Q: He has been om 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.
Q: I was charged with open lewdness and disorderly conduct. My husband and I got into a fight right after I got out of the bath. He dragged me out of the house I had no clothes on but from observer’s point of view it looked like I ran outside totally naked. The neighbor’s teenagers were outside by their cars (smoking pot) but I am sure they have seen a nude woman before. How am I being charged if I did not purposely go out naked and it was against my will? Why is he not being charged?
A: If you explained this to police at the scene, and the way you present this is what actually happened, I have no idea why he was not charged. I would get a lawyer to represent you as this can be defended or it has a good chance of being withdrawn at the Preliminary Hearing.
Q: I had four chargers and plead out to a simple assault. I got a 100$ fine and court costs all of which were paid in full and finished probation early.
A: If the Simple Assault was graded as a Misdemeanor 2 or higher (M1, F3, F2, F1, etc.), and you pleaded guilty to it, then you will be prohibited under Federal Law from possessing a firearm which will preclude you under the PA Uniform Firearms Act. If you were convicted of a Mutual Combat Simple Assault which is graded as a M3, you will be OK. You need to order your criminal history to be certain of what you were convicted of.
Q: What consequences come with a city ordinance for urination on private property without the owner’s consent? I am currently underage but not a minor, and I was recently charged with an underage drinking citation. I am almost done my community service hours and soon I will pay to have it off my record. If I go to court with this citation, will he see my underage and give a harsher punishment? And can this citation be expunged as well?
A: Being cited for violating a municipal ordinance and being cited for a summary offense under PA crimes or motor vehicle code are entirely different things. A conviction for a summary non-traffic offense such as underage drinking, public drunkenness, harassment, etc. is reported to criminal record repositories and become part of a state and nationwide basis. They are found in the PA Crimes Code. A borough ordinance violation, does not become part of any criminal record repository and is not considered to establish a criminal history. City ordinances are not found in the PA Crimes Code. The ordinance violation, to my understanding, doesn’t leave the municipality records system and is not shared with any other database. If you are to appear before the same district justice on the new ordinance violation who heard your prior underage drinking, I would say to be careful. If you were sentenced, but have not completed or fulfilled the terms of the plea agreement on the underage drinking which hopefully results on a withdrawal for doing community service, the judge could vacate your plea agreement based on the new charge. I doubt if he can sentence you to more than a fine on the municipal ordinance-jail should not be an option on the municipal ordinance violation. I need more facts however to give a precise answer. I suggest you seek counsel.
Q: My car was stolen by a 16-year-old boy, his sister and 3 men. The 3 men and the sister got away. But the girl left her Giant Eagle rewards card in the car. The boy totaled my car into a parked Salvation Army truck. The wreck knocked-out some teeth of one of them and they are still in the car. My child was traumatized. We were 3 feet away from getting in to the car, with Christmas packages when we realized someone was in it. What should I do?
A: Obviously, this is a crime and therefore you need to report this to police. Get a copy of the police report. Contact your insurance company immediately and file a claim. They will need a copy of the police report. All insurance policies required the insured to report claims promptly. If some of the identities of these little reprobates are not known, the police should be able to track the girl with the Rewards Card and eventually she and all or some other reprobates will confess or rat out the others once the police start working on them and their parents. Oh, and give the teeth to the police. They can be tested for DNA if necessary. Also, they can be circumstantial evidence if one of the kids is missing any. As far as trauma for your boy, contact your health insurance provider to see if any mental health coverage is available for him.
Q: Is it possible to get my consecutive suspensions to run concurrently? My license is suspended and I am reviewing my restoration requirements. I have 4 charges of driving on a suspended license, producing 4 suspensions of 1 year each. Plus, a drug delivery charge yielding a 6-month suspension. I have already served a year in jail and 6 months on probation, but can hardly imagine my future if I must wait 4.5 years to be allowed to have a license again. Is there any chance that some action I could take, or with representation that is affordable, I could somehow get this significantly reduced, perhaps so that my consecutive 1 year suspensions could run concurrently?
A: PennDOT does not run driver’s license suspensions concurrently and the court has no authority to do so as it an administrative procedure. You may be eligible for an Occupational Limited License if the suspensions are not DUI or drug related. The PennDOT website has information on the OLL procedures.
Q: How can I keep an expungement secret from my family? Expungement of Possession
A: Not enough information to really answer but if you are filing to expunge a previous conviction, no one should know except you, your attorney, some of the employees in the court office who take the filing, the Assistant DA who handles it and employees in the State Police Office. You should not have to go to court. It is not published to the public, or advertised, or listed on the docket. It is a relatively private proceeding. Plus, don’t tell anyone.
Q: I caught a 2nd underage drinking charge. I didn’t face jail time the first time, but I imagine the judge isn’t gonna be happy to see me again. Is there any way I could get my lawyer to work out a suspended sentence for me, or some other way to avoid jail time?
A: If the first section 6308 summary didn’t get you a 90 day license suspension because you somehow avoided a conviction for being a first time offender, this new 6308 will carry a one year driver’s license suspension. I would hire an attorney. An attorney may be able to advise you on how to avoid a conviction, if possible.
Q: My dad’s accusing me of elder abuse for taking my mom to the bank getting out her money to go to the casino or do whatever she wants. I take her to bank to get the money she wants to go to lunch or casino and she’s helped me with my school loan as she did with my nephew by putting a $2,500.00 fence around his pool. She’s given me $2,400.00 towards my school payments. My dad says he’s putting me in prison if I don’t pay him $5,000.00 can he do this? She told him he’s out of line. (Latrobe, PA)
A: Your father can threaten to file criminal charges, but it doesn’t sound like a criminal case. I would need more information to determine if the police or the DA would file charges. On one hand, if your mother is competent to make these gifts, and she is under no undue influence or coercion to do so by you or anyone else, then her decision to make gifts is hers. On the other hand, if she is not competent or acting without clear capacity, and she is seriously depleting funds that your father and mother may need for their golden years, he has a legitimate concern. There are criminal statutes that protect the elderly or mentally infirm from being taken advantage of. Whether they apply to your situation I cannot say for sure without more information. Just based on what I hear, I am doubtful criminal charges may arise. However, if your father seeks legal advice, and an attorney believes your mother is not competent or being coerced to make these gifts, you could face criminal charges or a civil suit of some type including a restraining order or domestic abuse order.
Q: I was convicted of DUI on 2/05/2006 and sentenced for another on 5/05/2016. Would this be considered my first DUI in ten or my second? I was charged with DUI general imp/incapable of driving safely.
A: The 10-year period commenced on the date of your last conviction and ended on the date of your most recent arrest. If your most recent arrest is beyond that period, your DUI is a first for the purposes of sentencing. If you were arrested prior to February 5, 2016, on your new DUI case, this will be a second DUI offense and you will not be eligible for the Accelerated Rehabilitative Disposition (ARD) program.