Tag Archives: Criminal Law

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.

 

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 corrupting the morals of a child and unlawful restraint be misdemeanors?

Q: My son picked up a minor. The story goes he coerced the child into doing something but I am not sure what at this point. Is this a misdemeanor or felony? (Upper St. Clair, PA)

A: If the alleged victim is under 18 and the accused over 18, Unlawful Restraint can be charged as a felony. Corruption of Minors can be charged as a felony if the alleged corruption is sexual in nature. I highly advise your son to not make any statements to police and to get him an experienced criminal defense attorney immediately. The potential stakes are high. He could be facing jail and be subjected to 10 or more years of Megan’s Law conditions.

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.