received a 3rd DUI.

Q: I am to go before a judge on my second DUI. However, I was arrested on new DUI, now my third, a few weeks ago. It’s not showing on the public docket. Will the judge know? I never called his public defender, will she know before the Sept. 3rd court date. It is stated no more continuances on the second. And now I have a third. Will I go straight to jail that day? And, the judge ordered me to take a CRN Evaluation and I haven’t done that yet.

A: If I understand you, you are asking whether a new DUI, for which you have been arrested, but not convicted of, yet, will be known by the judge you are to appear before, on a 2nd DUI? If that is what you are asking, this is what I can offer. This 3rd DUI for which you have not been convicted, will not factor into the sentencing guidelines, so, you can only be sentenced subject to the penalties of a 2nd DUI. Will the judge know about this 3rd pending DUI? Will it affect how the judge will sentence you? I do believe at sentencing the DA can bring it up if he or she wishes. The judge can give whatever consideration he or she wishes to and factor it into the sentence, however, the judge still must sentence within the guidelines of a 2nd DUI. Perhaps the judge will view you as someone who is out of control and sentence toward the maximum of the sentencing guidelines. I can only guess. The other way the judge may know about your new case is by looking it up on the UJS website on his computer as you stand before him. One would not like to think that judges do this, but they do it. I think you should talk to your Public Defender. My concern is that the judge may turn sour when he or she learns you didn’t do your court ordered CRN evaluation, and now you “catch” (as some of my client’s say) a new DUI. It probably will not happen, but the judge may revoke your bond and put you in jail. Again, call your lawyer and be prepared.

 

Can police search my place like this?

Q: Police found three roaches, a clip and a pack of papers. Did they have a legal search? They were looking for someone and I thought I had to let them in. So, I let them come in, There was like five of them pounding on my door. They found the roaches in my ashtray, next to my bed. They charged me with possession of small amount and drug paraphernalia. I have a district justice hearing in two weeks and I am freaking out That was in July of 2014 and I just now got the charges.

A: Yes, they can take that long to charge you. If you let them in and the contraband was observed in plain view, you have a problem. However, I would review the entire case with a local criminal attorney who is adept in search and seizure law for a thorough opinion. Also, if you are a first offender, you can get out of this with no record. An attorney can advise you on this.