Category Archives: Criminal Law

Can police lie to get you to come into the station?

Q: The police left a number for me to call and said they wanted to congratulate me for something and give me a gift. When I got there, they handcuffed me to a chair, processed me and gave me charges. (Pittsburgh, PA)

A: Much to the chagrin of unsuspecting Defendants out there, the police can use a degree of trickery to arrest, as long as that trickery does not violate due process and fairness. For example, they cannot use trickery to the extent that it causes someone who is not predisposed or inclined to commit a crime, to commit one. Your situation, yes, it is legal, unfortunately. Take your papers to an attorney. Perhaps you will have a defense and enjoy the last laugh.

Can Pennsylvania extradite for probation violation on running while in house arrest?

Q: I was on house arrest and cut my monitoring bracelet off and now I’m moving to a different state. (Pittsburgh, PA)

A: I hope it was worth it. You will be charged with Escape and a warrant will be issued once you fail to appear at your Preliminary Hearing in Pa. You may also have a probation warrant issued from PA. At some point in the future, if you should encounter law enforcement in the new state, even for something fluky, the PA warrant will show. You will be held for extradition in the local county jail until PA comes for you after being notified by the holding state. Whether PA will or not, is hard to say. However, sitting in the jail waiting to find out will not be a good experience.

Can the police lie to me to make me an informant?

Q: The police came to my house and said I sold drugs to an informant. I did not do this. They want me to go buy from other people threatening me with felony jail time. (Pittsburgh, PA)

A: It is possible as police can use a certain amount of trickery or deception in their work. On the other hand, perhaps someone else lied to them about you. In either scenario, do not speak with the police and find yourself a lawyer. Once your lawyer contacts them and informs them that you are represented, they will quite harassing you and go through your attorney. Remember, most convictions are based on statements made by the accused. Don’t give them information they can use to convict you.

CRIMINAL LAW, DRUGS, INFORMANT, CONFIDENTIAL INFORMANT, CONTROLLED BUYS

Will I get a probation violation?

Q: I am on probation in Allegheny County of Pittsburgh Pennsylvania and I caught a new case out in Jefferson County of Pennsylvania. I was driving my buddy’s and I was trying to help a trip of his by finding his way to get some little trick girl apparently out to make some money. I was giving them gas money to get there and then we got pulled over and there were some things found in the trunk. It was like a gram of crack and a little weed pipe and a crack pipe and the needle and stuff like that. They both wrote statements on me and said that everything was mine, but it wasn’t! But they both wrote statements on me and now I am getting charged with a misdemeanor and if I get violated on my probation I could do a couple years in jail! And, I have an eight-year-old son in my life that needs me very much and I really can’t be going to do no jail time! And, I am on a felony probation for aggravated assault on an officer and by rights I am not guilty for that either, but I pled guilty to it! So, I need some advice on how to go about this because they are offering me one-year probation. (Pittsburgh, PA)

A: You need a lawyer to fight the case as hard as possible at the Preliminary Hearing or at trial if you are at that stage. It is not a good situation to be in, but perhaps your lawyer can find enough of a Probable Cause issue or constructive possession issue to get this lowered to a summary. It is a long shot, but not that long. If you plead to only a summary, it is still a technical violation and in addition to the facts (hanging out with pimps, prostitutes with drugs while on probation for Aggravated Assault) you may do a little time out. However, not as much time out as if you plead or are convicted of having drugs and paraphernalia on you. Call the lawyer.

Can I be charged with indecent exposure for being nude genitals covered?

Q: I’m a nudist who wants to be as nude as possible as often as possible. The laws for PA I’ve found online don’t seem to stress anything else outside of genitalia interaction, other than offensive sexual gestures. Could I possibly garden or go to a public place (that doesn’t require some specific dress code) while mostly nude except for a covering over just my genitals without being charged for a crime? Or is there a law against baring one’s buttocks in public? If there is, could I walk around in most public places or in public view wearing just a speedo or G-string bikini? Just how nude can an innocent nudist be in most public places and in private but public view, a nudist with no intention to alarm, offend, or sexually arouse people through nudity, while remaining free from a conviction? (Beaver Falls, PA)

A: Pennsylvania defines Indecent Exposure as conduct involving a person who “exposes his or her genitals in any public place or in any place where there are present other persons when he or she knows or should know that this conduct is likely to offend, affront or alarm.” Yes, your genitalia must be covered under a strict interpretation of the statute. However, I think you would be pushing the limits by appearing in public dressed in only a speedo or G-string bikini. I have no doubt that some citizen will have an issue with you and the police will be called. The police are likely not to agree with your interpretation of the statute and you will be cited or arrested. My suggestion would be to do this behind a privacy fence in your own yard or join a nudist colony if you are not already a member.

How long do you have to wait for your warrant to be drop?

Q: I have three warrants. I want to know how long do I have to wait for them to be drop and cleared off? (Pittsburgh, PA)

A: Warrants for arrest relating to criminal charges, do not just expire or go stale. They can stay in the system for decades. They can lay in wait for you like a hidden shard of glass on a sandy beach. You are unlikely to be hunted down in a warrant sweep for some minor unpaid fines, but if you have a warrant for a misdemeanor or felony, you could be caught in a sweep. You could also be detained if you come in contact with police for something simple, like a traffic ticket or appearing in court. I would deal with it proactively. An attorney can assist you.

How long will he be in there?

Q: My son’s father was on state parole and to follow extremely strict rules. On Monday, his PO called him saying, I need you to meet me at your dad’s house with my supervisor at 930 tomorrow. So, he goes, and is sent back to jail. I tried calling the prison and the PO, nobody will give me any info besides that he violated parole. Won’t say how he violated and there is a detainer. So how do I find out what he did, how long will he be there. He hasn’t even been to that jail for a week, so will it take time to see a judge. (Pittsburgh, PA)

A: Obviously the probation officer feels he has done something to violate his parole. It could be a technical violation such as a hot urine or failure to report to his PO. I could be a new arrest. It is a shame they won’t tell you. Call the probation office tomorrow.

How can I tell if I have a warrant for my arrest?

Q: Is there a number you can call to see if you have a warrant for your arrest? I am not trying to go to jail. If there is one, I just need some time to gather some money. (Hazelwood, PA)

A: You can try the UJS website, but there is no guarantee it will state “warrant”. The last time I called the Allegheny County Sheriff, they would not tell me if my client had a warrant and advised him to go to the local police, which my client wasn’t on board with. I found the warrant but had to make a few calls. As advised, you can be arrested on a warrant at the worst times. The best way to deal with it is to hire an attorney to inquire, turn yourself in, get a bond and a new court date.

 

Can I get arrested if I go to Family Court?

 

Q: I have three old cases from 2014. I have never been in trouble since but I have three warrants. One is a drug case and two theft cases. I never went back to court because I was homeless. I met the mother of my kids, started a family. Now she kicked me out and sued me for support. I never thought about my warrants or court again. Should I?

A: It is very likely. In Allegheny County, the Sheriff Deputies run warrant checks on litigants coming to court and can take people into custody. It is best to address this issue ahead of time, preferably with the assistance of a lawyer. A lawyer can look into what is necessary in getting a bond set on your criminal cases. It could be simple, or it could be more complicated.

What kind of trouble am I facing?

Q: I placed a recording device in my ex’s house. I never used it or recorded anything, but they found it and reported it to the police. I was charged with three counts of a felony of the 3rd degree. (Robinson Township, PA)

A: You need to hire a criminal defense attorney immediately. Only speak with him or her, do not make statements about this case to your ex, police, or anyone else. You may have a defense if no recording was actually done. Unless this recording device was placed in the bathroom, the case may be more like a trespassing issue and given the emotions involved with a domestic situation, the case may work itself out. Do not have any contact whatsoever with your ex. Perhaps some counseling before the hearing might benefit you and the situation, but follow the advice of your attorney.