Category Archives: Criminal Law

Can my son get jail with a Felony 1 Burglary charge?

Q: My son was in the vehicle and never got out of the vehicle when an acquaintance broke into a home to steal marijuana the homeowner was home and shot the kid in the leg my son hopped in the driver’s seat of the perpetrators car and drove him out of there was immediately arrested and has been incarcerated since December they are taking it to trial my son has no representation and is facing some Hefty charges. (West Mifflin, PA)

A: Even without a prior record, these charges could result in a jail sentence. I’ve had similar cases and the facts are different in every case, so you cannot necessarily say he will get jail or he will not get jail. Working against you is that it is likely believed that your son was involved and not merely present at the scene by some misfortune. In one of my cases, the kids broke into a local pot grower’s home, hit him with a bat, broke his arm, rolled him up in a carpet and were running out the door with marijuana plants when the police arrived. My client was hiding under the cellar steps when the police arrived. He wouldn’t come out, so they let a German Shepard loose on him. By the time of trial, the co-conspirator that was to testify against all the defendants OD’d and died and because the victim was as drug dealer and less sympathetic in the eyes of law enforcement, the DA and cops allowed my client to plead to receive probation. I think the police also went a little easy on my client because he was pretty chewed up by the dog. (lacerations, stitches, nerve damage, etc.) The point is that every case is different. Perhaps your son’s attorney can distance your son from the other guy and perhaps the police and DA do not like the alleged victim if he is a known drug user or dealer. Your son is no doubt young and has no criminal record, which will work in his favor. He needs an attorney whether private or public.

I need an attorney?

Q: Data breeches.

A:  Or a tailor. “Breeches” are trousers that extend only slightly past the knee. In West Virginia they are called “britches”. I assume you mean data breach however I am not sure if you are the accused or someone has stolen on-line data from you. If you are the suspect, I would suggest not talking to police or anyone about the case and consulting with a criminal defense attorney.

First offense, no criminal record, am I going to jail?

Q: I called the Attorney General’s office yesterday and was told it looks good on my behalf that I’m already making payments towards case. I don’t want to go to jail. I do not have a criminal record, and I honestly do not remember receiving LI-HEAP energy assistance. I honestly do not remember but I believe I was getting child support at that time! However, I do not honestly recall Wesley living here in 2015 or 2016. I believe at the time he was living with his then girlfriend in Maryland but am not sure. I do suffer from ADD and am taking medication for it. (Everett, PA)

A: I do not practice law in your county. In my county people generally do not go to jail for welfare fraud or similar crimes unless the case involves a lot of money and the behavior is indicative of true criminal intent. You need to be represented by an attorney. You may be eligible for a first-time offender’s program called ARD, especially if you can make payments within the limits of your probationary period.

When is a search illegal in PA?

Q: I was pulled over. The cop said my plate was a motorcycle plate. I called 911 while being pulled over. Thus, the whole conversation was being recorded by 911. The dispatcher came back on with the right information for vehicle and plate. Cop put in a letter “o” instead of a number “0”. I tried telling this cop this. He kept screaming and yelling at me. He gave me back my license. I asked, am I going to get an apology? He snatched my phone and pulled me from my car. Placed handcuffs on me. Searched my car. Searched me and found a dime bag of weed on me. Never read me my rights. Impounded my car. He roughed me up. I don’t smoke. He planted this weed in my change pocket of my jeans. I am thinking about getting an attorney for violation of my civil rights. Yes, I’m black. They were white cops and very racist. (Pittsburgh, PA)

A: A search is illegal when the judge says it is and throws the evidence out. Although we all know race can be a factor with police, this officer probably would have done the same thing if you were Casper the Friendly Ghost. Your comment no doubt aggravated the situation, especially if he was not in a good mood to begin with. You might as well have told him he had no probable cause or made a statement about him smelling like pork or donuts. The first issue was if there was PC to seize your body and arrest you. He will likely say he had the right to arrest you because you were disorderly. The second issue is whether he had probable cause to reach in your pockets and pull the weed out. It is likely he will say you were under arrest first, and then he felt your pocket for a pat down and it felt like a baggie of weed under the plain feel doctrine. I predict he will offer you a plea deal to a summary Disorderly Conduct at the Preliminary Hearing if you do not have an attitude at the preliminary hearing. If you want to defend this, it will be tough and a long journey for you. You will need a lawyer willing to go on the ride with you. You need to discuss this with an experienced criminal defense attorney.

What are consequences for using synthetic urine?

Q: My friend on parole and entered a re-entry program for work. She used synthetic urine for drug test. They sent it in to lab and now they say she failed drug test. She went in to program today they let her come home. Now they work with parole. Will they call parole and report that she failed urine? (Oil City, PA)

A: I have heard of synthetic marijuana and synthetic motor oil but have never heard of synthetic urine. It must be my age. I do not think his employer will divulge drug test results to the government without his signed release. It depends what he has signed, however. If he released this information, fake urine would be deemed a failed test.

Can my probation officer find out if I owe a debt collector?

 

Q: Recently I wrote a bad check and wanted to know if my probation officer could find that out if sent to a debt collector. (Pittsburgh, PA)

A: I doubt if your PO can discover a bad check and threatening letter from a debt collector. However, failure to make payment on a check after notification that it was written on a closed account or NSF balance, can result in criminal “bad check” charges being filed. I would do my best to enter a payment plan. Also, I would be more concerned if you are on probation for financial and/or similar crimes. It will look like you didn’t get it the first time. However, if you are on probation for something totally unrelated, and having financial difficulties, your PO may not come at you as hard. If you feel that you cannot settle this, you may want to get ahead of it and tell the PO.

What can I do?

Q: I have been charged with driving without a license. The problem is my younger brother and his girlfriend used my identification. I now have a warrant for my arrest and a fine to pay, My brother is currently in jail and his girlfriend lives in Washington, PA What can I do? (Bridgeville, PA)

A: Driving without a license or driving under a suspended license are summary offenses. I am surprised there is a warrant but will assume you are correct. I imagine there is a warrant for not showing at a hearing. If you missed a District Justice level hearing, you might call the District Justice Office and explain what happened. They may reschedule you. If not, they likely tell you to turn yourself in. Without knowing more, and assuming this is a summary offense, I don’t think you will go to jail when you turn yourself in to the DJ. However, you will decrease your chances of going to jail by working with an attorney.

What is one count of theft?

Q: I have one count of theft. What is the chargers?

A: Theft can be the basis for a civil or criminal prosecution. I am guessing here that you are inquiring about Theft the crime. Theft, as a crime, has several subsections, including Theft by Unlawful Taking, Theft by Deception, Theft of Leased Property, Retail Theft. etc. It can be graded anywhere from a summary offense for Retail Thefts, and then progress upward to Felony Thefts depending on the value of the alleged stolen property. On the bright side, being charged with one count of theft is better than being charged with 2 or 3 or 5 or 10 counts.
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Can I get my first Aggravated Assault dropped?

Q: I was very drunk on St Patrick’s Day and don’t remember what happened but was told I was passed out in a street. When police and medics showed up I was put in an ambulance and then I attacked the medics and a nurse and was charged with 2 counts of aggravated assault, recklessly endangering another person and a disorderly conduct. I don’t believe anyone was hurt but I don’t remember a thing. I have no priors. Do I have a chance of getting charges dropped? (Pittsburgh, PA)

A: Possible, yes. There is a difference between someone who intentionally punches an EMT or Police Officer and someone who is blotto drunk and while flailing their arms around comes in contact with EMT and Police. When I have had these cases, and everything went as well as possible, the results were anywhere from a dismissal in exchange for a D&A evaluation or community service, to ARD, to the defendant pleading guilty to summary offenses. If these cases don’t go well, for example, it is usually where the victims want to push a conviction. If so, you may be lucky to have the charges reduced to Simple Assault. The fact that you have no criminal history is important. Your charges are generally not accepted into ARD, but the DA has the discretion of amending them to let you into the program. This type of case requires a lot of hustle for an attorney and there is no guarantee.

Is there any legal way to get out of civil demand letter from Walmart?

Q: I got a Civil demand letter from attorney representing Walmart in a retail theft, shoplifting case. It states pay to $150 to us in addition to and/or in addition to criminal charges. In FAQ section of recovery pay it states civil demand is for security etc but also to serve as deterrent against shoplifting as well as punishment for the crime. How can they punish me criminally if the loss prevention guy said that I’ll be getting a summons in the mail for the incident?? To date I haven’t received this alleged summons in the mail. Paying the civil demand would be better than going through the court. (West Mifflin, Pa)

A: Normally, most attorneys advise clients to ignore the civil demand letter especially if it is from an out of state collections attorney. However, I have had more situations over the past two years where my negotiation for a withdrawal of the charges, included paying the civil demand. It depends. An attorney can guide you through this. As advised, they can still prosecute you even if you pay the civil demand. You can try negotiating a global release of criminal and civil liability, but I would do this through an attorney.