Category Archives: Criminal Law

Can I erase my criminal record?

Q: Is there any way to erase my criminal record or keep it as lowest profile. It could be for a better future? I had made some bad judgments and wanted a better life for my family. Is there anyone that can help? There are 2 convictions that are ruining my life right now and I’m trying my best to move on with my life but it feels like everywhere I go is blocking my path. If there is anyone who can help please feel free to contact me. Thank you.

A: You can only “erase” prior criminal arrest records for felonies and misdemeanors which you were not found guilty of or pleaded guilty to. You can expunge summary convictions after five years of arrest free behavior has passed. You should obtain your criminal history to determine what it consists of. There may be crimes which you were arrested for but not found guilty of or pleaded guilty to. The arrest record related to those charges may be expunged. Plus, you may have summary convictions and if five years has elapsed, you can expunge them. A good starting point is your criminal history from the PA State Police. If you have trouble obtaining it or understanding it, contact an attorney.

How should my sons’ appointed lawyer be dealing with the prosecutor?

Q: How influential is your lawyer supposed to be in negotiating with the Prosecutor. 19 yr old son getting charged with a four felony 1 burglaries, which were dropped to two felony 2 burglary charges. How do we know if our appointed lawyer is really doing the best? Are they the ones that are supposed to be negotiating with the prosecutor or do they have no say in it as our son tells us?

A: Any lawyer, PD, or court appointed attorney, has equal standing in court. Each has the role of being able to negotiate freely with the DA for plea agreements. You need to talk to the lawyer. Open communication has to occur. I can’t advise you because I don’t know all the facts. Maybe the attorney is telling you that the deal he is getting is the best he can do. If you are not content with the deal he has struck with the DA, you have some limited, one of which is to fire him and hire a private counsel. I suggest that you talk to your son’s lawyer.

Should I talk to the police. They said if I do they will close the case

Q: I was accused of a crime. The police said they need my written statement to close the case but don’t want to arrest me. Your advice please? They want statements from my wife and friend and said if we don’t give our statements he will just arrest me and charge me. He said the victim’s statement is enough to charge and convict me but he just wants to close the case so it never happens again. He also lied and said he already had a statement from my friend when he didn’t

A: If you get the cops to agree to this, that agreement is not enforceable. In criminal law, only agreements between the DA and the defendant’s lawyer are enforceable. Therefore there is no duty he has to close the case. Most people convict themselves by speaking with the police and making an incriminating admission. You have not duty to speak with the police and they know that. You have the 5th Amendment constitutional right to remain silent and they know that. Let them charge you if that is what they want. I would hire a lawyer now if you can and he or she can talk to the police for you.

3rd DUI, what is my sentence?

Q: My question is a generalization of what sentencing I may possibly be looking at. I appreciate your time and advice, in advance. When I was 18 in 2006 I received my first DUI in PA. I did what was asked & got off probation 2 months early. October 2014 I drove 45 minutes to spend the night with my nephew because I told him I would & wanted to keep my word. I received a 2nd DUI. It was recorded as the highest blood alcohol rate as I refused the breathalyzer. I moved to the county where this occurred so I could easily get to the RIP program they recommended & D&A treatment. The day before sentencing, my friend was helping me move. We had dinner about 4pm and each had 2 drinks. On our way back from my apt I got pulled over around 11 pm. My friend threw out a cig butt & the officer said I crossed lanes. I failed the FST & refused a breath test. I tried calling my lawyer for a continuance all night and no answer and in the am he just screamed & hung up. I have warrant(s), no lawyer or $. (Monaca, PA)

A:  Am I hearing a 3rd DUI here within ten years? If my understanding is correct, you may be looking at 1-5 years in the state correctional system and a $2,500.00 minimum fine, in addition to all the normal DUI requirements, such as classes, CRN evaluation, probation, ignition interlock, driver’s license suspension, etc. My recommendation would be to get yourself into counseling or rehabilitation for your own good and consult with a lawyer about your chances with DUI court in Allegheny County. If you enter DUI court, you will need to be serious about your drinking problem. If you are not serious, you will end up in a state correctional facility which is another way of sobering up. As far as having a lawyer, you should call the Beaver County Public Defender to see if you qualify)

How do I fill out Expungement form 790?

Q: I have an Expungement in Westmoreland County after completing ARD. I received the Petition for Expungement form 790 from the Westmoreland County Clerk of Courts, as they have been helpful in guiding me in filling it out. The one area of the forms says list the reasons for the expungement. What are they looking for? My personal reasons as to how it will improve my job search? My chances with the ladies? Ease of obtaining a job where background checks are performed? Should I just list them or shall I put it in letter form? (Plum Borough, PA)

A:  I feel bad that you are doing an expungement on your own. It is not cardiac surgery, but, at least in Allegheny County, the forms are burdensome. Anyway, I usually just put down something like because the petitioner was adjudicated not guilty, or the charges were withdrawn or dismissed. You are entitled to an expungement when your charges are dismissed or withdrawn or you are found not guilty and have no criminal history. You really don’t need to explain yourself.

Can they arrest my brother on my sister’s word only?

Q: My brother had a warrant for questioning but when he got there they arrested him without any charges and no priors. Basically, my brother got taken in for questioning because my sister said when she was 4 (he was 9) that she was assaulted (she told her psychiatrist. My sister in is 16 now and he is 22. She has a diagnosis of schizophrenia. However, she said she wasn’t really sure it was him. The shrink told CYF and then CYF told the DA. The sex crimes detective wasn’t hearing that she wasn’t sure who it was and put out a warrant for our brother arrest. He has no priors, clean record and he is a college kid. When he turned himself in they lied and arrested him when he got there. My sister also thinks that it was our uncle that assaulted her (he assaulted me as well when I was 4 but now I’m 32). So, why did they arrest our brother without evidence? Why did the shrink say it was him when, until now, we weren’t sure? Is this legal? (White Oak, PA)

A: Unfortunately, your brother’s arrest is probably legal which doesn’t mean he is guilty or will be convicted ultimately. The police can use trickery and deception to entice people to come into the police station and arrest them. Plus, a person can be arrested solely on the word of another person, if the police believe, or at least say they believe the person. You really shouldn’t be talking about this on the internet, and your brother most definitely needs a lawyer, now. He and his lawyer need to keep track of your sister’s inconsistent statements in the early stages here before the police can clean them up or discard the one that does not match whichever suspect they choose to target. In fact, your sister may want to at least talk to a lawyer given her inconsistent statements. Lastly, your uncle should seek counsel, needless to say. This sort of thing happens more frequently than you think. I think given the passage of time, your brother’s age at the time and your sister’s inconsistent memory, this matter is defensible. In my opinion it really should be resolved outside of court.

 

Will retail theft charges be consecutive or concurrent for sentencing?

Q: What happens when 2 counties (PA) simultaneously charge Felony 3 retail theft and receiving stolen property lumped together? Husband recently arrested in Beaver County and charged w/2 counts each of retail theft and receiving stolen prop, all Felony 3’s. Allegheny County is also about to charge him with 1 count each of the same charge. He was on state parole at the time and his violation is the new charges. They are felony 3 due to his extensive criminal record; mainly from 10 plus years ago. The parole was from bad checks from 5 years ago. I know an F3 can result in 7 yrs. Unsure if 4 counts F3 mean 28 yrs? Consecutive or concurrent? Confused by the law…

A:  Two counties can charge him as long as each set of charges are for different offenses, arising out of different circumstances. For example, county A can charge for Retail Theft of shoes from Macy’s within County A jurisdiction but County B cannot charge Retail Theft for the same shoes from the same Macys in County A. County B can charge, for example, Fleeing and Eluding if there is a police chase in County B after the Retail Theft which happens in County A. In regard to the new charges, yes, although I wouldn’t expect it with your husband, the court can sentence consecutive (stacking) and not concurrent (merged). However, these types of crime probably “merge” for sentencing purposes. I think his potential parole violation is your biggest concern. The judge can sentence him to the balance of his prior probation sentence. If he is under the jurisdiction of the PA Board of Probation and Parole, his sentence will be whatever the PBPP normally doles out for parole violators in his situation under their rigid guidelines. If he is under state parole, he should ask his parole officer what the violation “hit” will be. If he cannot afford counsel for the PBPP hearing, he can request a Public Defender.

 

Can I get arrested for not responding to a subpoena?

Q: Can I be arrested for not responding to a subpoena that I have not received? I have recently received a phone call about an assault case that I witnessed. I have not received the subpoena yet. The case is over 200 miles away and I can’t afford the drive. So I’m stuck in a bind. Can I be arrest for not calling the prosecuting attorney back?

A: No, you can’t be arrested for not calling the DA back. You can only be arrested by not coming to court when you have received a subpoena. Wait could till you get a subpoena then contact the DA. You might want to call the DA back now and tell her or him your situation. Perhaps if you are a valuable witness they can compensate you for travel. Perhaps the case may be postponed, you never know unless you call.

Can PennDOT do this?

Q: Did not send in my PA license after a DUI in Maryland. Had no idea it I was required to until I received a letter from PennDOT. Stated today PennDOT has sent numerous letters to my home requesting my license to be sent in. I was living in Baltimore at the time and they had sent the letters to my mother’s house in Pennsylvania that was sold four years prior. In addition to sending the letters to someone else is home my mother had passed away in the meantime. Now PA Is requiring 4 more months of suspension which would make it one year from the incident. In addition to that they are requiring I have installed in ignition device for an additional year. At that time of the incident I was traveling to and from Baltimore Maryland to Pittsburgh Pennsylvania as part of my job responsibilities as a project manager for a construction company with various projects in both states. This coming week I served my one year suspension.

A:  Fighting PennDOT is tough. All the rules are against you. PennDOT will argue that you had a legal duty to change your address with the Post Office and to notify PennDOT of the address change. Obtain your driver’s license and restoration letter from PennDOT-you can call them or go on-line. Review the facts and the documents with an attorney to see if it is worth filing a motion Nunc Pro Tunc (for late appeal) to address any of the issues. If you do have to send your driver’s license in to PennDOT, follow the procedures on their website (with DL Form and restoration fee enclosed) by certified mail, return receipt.

Can cops search my dorm room?

Q: Is there a case in this situation with underage drinking and possession? My friends received an underage and possession. A friend of mine had five of her friends having out in her dorm room (all girls). They were just watching television and drinking a little bit. A guy from the same hall walked in lit his bowl of weed and said he will go back to his room and get a fan. When he left the cops went to the girl’s dorm and knocked. A girl (non-resident) opened the door and the cop forced the door open all the way. He then asked if he is allowed to search the place but the resident said he needs to get a warrant. The cop then waited in the doorway for 4 hours, would not let any of the girls leave the dorm, and finally got the warrant. The girls told the police officer to leave but he said he won’t. The warrant was for marijuana and a alcohol.

A: I would suggest that everyone get a lawyer. No doubt the cops are angry at making them get a warrant but they should know about the warrant requirement. Possession of a controlled substance is a misdemeanor and the Possession, Consumption and Transportation of Alcohol is a summary offense. Both can result in a criminal record and each carries a driver’s license suspension. Each lawyer can advise each defendant on the law of possession. Each lawyer can examine the warrant and determine if it is legal. There may be a defense. If there is no defense, all is not lost. There are options for first time offenders, and the lawyer can advise you which ones are feasible under the circumstances.