Category Archives: Criminal Law

Public Drunkenness-what will happen?

Q: I have never gotten in trouble before, perfectly clean record. No speeding tickets, traffic tickets, or anything. However, the other day I ended up getting picked up for public intoxication. I walked into an apartment building which I initially thought was mine and alarms went off. Once I realized the alarms were going off I stepped outside and sat on the steps and waited. I did not want to make it appear that I was doing anything malicious, so I sat and waited for the police to come. I was completely cooperative and nice to the police. I understood that they were just doing that job and I was making that clear. Looking over my citation, there is no docket number or total due amount. I’m just wondering what exactly this means. Also, is there any possible way that the MDJ could possibly just void the citation? I’m just hoping to keep it off my record. I have done research and I understand that ARD programs could solve this, but I plan on asking about my options at the MDJ and don’t plan on fighting the case. (Brentwood, PA)

A: If you have a pristine record, I can understand your concern. If convicted, this non-traffic summary offense will stay on your record for five years before you can pay an attorney to expunge it. An experienced attorney can guide you on how to get this charge withdrawn. You may have to do something in exchange like community service or a drug and alcohol evaluation. Frankly, if you are so intoxicated that you walked into the wrong building, you may need this. In today’s gun-crazed-stand-your-ground- world, you could have been riddled with bullets from an AR-15. Also, even if this summary citation is withdrawn, you will have to expunge the record of its issuance. Until you do, the records will still exist for all inquiring minds to find. I would try to have it withdrawn instead of burning your ARD card now. It is nice to keep the ARD option for future use, especially if you do not stop drinking.

Can my cousin file forgery charges on me?

Q: My uncle recently died. My husband and I was buying his vehicle because he could no longer drive. Two weeks before he died he handed us the signed title and told my husband happy birthday. Uncle was sick, and I was the caregiver. I did not go down right away and change the title. Now my cousin says when he gets out of prison he is going to press forgery charges on me. Can he? (McKeesport, PA)

A: Anybody can say they will sue somebody else. If he wants to have the police file charges, or file a civil suit through a lawyer, he will need evidence to base a civil or criminal prosecution on. This type of evidence would be the appearance of an obvious to the eye forgery, forgery supported by a hand writing expert opinion, or statements from witnesses. If this is not a forgery, you should not worry. If it is, see a lawyer.

Can I get jail?

Q: Can I get jail for taking a customer’s wallet from his shopping cart? (Pittsburgh, PA)

A: If you turned it in to lost and found or the manager within a reasonable amount of time, most likely not. If you retained control over this wallet, you may be charged with theft. If you have no criminal record, you may be able to get and ARD resolution of your case, or perhaps another diversion. Unless you have a lengthy criminal record, jail is not likely.

Disorderly Conduct-Guilty! Can I Appeal?

Q: I had a summary trial court date. The judge was confusing. And somewhat of a jerk. After I explained to him it was accident, he was having none of it. He said you can either plead guilty or I’ll find you guilty. I said, “either way you are screwing me”. On the form I got from the clerk it says I pleaded guilty. I don’t know why I’d show up to court just to plead guilty. Did not even notice until I was home. Can I still appeal? Or should I? (Pittsburgh, PA)

A: You can file a summary appeal if you are found guilty or if you plead guilty. It doesn’t matter. You need to go to the Allegheny County Clerk of Courts, fill out the Summary Appeal form and pay the filing fee which is around $100. As you hopefully have learned, the case will go better if you have a lawyer. Your next hearing will be in front of a Court of Common Pleas judge and the you will be treated better, but you need to be prepared.

Can a university charge you four months later?

Q: I attend a college and one of four roommates made a complaint about the smell of marijuana in the living room. I am a user and so is another roommate. The campus cops barge in and only check our bathroom (there are 2) and they smelled it so charged us with possession and paraphernalia. But, they never conducted a search like they said they would so there isn’t really any solid evidence besides the smell and bag being on the fire alarm. We were told we would receive a letter in 72 hours if we were charged and we did not receive anything until now February, four months later. What can I do to go about this? (Moon Township, PA)

A:  It sounds like you are over 18 and have been charged with two misdemeanors. Yes, they can take four months to charge you. If you do not have your charges handled correctly, this event can ruin your life. I would invest in an attorney. He or she can determine if you have a probable cause or possession defense, and if not, if there is a diversionary program available to you which can prevent you from having a record.

Can I get a new trial, or have it dismissed?

Q: The police searched my house refusing to show me the warrant for over an hour and the arrested me for possession of CP and dissemination (which the Pere to peer did on its own). They also stole my son’s firearms which were in my house (he had nowhere to store them yet). My initial lawyer said I would get the evidence to review but he never showed it to me, even when I demanded it. I then got picked up on a dubious violation and was renditioned in jail. By that I mean that I was not given the hearing in 72 or so hours or they would have to release me. The lawyer did not even make sure the hearing happened. Basically, as soon as he knew I was picked up he dropped his involvement and held on to the retainer I had already paid him for doing nothing. The 2nd lawyer (really my 4th) did basically the same thing. (never saw the evidence) As a matter of fact, I think he never looked at the evidence because he said the first lawyer wasn’t sending it to him. He delayed my trial saying his office flooded but the truth was that he did not have the evidence. I was in jail with no way to assist in a defense that my lawyer never intended to provide. I ended up having to plead guilty to everything. No due process. (Versailles, PA)

A:  If you pleaded guilty but were not sentenced, you can file a motion to withdraw your guilty plea. It will likely be granted. You can then seek new counsel. If you have been sentenced, you have 10 days to file post sentencing motions and 30 days to appeal to the Superior Court. I don’t know what happened to you and why, but you should have been able to see discovery (evidence provided by the Commonwealth) and review it with your counsel. That is pretty basic. Although you may be able to withdraw your guilty plea, remember, you answered questions in the affirmative from the judge and in writing when you entered your plea. Among these questions, you answered yes to whether you were satisfied with your counsel, has your counsel gone over all the elements of the crime and the penalties you are facing, are you pleading guilty because you are guilty. Sound familiar?

Can a lawyer disclose criminal discovery to a third party without the defendant’s knowledge?

Q: This is a criminal homicide case. The lawyer is always on TV. He gave all kind of information on my brother’s mental health to a news reporter. Neither my brother, nor my family consented to this. (Pittsburgh, PA)

A: Generally, a lawyer cannot disclose confidential client information without the consent of the client. However, there are situations when it is appropriate or required. I am not sure about this situation. I am not understanding why it would be required and what advantage to your brother it would create, but I am not familiar with the case. If you feel this is potentially harmful, you may want to have your brother immediately tell the lawyer that he does not consent to the release. You may also want to contact the news organization as well to inform them that they have no authority to release this information.

Can a detective call your phone and come to your house under false pretense?

Q: Me and a co-worker (who threatened me with bodily harm) got into an argument. Then she said I did something to her car and stated there was a video. But the video doesn’t have my face on it and it wasn’t me. It happened a month ago and now a detective has called and just left a message that he wanted to talk to me. He never said come down and talk face-to-face but he wanted to talk to me over the phone. There is no warrant for my arrest. What should I do? (Pittsburgh, PA)

Q: Do not speak to this person. You have a 5th Amendment right to remain silent. Whoever this person is, a police officer, a private detective or whatever, he or she is likely not acting in your best interest. Your statements may be used against you. The best advice for you is to get an attorney with whom you can share all the facts in confidentiality, and then decide the best way for you to proceed, which may be remaining silent or speaking with this “detective” in the presence of your counsel.

What will happen if I do not respond to the police and where do I go from here?

Q: Last month I let someone borrow my car and they were caught shoplifting a single food item from a gas station. The person gave the item back to the manager, but she wanted their ID. The person said no and left in my vehicle and the manager ended up getting the license plate number. Three days ago, the police called my place of work and left a message wanting to know who I let use the car. That same day they showed up at my last place of residence but the people who live there now don’t know anything about me. I am not going to tell the police who borrowed my car so what should I expect to happen. (Penn Hills, PA)

A:  Even if the police suspect you are not the perpetrator, they could arrest you just to put pressure on you to give information. If I had to guess, I doubt it because the crime is very minor-likely to be a summary retail theft-and the item was returned. If you are arrested or cited, and you still want play hardball, just go through the process and it is likely (hopefully) that the store manager will not identify you. If you go that route, do it with an attorney.

Are most case still negotiated up until day of trial?

Q: The commonwealth has filed multiple charges against someone and have gone through all pre-trial phases of the process to the point that a jury trial is scheduled in criminal court. There were some negotiations that took place during the pre-trial process. The defense refused to plea. Now that the DA’s office will have to prepare for the case. Is it still typical that there are negotiations? Or once the case is prepared for is it more likely that it goes to trial? I know there is no concrete answer to this just curious of what the odds maybe? (South Park, PA)

A: Plea agreements have even been entered during a trial. Yes, a negotiated settlement is always a possibility no matter if the Commonwealth has prepared their case and have their witnesses under subpoena.