Category Archives: Criminal Law

Can I get my warrant changed to a summons?

Q: I just caught two felony counts of possession with intent to deliver. I’m on probation for robbery but no probation violation was filed. Is a summons a possibility or am I guaranteed arrest? (McKees Rocks, PA)

A: You really need to discuss this with the lawyer who is intimately familiar with your case. However, I can offer this. Yes, it is possible to turn the new active warrant into a summons. You will need to have your attorney bring you to a Common Pleas Court Motions Judge on the warrant and have it vacated and bail set. However, there is a problem with this. By the time you get to court, the probation warrant may have been filed. Once in court before the Motions Judge, you could be detained on the probation warrant and escorted to the Allegheny Iron Hilton. All your time incarcerated from that point will then count toward the probation violation, not your new case. You will not be able to make bond on the new case until either your probation violation judge conducts your probation violation hearing (which is held after your new case is disposed of, or your detainer is lifted. A detainer can be lifted through the process of your attorney filing a written motion and convincing your probation judge to let you back on the street even though you were arrested for a new felony drug case while on his or her probation for robbery. As they say, you are in a pickle. Save money for your attorney.

I have a preliminary hearing and have not been arrested or arraigned

Q: It’s been since 12/28/2017 and I went to court on 2/02/2018 and they continued it till 02/14/2018. I’ve never really be arrested fingerprinted or had a bail set for this case never had my rights read or signed them for that matter. This is not my first or second run in with the law I just don’t know what’s going on. I work full time but I can’t pay a lawyer straight out but I can do payments if someone is willing to work with me. I just need help. (Pittsburgh, PA)

A: If you have a pending Preliminary Hearing, I assure you, you have been arrested. You were likely arrested via summons whereby the charges and a notice to appear were mailed by certified mail and regular mail to your known address. I refer to this as arrested by mail. The continuances of your case, as mentioned, is not unusual. The police do not have to read Miranda rights to you, like on TV, unless they interrogate. Not many criminal defense attorneys take payments as generally, criminal defendants are not reliable pay. However, there are some that do. Talk to as many lawyers as you can-you may find one needs business and will negotiate. Timing is everything.

Statutory Rape?

Q: I’m 16, my possibly soon-to-be boyfriend is 19. Almost anywhere we research or read up it says, 16 is the age of consent and it is legal if I would commit a sexual act (such as intercourse, oral sex, etc.) with him. He therefore won’t be charged with statutory rape. But, there are other websites and forums that say I can only have a sexual relationship with someone of the age 16 and 17 for it to be legal? Could someone help me out? I wouldn’t want to get him in trouble if we would do anything. (Pittsburgh, PA)

A: Under Pennsylvania law, people ages 16 and older can legally consent to sexual activity. The only crime he could be subject to for having consensual sex with you would be Corruption of Minors, given the fact you are a minor and he is an adult. This would require your parent or guardian going forth to file charges and you being a witness or providing statements to prove the case there was sex. My advice to both of you would be to wait until you are 18.

Can you be charged with selling drugs if the informant receives no drugs?

Q: If someone agrees to sell someone drugs during an attempted controlled buy to the cops and the person realizes what is going on and then refuses to sell the drugs, can the person still be charged? The informant never received drugs and still has the buy money? In other words, do the police need the drugs in hand as evidence to charge someone with selling drugs? (Pittsburgh, PA)

A: I would need more information to give a definitive answer. However, based on what you say, I think the “someone” may be charged with Possession with Intent to Deliver, a Felony. This would be based on that “someone” possessing drugs, and behavior consistent with an intention to distribute, even if no distribution occurs. I advise the someone to find a lawyer as there may be enough facts to work with to have the charge bargained down to Possession.

Will new law would affect my son’s conviction?

Q: My son was convicted of rape and additional other charges back in 2002. He was 19 the alleged victim was 18. Both have Asperger’s, but he is on the higher end as he is educated. I had put him in several programs for him to reach his full potential. The court claimed the alleged victim to be unable to consent however the judge found her competent to testify. Her testimony didn’t indicate any acts of force or violence and only attempted oral sex. They prompted her with stuffed animals, crayons and coloring books so during the jury being taken to and from the courtroom the jurors could witness this crap. My son served 8 years in state prison and must now register. I would so like to have the truth revealed and his record cleared. I have letters and documents from that period from her father as well as family members who know she can consent and consented to whatever happened. She has since been arrested for solicitation in a public area. (New Stanton, PA)

A: As noted, the appeal deadlines have long passed. A direct appeal was due within 30 days of sentencing and a Post-Conviction Relief Act petition was due within one year of his conviction. As far as any Megan’s Law rules that he may be subject to, you should call his parole or probation officer to see what is required of him. If he would fail to register or report as required, he could be incarcerated again so it is very important that you and he know what is expected of him. It may be a long shot but there is a rule regarding after discovered evidence that will, in certain circumstances, allow a new trial. If you feel that recently discovered evidence would prove that she had capacity to consent back in 2002, and this evidence was not available to you until now, you may want to review that information with a criminal appeals attorney.

Can I get my father’ sexual offender status changed?

Q: My father is 73 in poor health and I am trying to find a way to get him to be able to live in his home with my mother. He has been out of jail for over 2 years with no issues. Is there anything I can do to modify his conditions, so he would be able to move back? (McKeesport, PA)

A: There is too little information here. If for whatever reason one of the terms or conditions of his parole or probation is that he cannot live with your mother, you will need to ask the judge whose probation he is on or the PA Board of Parole and Probation. He may be out of the time limits to file a modification of sentence. However, much more information is needed so I suggest you contact him or his attorney.

My brother cut his house arrest bracelet off, how much time will he get?

Q: My brother was arrested for attempting to steal a motor vehicle. He got house arrest for 11.5 months. About four months in, he freaked and cut his bracelet off with a hacksaw and went drinking. He turned himself in two days later when his wife wouldn’t let him in the house. (Millvale, PA)

A: There is too little information here to give a thoughtful answer. I don’t know his prior record, whether he was charged for escape for cutting off his collar, whether the trial judge for the auto case revoked his bond, etc. My thought is that the trial judge revoked his bond and is going to let him sit a while and see if he is charged with escape for absconding house arrest. Turning himself in never hurts. If my assumptions are correct, I do not think the trial judge will reward him by granting a motion for him to return to house arrest again or alternative housing for the holidays. It may be Christmas in jail for your brother. He should ask his lawyer.

What is Lewd and Lascivious conduct?

Q: My partner and I were caught by a police officer being intimate inside my partners car at an outdoor park that was closed at night. The officer took my partners name and drivers number, and just my name. We are both 18. I am just wondering what will or could happen. The officer did state that he knows it’s a different day and age and we are being kids. However, it is concerning that he still took down information. (Pittsburgh, PA)

A:  I am not sure exactly what you mean by “intimate”. If your actions involved having sex in a public park, even if closed, you could be cited with Open Lewdness, which reads as follows:
§ 5901. Open lewdness.
“A person commits a misdemeanor of the third degree if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed”.
If what you were doing was not that offensive and the officer wants to cut you a break, he may not file charges. He may have taken names and information for a record in the event police locate you there in the future. If the officer will file, you are considered at adult at age 18, and therefore may receive a summons for court. If you do, take it to a lawyer. The lawyer will know what options are available to you.

My first case-retail theft, what could I face?

Q: I worked at Best Buy and stole some goods over the course of 2 months. They found $600 dollars-worth of goods and I told them there was more. They came to a dollar amount of $2500 in restitution that I must pay in installments over a course of one year. I was also charged with retail theft, it is my first offense. The police officer that took me in told me I would qualify for a ARD program. He also told me he put down $600 as the dollar value on the police statement. I guess he forgot about the 2500 in restitution, but Best Buy won’t forget that. I am very afraid, I had only positive intentions when I stole, it was to help pay for bills and mortgage for my mother, my father has been unemployed for years and money is extremely tight. I made a terrible mistake and I’m paying the price for it. (Pittsburgh, PA)

A: This happens to me in theft cases all the time. My client tells me it was a lower amount than what the victim is demanding. If the victim and prosecution are offering a way out of this without having a record, like ARD, you have no choice. Unless of course, you have a really good defense. My approach to these cases, is to have the charges dismissed for full restitution at the preliminary hearing. This gives my client the opportunity to use ARD in the future in case they screw up again, as it is offered only once. If the victim and prosecution will not offer dismissal for restitution deal, then you have no choice but to go with ARD. The benefit for you is that you can question the restitution amount once the ARD offer is prepared and offered to you. In Allegheny County, the ARD paralegal, will call the victim and confirm how they arrived at their damages. Maybe the victim will adjust the amount. If not, you will have to eat the $2500 to get the benefit of ARD (no conviction/no record).

What should I do?

Q: I met a girl on a dating service called tagged then one night out of the blue she contacted me so we texted for a few days and then one particular night she started getting all raunchy talking about sex we ended up sexting then I got a call from her suppose it parents saying that she was a minor and they were going to go to the police supposedly she was making a sex video for me on her mother’s laptop now the guy wants me to buy them a new laptop for $1,700 or he will go to the police she was sending me pictures of her privates and I sent her pictures of mine I know it was a bad mistake I’m not trying to have my life ruined over this and Lord knows it will never happen again now I’m worried and don’t know what to do. (Baldwin Borough, PA)

A: Sounds like they are scammers. If they were legitimate, you would be hearing from the police or the Attorney General and the father wouldn’t be implicating himself in bribery to cover up child exploitation.