Q: Opposing council has made no discovery requests. Do I have to turn over my evidence anyway? I am representing myself and headed for a jury trial in county court. (Tarentum, PA)
A: I am not sure if this is a civil or criminal matter but it sounds like you are in state court. The answer would be no in either court, criminal or civil. If no requests are made you have no duty to release information. If this was in Federal Court, you may need to.
Q: I had a Disorderly Conduct charge 9 years ago. I know it stays on my record, but can I obtain a pistol permit and own a hand gun?
A: A Disorderly Conduct can either be charged as a misdemeanor or a summary. Currently as a misdemeanor, it is graded as a level 3 (M3). I will assume it was graded as such nine years ago. If you either pled guilty or were found guilty of a M3 nine years ago, you should be eligible to possess a firearm in PA. If it was a summary offense you are likewise not barred from possessing a firearm. You should be eligible for an expungement of both.
Q: I was in a gas station last night and no one was in there, the cashier probably in the bathroom. I took an item under 5 dollars, the cameras most likely didn’t see me. Just due to the fact on how I did it. If they somehow found out or see footage what can happen? Will they press charges since it was under 5 dollars? I feel horrible for what I did since I never do anything like that but I want to know what are the steps in this case. (West Mifflin, PA)
A: If they have evidence against you, can identify you, and wish to press charges, they can charge you. You will be charged with a summary Retail Theft offense and it can be sent via the summons process, which is basically by mail. Usually it is mailed both certified mail, return receipt and regular mail. If you receive such mailing, see a lawyer immediately.
Q: I was going through the self-checkout line at Walmart and didn’t scan some items a few years ago. This was my first offense and first time EVER getting in trouble with the law. This has since been expunged. Do I have a shot at being a 911 operator and will this show up since it’s expunged? (West Homestead, PA)
A: If your expungement order went through, it should wipe out any trace of your conviction. For example, if you order your criminal history from the PA State Police, it should be clean. However, can anyone promise this? Probably not. It is accepted in Allegheny County that the DA can determine if anyone received ARD on a prior arrest. ARD records are expunged, but somehow the DA keeps this record for presumably for ARD purposes. I would check to see if your expungement was successful by obtaining your criminal history. If it was, apply for the job. If asked about it, be honest. I assume your retail theft was a summary offense for which you were given a citation? You therefore would state that you were issued a citation for retail theft.
Q: In my previous job I worked at, four gift cards for $50.00 a piece were stolen=$200.00. I used one of the stolen gift cards for $50.00 and two other people related to me used the remaining three gift cards ($150.00) but they were not charged. Am I only accountable for the $50.00 I used or can I still be convicted for the whole $200.00 even though I only used $50.00? Also, they have blurry surveillance cameras that “it looks like me” and they used cellphone towers to say I was in the area.
A: I would need more details, but if you stole the four gift cards you are criminally liable for four gift cards, whether you only used one, or even none. I would find yourself a lawyer and not talk about this case anyone other than your lawyer.
Q: My son was accused of theft and was sent to jail two weeks ago. His hearing was today. All charges dropped but when his attorney called his probation officer she told him that it could be days before he was released. She said he had to file a petition. The attorney said he never heard of that. My only had four days left on probation. This PO tried to have him put in jail 10 months ago when my son was on a ventilator fighting for his life. She said we were lying about it. He has complied with everything. (Elizabeth Twp., PA
A: No one likes their probation officer, and they are not always pleasant to those on probation nor the family of their subjects. If you have an attorney, have him or her file a petition to lift the detainer with the judge. The judge can release him forthwith, or schedule a hearing sooner than it will take if the PO schedules the violation hearing.
Q: I have two summary charges from 2006 for Retail Theft and Disorderly Conduct. Would I be able to have those charges sealed from employers if I got another summery conviction in 2016?
A: Summary non-traffic offenses can be expunged if five years of arrest-free behavior has passed. Based on what you are saying here, it sounds like the 2006 offenses could be expunged. The process takes at least 6 months, often more, to have the records disappear. If they are Allegheny County charges, I would hire a lawyer to get started now. (Pittsburgh, PA)
Q: My ex-wife asked me to watch our daughter on one of her days. We have a custody agreement in place. I gladly watched my daughter. We had bad weather, so I took my daughter home, and asked my ex to meet us there. She said ok. About 20 min later she told me to meet her at a local establishment to drop my daughter off. I told her I wasn’t going out in that weather. She came by the house ranting and raving. She took my daughter out, and called me a “p_ _ _ y”. I went out after her and told my daughter to go back in the house. I sat down, and grabbed my remote control, when she barged into my house again. She again grabbed my daughter and left the house. I walked out after her, and took my daughter by the hand while I was holding the remote control. My ex grabbed my wrist and scratched me, and then pushed me. My daughter and I came into the house. The ex said she was calling the police, so I said ok. About 20 minutes later they pulled me out of my house, pepper-sprayed me, put me in cuffs saying that my wife accused me of pointing a gun at her. I was charged with interference of child custody, terroristic threats and simple assault. The supposed gun was a remote control.
A: Most assault cases are one person’s word versus the other person’s word. Welcome to the wrongfully accused club. To have any potential civil suit, you will need to beat the criminal case. My question is, did you own a gun at the time or have one in the house at the time? My experience has been that police would have either made you tell them where the gun was or ransacked your house looking for it. Assuming they did not find a gun, your case is much stronger. You can sue, but you need quantifiable damages such as calculated lost income or provable damage to your reputation. Also, your ex will need to be worth suing to gain interest from a plaintiff’s attorney. My thought is that it is not a great civil suit but please contact a personal injury attorney for another opinion.
Q: My boyfriend and I were in a fight. I just lost a baby and found out he was cheating. I attacked him. He did not put his hands on me just detained me but I told police he did. He is on parole and is now in jail with a detainer.
A: These situations are complicated. Having charges dropped once they are filed is difficult but not impossible. You cannot just ask the police. The case will have to proceed to a preliminary hearing at which time you will be spoken to by the police, the DA and a victim/witness counselor. You will have the opportunity to speak with the victim/witness counselor and talk about this relationship and what you want to see happen. If there is no domestic violence history here, it may be possible for a withdrawal or a withdrawal after a continuance and domestic violence counseling. There is too much unknown her to advise with any certainty.
Q: This is for my dad. He wants to make sure that everything is in place because he knows I will be killing him soon.
A: You both will need a lawyer. Him for estate planning documents and you for homicide charges. Some people try to pull estate planning documents from the internet and do it themselves, but this is not advised. The documents from the internet are sometimes not specifically compliant with the laws of the state in which you live, nor address the specific needs of your situation. Call several lawyers to determine who is in your price range and who you are comfortable with. The attorney can also refer you to a good criminal defense attorney. Perhaps an insanity defense will be appropriate.