Category Archives: Criminal Law

EX HAD MY CAR TOWED, WHAT CAN I DO?

Q: My car was towed from my place of employment by someone for no reason. Police will not help me. I believe it is my ex-boyfriend but have no proof. My car was parked in a secured employee parking lot and the people at the place where I work. He let them tow my car without paperwork. He works there too. They laughed at me and told me I was stupid. I went to police and they told me that the car is not stolen as he was cosigner on the car. I need help here, everything I own was in that car including my military paperwork from the national guard. I am a single mom and all of my 2 year old son’s belongings were in the car too including his car seat. We had just moved everything from my mother’s house and I had not unpacked the car yet. I thought it would be safe as the parking lot has a security guard and is for employees only.

A: As boy friend and girl friend with mutual ownership of a car, you have no protection of the Divorce Code as you are not married. You can talk the police to see if they will file criminal charges like harassment. If not, you can go to the local District Justice on a day when the Assistant DA is there and see if they will accept a private criminal complaint. You can also ask the police if they will file a Protection from Abuse Petition for you. If not, you can go to the Family Division and see if you can file one on your own. You have a problem in that you have not proof it was him. Some proof would help. Keep records and a log of these events to build your case in the future if charges or a PFA cannot be filed this time.

WHAT DOES “DISPOSED ….DISMISSED” MEAN?

Q: What dose Disposed on 10/17/2012 as Dismissed – Diverted. I have a copy of a background check form Kentucky and I am not sure what that means? Does it effect my criminal record here in PA. (McKeesport, PA)

A: I am not exactly sure either as I practice law in PA. If I had to guess, it means the case was dismissed and the matter was diverted to a diversionary program for first time offenders which offers a lower penalty or no penalty at all. You need to contact the Kentucky attorney who represented you to confirm or call another attorney who practices in KY. You will need to do the expungement, if you are eligible in KY anyway.

Do I have a chance in fighting this DUI? I was parked and sober!

Q: I am getting charged with a DUI for a Schedule 1 controlled substance (marijuana). I was parked because I was lost and needed to use my GPS. A cop knocked on my window. My passenger had weed on her body, and he picked up the smell. I did not want to rat my friend out, so when the cop asked when I had last smoked marijuana, I answered truthfully and told him it was several hours before I started operating. He made me get out of the car, asked my name. I told him and offered him my license which was in my car. He refused to let me back in my car to retrieve it. He then conducted a field sobriety test, and failed me for my left eye not crossing in when he moved the pen towards my nose (after taking my glasses off). I was then arrested and taken for blood where I had residual THC. (Belle Vernon, PA)

A:  THC forensically found in your blood within 2 hours of driving a car is enough to meet the requirements of the DUI statute. While it seems unfair that you may have ingested marijuana two, three or four weeks prior to the blood test, and the metabolites have remained in your system, it is currently the law. In Allegheny, the laboratory sometimes tests for nanograms and if the nanograms detected are so ridiculously low, your attorney may, may, be able to convince the DA not to prosecute. You could always have your attorney file a motion to have the blood independently tested by another lab if that lab can distinguish nanograms and your results are so small that a jury may not convict you. Secondly, your statement will hurt you. If it was blurted out by you, and not a result of custodial interrogation without Miranda warnings, then you are stuck with it and it can and will be used against you as no one would normally make such an incriminating statement if not true. Lastly, lack of probable cause to stop a vehicle, or ask a citizen to step out of the vehicle, or seize the person’s blood, is always a challenge to prove, but a wonderful defense if you the right facts. I would have an attorney not only look at the blood tests but especially the facts to determine if there is a lack of probable cause to stop your vehicle and get you out of the car. Just sitting on the side of the road generally may not be sufficient probable cause to stop you. However, stopped on the berm of a busy road at 3 am, may be sufficient for the police to inquire as to your situation. There was a great case I used in the past on this probable cause issue, Commonwealth v. Dewitt (1992) , but I would need to research to see if it is still valid law. The other thing I would mention is that if this is your first offense, you may be eligible for ARD, which if you complete the program there will only be a 60 day license suspension, but more importantly, no jail time and no conviction on your record.

UNDERAGE DRINKING CHARGE. BEER IN MY TRUNK. SHOULD I PLEA?

Q: Is an underage correct? So I was at a frisbee tournament in Johnstown, PA and we had to get a hotel to stay overnight. The team was separated so that 21 year olds stayed with each other and everyone under stayed together. While watching the Penguins game, one of the 21 year olds came over to our room and asked me to take them to get beer because they had drank and didn’t want to drive. So I did, they put their beer in the trunk, then an undercover cop followed us back to the hotel from the beer store. The cop stopped me and charged me with an underage and confiscated my teammates’ beer. I hadn’t had anything to drink so I didn’t think that was the correct charge. I honestly didn’t know that I couldn’t transport alcohol, but he told me that was illegal. He also said I should have let my friends drive drunk, Soooooo.

A: The statute you are charged with, 6308, applies to consumption, possession and transportation. You are probably guilty of transportation. There is a driver’s license suspension if you are found guilty. You should review the case with an attorney, to determine if you have a defense, such as an illegal stop of the vehicle. If there a probable cause defense available to you, the attorney can advise whether you should pursue or not. If the defense exists, the attorney can use it to push the police for a better deal. If no defense is available to you, or if you don’t want to pursue it, the attorney can advise if a diversionary program can be made available by the district justice so you do not end up with a conviction. A diversionary program used in Allegheny County refers the minor to a course, which if successfully completed results in a dismissal.

SHOULD I FIGHT TOXIC DUMPING CHARGES?

Q: Can I defend myself against an illegal yard waste charge when there is an accuser whom did not actually see the incident and win? A gentleman driving towards me saw me folding a tarp with a friend, followed me later &contacted city that I was dumping. We were on the road to show friend where to ride 4 wheelers on old train tracks below & saw my tarp in the truck was loose. I received a letter stating I was fined $1000 for dumping with two pictures of yard waste. I went back to the road and couldn’t find the alleged dumping area but found 10 other areas of yard & construction waste dumped. We were told we could defend ourselves at district ct but would not be provided written accusations by city and could face higher fine of $5000 if lost and pay all court costs win or lose. The city states the man has no reason to lie and we have monetary reason to. All he saw was us folding a tarp. Do we have a chance of beating this?

A: Based solely on the way you describe it here, yes, it sounds like you may have a defense. You are being prosecuted on circumstantial evidence. Circumstantial evidence is not direct evidence like actual videotape or a witness actually seeing you committing a crime. In your case, you are seen with a truck and tarp, near where toxic waste has been discarded. You can be convicted on circumstantial evidence but frankly will have a better chance with a lawyer. If you a defense or you are truly not guilty, you should have your entire situation with an attorney-the police reports, your story, any corroborating evidence. Then, based on the advice of the attorney, you can make a legal determine if you want to fight the case.

IS IT LEGAL IN PA TO SEARCH A ROOM WITHOUT A SEARCH WARRANT?

Q: Is it legal in PA to search a room without a search warrant? I was at home and a relative called the cops, let them in, and they searched my room. Once with my girlfriend present then again when we were both out of the room. I was told they can only search my room if they had a warrant, or if it was in plain sight, which it was not. I also did not give consent. (Oakland, PA)

A: The legal presumption in PA is that all searches of homes and cars must be done with a search warrant. Even if the home was someone else’s and you are renting or staying there, you still may have a right of privacy in that living space and thus have legal standing to challenge the search. Whether you would win on a suppression motion depends on many factors and is very fact specific. What do the police say in their report? Can the police rely on any exemption to the warrant requirement? Did you consent to the search? Did the police have an exigent circumstances to assert the would legally circumvent the warrant requirement. There are many more questions. You need to review all of the evidence with a criminal defense attorney who is versed in constitutional challenges of illegal search and seizures.

Can a minor be charged with perjury?

Q: Can a minor be charged with perjury in Pennsylvania? Judge reports at least 2 statements made by her, which are false and can be easily disproven. Such statements were given considerable weight in a trial. She’s almost 17, can she be prosecuted? (Baldwin, PA)

A: Not sure if you are saying the judge found her statements to be false, or, she made two statements to the judge, which you know and think you can prove to be false. If you can prove that they are false, it may be possible for her to be charged for false statements in Juvenile Court with the filing of a Delinquency Petition by the police or Juvenile Probation. You can review it with Police or DA to see if they are interested. Normally, they do not go after minors with these types of cases, but I cannot say for sure if that will be the result for you.

 

DO I NEED A LAWYER?-FRIEND ADMITS POT WAS HIS

Q: Do I need a lawyer if I was caught after smoking marijuana and the marijuana that was subsequently found clearly wasn’t mine? Due to a faulty latch on our front door, a cop gained entrance to the office I work at where my coworker and I had just smoked marijuana. We were cooperative, which the cop appreciated, and, when he went through our stuff, he found a relatively small amount of marijuana in my co-workers bag. Weighs less than 30 grams. My coworker admitted it was his. He decided not to do anything that night but asked us to come talk to him at the police station next week. Can I get in trouble for being high and being with someone in possession of marijuana? Do I need a lawyer? (Pittsburgh, PA)

A: Being around marijuana in and of itself is not a crime. Possession of marijuana is a crime. If your friend admitted to possession, you really should not be charged with anything. I think it would be a stretch, but the cop may charge you with some sort of conspiracy to possess or conspiracy to commit a prohibited act. I doubt it, but it is possible. He probably wants you guys to work with him and lead him to the seller in exchange for the charges being withdrawn. If you go and talk to him, you may say something that hurts you, even though there is practically no real case against you. I would nonetheless hire a lawyer who can speak on your behalf. In addition, if your friend gets charged, he should have a lawyer look closely at the probable cause to search here.

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.

 

CAN I EXPUNGE A SIMPLE ASSAULT ON MY RECORD?

Q: Having trouble getting and job with a simple assault on my record, how do I get it off? I have a simple assault background and really need a job, this happened in the year 2009! Baldwin Borough, PA.

A: You should have an attorney get your criminal history from the PA state police to confirm you were convicted. If you were not convicted, for example if you were found not guilty or the charges were dropped, you can file to expunge, or destroy, all the related records that can still show up on a criminal history search. If you were convicted, you cannot expunge a misdemeanor.