Tag Archives: Criminal Law

Can I clear my record with felonies?

Q: I got a felony 1 and felony 2 pertaining to an aggravated assault case in 2001. It’s been over like 17 years almost. I just want to move on and better my life, but I can’t get a good job due to the record. What can I do. (Pittsburgh, PA)

A:  If you were convicted of the felonies, they cannot be expunged. At least under the present state of the law. If you are not certain if you were convicted of the Aggravated Assault and the charges may have been reduced (to a misdemeanor or summary) you should get your criminal record to verify your history. You can expunge summary convictions after 5 years of arrest free behavior and certain misdemeanors under new expungement laws. If you are certain you have these felony convictions, your only hope is a pardon. In that case, seek out the advice of an attorney who handles pardons.

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.

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.

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.

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).