Tag Archives: Criminal Law

Will Public Drunkenness charge adversely affect my ARD program?

Q: I was charged for a DUI in February of 2016, I completed all the necessary steps for the Chester County ARD program and I am off probation. This past weekend I received a public drunkenness citation in Dauphin County, will this citation affect my previously completed ARD program? Additionally, will deciding to go to trial make the charge any worse than it already is?

A: f you were off probation and your case was closed, this new non-traffic summary offense will not constitute a violation of ARD probation and result in a revocation. If you were off probation, but for some reason your case is not closed, you may have a problem. Electing to plead not-guilty and defend yourself on any criminal charge is your right, and should not make the punishment worse. However, if you have no defense and are offered a withdrawal of the charge if you complete a program or community service, take the deal. District Justices, as most judges, do not like people who waste the court’s time with trials when they are obviously guilty. If you do this, yes, some judges may max you out on the fine.

What could my mother’s conviction look like for a felony 3 charge?

Q: She has been taking therapy classes and had an arrangement with the person she took money from prior to the cops getting involved. I’m worried because the amount was estimated $300,000 over the 7 years they could track.

A: You need to get her a lawyer to determine A) if she has a defense to all or some of the allegations (i.e., statute of limitations) and if not B) how to keep her out of jail. My thought is that it would be a felony 2 or 1 given that amount of money. As to her sentence if she has no defense and pleads guilty, it depends on many factors-hire prior record score, the position of the victim, the DA, the judge’s temperament, any mental health issues and any potential of restitution. In addition, if the victim was elderly, there are enhanced penalties in the sentencing guidelines. If there was any sort of embezzlement from a charity organization or an elderly or disabled person, the chances of jail are always greater.

Can my friends be issued a subpoena?

Q: My three friends and I were caught in a car with a bookbag that had marijuana and marijuana related paraphernalia in it. The car was not turned on or moving. It was just really cold and windy so we got in the car to smoke. I took full responsibility and my friends weren’t charged. It’s been over a month and I haven’t been charged yet, but I know it’s coming. Is there a chance my friends will get subpoenaed once I get charged?

A: Your friends may likely be arrested with you, assuming the officer took their information. Since you took the blame they may not be. It is up to the officer. If there is evidence of MJ being smoked in the car, there is a greater chance all will be arrested through the summons process. Tell your parents and have them get you a lawyer. There may be a defense here in lack of probable cause and if not there are other options than pleading guilty so you can avoid a criminal conviction.

Elder neglect penalties?

Q: What is the penalty for someone who didn’t take care of their elder spouse such as withholding nourishment, and not properly helping like withholding hygiene for the person? This was the main cause that lead to the person’s death.

A:  More information would be needed. If this is an extreme case of failure to nourish, which is medically/forensically related to the death, the charge could be homicide. I would review all the details with a lawyer or contact the police.

 

Can I get off probation if I still owe $16, 000 in restitution?

Q: I just saw my probation officer today and I expressed that I really want to get off of probation next year. It ends in five years. However, the amount I still owed is lower but not the full amount. The probation is in Westmoreland County. But I’m supervised in Allegheny. My PA said that the county might not let me off until the monies are paid in full and my probation will be extended if I do not meet the deadline. Is there any other option I can go with beside paying it all off in one-year. Will it help getting a lawyer, paying off half in one year or something? Should I rob a bank?

A: Normally, a probation case cannot close until all conditions are met, including restitution. However, I would review all the facts with local counsel and see if it is worth filing a Motion for Early Termination of probation. For example, if the victim to whom restitution is owed will accept a negotiated lowered lump sum payment and the DA agrees, maybe it can happen. I did this once or twice over the years. The chances are against you but it might be worth asking.

Will I go to jail?

Q: My sister and I got into a fight on campus property. She called the cops on me & the cops called me and asked me to come into the station, I went into the police station they told me my charges (simple assault, harassment, criminal mischief- destruction of property) ~ I threw her phone and it broke. I was arrested for the night it was the scariest thing of my life, I never want to be handcuffed or in a cop car or in jail. I was ready to cry. My mug shot was take and they got my fingerprints. I was placed in the holding cell for the night, and in the morning around 9am I saw the judge. The judge explained all the charges to me, he let me leave on a bail of $5,000. He explained that this bail will be lifted if I do not engage in any physical contact with my sister. The judge explained that I have a preliminary hearing in a week and that I need to show up, and if I don’t show up I will be arrested. I left the correctional facility and called a public defender I explained to the lady that I am a college student, and I can’t afford a lawyer. I honestly just regret this whole thing happened but it did. I’m just scared of the outcome.

A:  Talk to your Public Defender attorney. As a first timer and college student, you have options to get out of this without a record. Whatever caused your outburst, whether alcohol or anger, needs to be addressed. You may want to be proactive and consider some counseling, if necessary. If you don’t think you need it, do it anyway as it will make you look better when you come to court.

Can the guy get charged for statutory rape?

Q: A friend of mine’s daughter, age 15, was dating a 20-year-old. My friend did know about the relationship and was okay with it. Her daughter got pregnant with this gentleman. Now the thing is, she’s afraid since CYF became recently involved with them, they will take her daughter away who is now 16 and press charges on the gentleman who is now 21. Can he be charged with statutory rape even if the relationship was Allowed by her mother?

A: Yes, I am afraid that is a violation of the law. At a minimum, he can be charged with Statutory Sexual Assault and Corruption of Minors. Children, Youth and Families cannot press criminal charges but can refer the matter to police who will interview her and decide whether to file. Additionally, if your friend, the parent of the girl was “okay with it”, and the police find out, he can be charged with Endangering the Welfare of Children, commonly known as EWOC in the trade.

Is it legal for a 17-year-old to have sex with a 14-year-old?

Q: A co-worker of mine just found out her daughter that is really 12 (but told the boy she was either 13 or 14) is now pregnant. He is 17 and said that she kept perusing him and eventually they had sex. She wants to have the baby and her mom, the nurse at the PCP office, and several other people tried to change her mind. What can her mom do if anything probably without the daughter’s help or permission? She has already been told that if her daughter wants to have the baby there is nothing she can do which means she is now going to be raising another child cause her daughter is still a minor and not responsible. Please give us some advice cause the mother wants to try to press charges or even a PF but don’t know what she can do.

A:  Yes, what you describe sounds like Statutory Sexual Assault since the victim is under 16 and the defendant is 4 or more years older than she. This is a serious matter and yes, the mother can commence criminal charges with the police. Before the mother launches that ship, she should speak with the daughter and perhaps seek counseling for the daughter. Involving the criminal justice system will have a profound impact on the daughter.

Can two people live together that are on probation?

Q: He has been on probation, and she just got on probation. They are married and expecting a child.

A: There is no law against it. It is only a problem if it violates a term or condition of their probation. If it was not listed on his terms of probation paperwork or the judge didn’t state it on the record, it is not a violation. You can always ask the probation officer but you will need to decide if you want to open that can of worms.

Can I be charged for rape as adult when I was between the age 11-13?

Q: I am now currently 23. I was accused of rape by a foster-sister. She was between the age 7-9 and I was between the age of 11-13. I had a detective talk to me in 2015. I told my side of the story saying I didn’t stick my male parts in her. I said things did happen with clothes on and I wrote that in a report in 2016. Another Detective comes to me saying we need to go over paper work basically starting a new Investigation saying that they did a penetration test and basically telling me I he knows I did I gave him what he wanted to hear. He called the da and they said not to arrest me it’s been like 2 years nothing has happened. Lawyers In my area won’t help till I get paper work but that hasn’t happened. What do I do?

A: Don’t speak with anyone, police, friends, no one. You can be charged with rape and a variety of sexual crimes which are as serious. If you are contacted by police, refuse to speak with them no matter what they promise in exchange. You have no legal obligation or duty to speak with them, period. They know this. They have no right to take you anywhere unless you are arrested. If they do contact you again, say nothing and call a lawyer. No lawyer can really help you until you are arrested. I have no crystal ball but it sounds like the police do not want to prosecute. However, if the victim really pushes this for one reason or another, they may have to file charges.