Category Archives: Criminal Law

FELONY 3 THEFT-WHAT IS MY SENTENCE?

Q: There is a prial Conference for a Felony Three of Theft of Leased Property. If the defendant pleads guilty to a Felony Three Theft of Leased Property, and the plea is entered at the pre trial conference, what are the chances of the case being settled that day if the judge agrees with the plea. Will the defendant’s sentence be given that day? And what are the chances of probation with time served, which is three months.

A: Very few judges take pleas on pretrial conference days in Allegheny County. However, if your judge does, yes, you can plead and get sentenced that day or the day of trial. As far as the sentence, it depends upon several factors, among which are, the dollar amount of the theft, the facts of the case and the prior criminal record. You would have to ask the lawyer what your potential sentence will be. If this person has no criminal record, he may be eligible for the ARD program. This program for first time offenders offers no criminal record if the person completes the program.

FIRST TIME COLLEGE PUBLIC INTOXICATION CHARGE

Q. I am an education major in PA and I received a citation for drunk in public, should I fight it? Will this show on my record. I was walking down the street at my college campus and an undercover cop pulled up and asked if I was okay then I was given a breathalyzer test and eventually taken me to my dorm where a friend signed a release form. They hand cuffed me but never read me my rights. Next, I have to contact the magisterial district court. I was wondering if I should bring a lawyer to court?

A. You need an attorney to help you avoid a conviction, one way or the other. A conviction of this seemingly harmless summary offense will stay on your record for 5 years. At that point you can pay an attorney to expunge it. In addition, if you are a minor, there will be a driver’s license suspension. There may be first offenders options for students like you and an attorney will know how to access them.

MARIJUANA, XANAX, MDMA IN MY HOUSE-WHAT TO DO?

Q. Can I pursue probation without verdict? The house I was staying at was raided. I am a student who was living in the dorms last semester, had a lease signed for a house beginning June 1st. Between then I was living at my friend’s house, and also my girlfriend’s house. Found in the house that was raided was 7lbs of marijuana, Xanax, and five ounces MDMA. I was charged with everything possession of the three and intent to deliver marijuana and MDMA. The marijuana and Xansa was in a safe and was not mine. I had no contact with it at all. Three ounces of MDMA belonged to me. However, lab tests will confirm that it is not MDMA. I believe it will come up as a synthetic cathinone. A warrant is out for the owner of the marijuana and Xanax. I was told those charges will be dropped from me as soon as he confesses to owning them.

A. You need a lawyer. I would have an attorney evaluate the legality of the search and the law of possession as it applies to these specific facts. You may have viable legal defense issues that even if they may not guarantee a win down the road at trial, may push the DA to offer an acceptable deal. A deal that results in no conviction for you is the goal. As you may know, a drug conviction will stay on your criminal history forever and will result in a driver’s license suspension. It will require good old fashion legal work-fighting the case but simultaneously badgering the DA for a deal for kid with no criminal history. Probation Without Verdict could also be a possibility for you, but it will take a lot of legal work and not merely asking the DA or police for mercy.

How do I drop charges against my boyfriend?

Q. How to drop criminal mischief charges when officer refuses? My boyfriend and I got into a fight and he damaged some of my possessions and was charged with criminal mischief. Since he received the citation, we have decided he would pay me the money owed for the damages without dealing with going to court. I called the DA office and they told me only the officer charging could drop the charges. When I contacted him to ask him to drop the charges, he refused. I had no idea it was going to be this extreme all I wanted was money to pay for the damages. What can I do to get the charges dropped when we are already resolving the issue?

A. See a lawyer. You can refuse to testify, even if the DA and police officer attempt to persuade you to do so. The only person that can hurt you is the Judge who can hold you in contempt of court for not testifying and put you in jail. This is doubtful and most judges will not go to this extreme in domestic case, especially if you were not personally hurt. If you hear the judge warn you about contempt, then you may think twice and testify. The lawyer can guide you through this it is too tricky to do on your own. Be careful not to change your previous story to police or you may end up in jail for false reports. Also, these charges cannot be dropped until his hearing. Your refusal to prosecute has to be on the record.

A SUMMARY, DISORDERLY CONDUCT CHARGE-WHAT IS MY FATE?

Q. I am charged with Disorderly conduct- Engaged in a fight “Summary Offense”? I have court this week. I’m just wondering what to expect. Will I go to jail or will I pay a fine? I am a minor and I plead guilty.

A. You can get 90 days in jail for a summary, but most people don’t. Usually only vagrants, the homeless or frequent flyers get jail time on summaries. Your fine will be anywhere up to $300 plus costs. A lawyer may be able to improve your situation. There may be other options such as a withdrawal of the charges. If you are convicted of a summary offense, it stays on your criminal record for 5 years. At that time, you need to pay an attorney to expunge your record.

CAN A LOOK OUT PERSON BE CONVICTED IN A ROBBERY?

Q. How much time could one get in PA for accessory to an armed robbery on ones bike. My boyfriend and two friends robbed a Sunoco. He was the coast is clear guy on his bike and he wasn’t even on the property. This is his first felony.

A. Under conspiracy statute and case law, he can be charged and convicted of the same crimes as the actual robbers, under the co-conspirator and accomplice liability rules. Don’t know enough about the facts to comment as to how much jail time. For example, was a gun involved? Was force used in the robbery? Does he have prior convictions?-misdemeanors count too. He really needs an attorney or a sit down with his Public Defender. Most likely this is a Felony and he could receive a jail sentence.

CAN THE POLICE KEEP QUESTIONING ME AFTER MY CONVICTION?

Q. At what point are the police and/or DA harassing me when they keep taking me in for questioning? They still believe that I know more than what I’m telling about a gun that was stolen. I have been convicted of felony burglary in which 2 guns were taken. They have located one of the guns because the other guy involved sold it to someone. I last saw the guns in the possession of the other guy involved, but they refuse to believe that I don’t know anything more. Are they harassing me if they continually call me downtown to question me?

A. Yes, probably. They need more information and figure you know something. You have no obligation to talk to them, before or after your arrest. In fact, if you would say anything that would incriminate you on another offense, you may end up helping them to prosecute you. Just have the right to refuse to speak with them. If they persist, you should strongly consider hiring an attorney. The attorney can speak on your behalf. You don’t know if they are building a new case against you or are just looking for help to solve a crime. If you are in any way a target, an attorney could ask for immunity if necessary in exchange for your cooperation.

CAN COPS MAKE ME TAKE A POLYGRAPH-I WAS A WITNESS

Q. Asking me while intoxicated not at the initial incident. I was a witness to a case and the officers didn’t ask me a single thing and barely wanted my ID after the incident. I was the reason it started in the first place. But a week ago while I was under the influence they asked me what happened. I finally had the chance to tell them and they seemed to be twisting it around like it was the defendants fault. Then I get a call I’m being subpoenaed to court and was told again if I remembered what I had told them while under the influence. After telling them the same thing they are making me feel as though I lied about the incident. Another officer who dropped off the subpoena told me he can give me a lie detector test in court. I feel very uncomfortable and wonder if the cop car was recorded. Could they use it in court?

A. No, police cannot make you take a polygraph test. You do not have to submit to one.Polygraph tests are not admissible in court and the police probably won’t spend the resources. Electronically recording a witness without their knowledge is not legal, so they probably didn’t do that unless they had pre approval from the court to do so. The police often mention polygraph test to put pressure on people to confesss. You need to consult with an attorney and relay the entire story and follow the advice of counsel. Please be advised that if you change your story from the one given to police originally, you could possibly face criminal charges of False Reports to Law Enforcement.

FIRST TIME BREAKING INTO CARS, WHAT IS THE PENALTY?

Q. Can I get my criminal record sealed if I am a first time offender? My friends and I got drunk and decided we wanted to go for a walk around a neighborhood to see if any cars were unlocked and we took some stuff out of them. I confessed to a few of the items that were missing to a detective.

A. Don’t mess around with this on your own. Hire an attorney. I am not sure if you have pending charges or if you were found or pleaded guilty or if you were in juvenile court or adult court, based on your question. Assuming you have no criminal history, you can probably get accepted into some sort of first time offender’s program so you will not end up with a record, either in adult or juvenile court. If you were convicted in juvenile court, some offenses will be removed from your record when you turn age 18 as an adult and some offenses you have to petition the court to expunge after 5 years of reaching age 18. I cannot answer which applies as I do not know what you are charged with. If you were convicted of a summary offense as an adult (over age 18) you can petition to expunge the record after five years of arrest free behavior. If you were convicted of a misdemeanor or felony as an adult, you cannot expunge the records. You can seek a pardon down the road but that is another matter which requires a lengthy explanation. I would gather your facts and consult with a lawyer.

WHAT WILL I GET FOR MY FIRST OFFENSE-BLUNTS AND A BONG?

Q. I was sitting in my back yard with 3 of my friends. I was passed marijuana blunt, when 5 cops came into yard. I was arrested. I am 18 years old, home schooled by an approved program. Also, a bong was on the ground. I was charged with that. All my friends were searched nothing else was found. Charges are use/possession of drug paraphernalia, intent to possess a controlled substance by prescription not regulated. This happened back in the beginning of October and I just received papers now for court. My plans are to go to job core in August of 2015.

A. You should talk to a criminal defense attorney and review all of the facts and determine if you have a defense as far as a violation of search and seizure. Assuming you have no criminal history, and if an attorney assesses that you have no defense, he or she may be able to obtain a result for you in which you are not convicted nor receive a record.