Q: She used her son’s social security number to get her utilities turned on and to get rebates. We reported her to the gas and light company and are waiting for information. Can she get arrested? Can she go to jail? (Pitcairn, PA)
A: She has committed the crime of Fraud and maybe Theft of Services. Whether you will have the joy of seeing her lose her housing, yes, but going to jail, probably not, she will probably get probation, especially if she has no criminal history.
Q: She was with her brother and brother’s friend. She is 16. They went to a gas station and her brother’s friend went in and caused a scene because clerk refused to sell him cigarettes. They left and the clerk called police. Police pulled them over a mile up the road and asked them to get out the car. They searched them and found a gram of cocaine on my daughter. They took her phone and said they are holding it for evidence because she had cocaine on her. The phone is in my name and I asked the officer if I can come get it, but he just laughed and said it was his phone now. (Pittsburgh, PA)
A: Unless her cell phone is related to the distribution and sale of cocaine, there is probably no nexus to criminal activity. However, if they absolutely will not return it upon request from you or your lawyer, your lawyer will need to file a petition for return of property with the Criminal Division Motion’s Judge. The police probably have had enough time to go through it and determine if it is related to drug activity.
Q: My nephew was arrested in Washington County but lives in Glassport. Now on probation. Does he have to stay in that county while on probation. He took a plea bargain as opposed to jail time and is on probation 3 years for a felony he didn’t commit. (Glassport, PA)
A: Normally, probation can be transferred to another county. This is not always true with house arrest or alternative housing. Ideally, he should ask the judge at sentencing to transfer jurisdiction of his sentence to Allegheny and then ask his probation officer to. It should be no problem.
Q: If I find a cell phone, can I contact the owner and charge a fee to return the phone to the original owner? Can I sue City of Pittsburgh for a fee? Is it lost and found property? Specifically, I am talking about cell phones. What type of Attorney is needed and who in Pittsburgh, PA practices such law? Is there a limit I can charge? Is this illegal? Can the Pittsburgh police threaten felony charges on me (because he’s doing an investigation on someone else who steals phones then charges people to get them back) whereas I found phone, negotiated a fee (price) to return phone to owner, owner agrees to price, then when meet police show up (obviously the owner called them beforehand because he wants to get phone back free) then police try to threaten me to give ID ‘because investigating similar case’ AND to give phone to officer for free for him to hand over to owner. When he asked for phone I said it’s XX $. The owner has agreed to a price to get his cell back. He then repeats he’s investigating a case similar to this and he’s including me in it -and some other talk. -then when I hand over the phone, he then says, ok so I just took you out of the investigation on that point so your no longer being investigated. Then as we talk casually for the next several minutes -he says I knew you weren’t the guy I’m investigating because we have video footage of him. (Pittsburgh, PA)
A: There is a crime in Pennsylvania called “Theft of property lost, mislaid, or delivered by mistake.” 18 Pa.C.S.A. Section 3924 of the PA Crimes Code. The statute says that someone who finds the property of another is guilty of a crime “if, with intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it.” I think you are lucky the police did not arrest you and naïve to think you would get away. My suggestion is to cease this type of behavior.
Q: Two years-ago I ended up in ARD and the docket still says awaiting completion. I just finished my community service Wednesday and it still allows me to pay my fines off so I’m not sure if I’m still on it or not. (East Pittsburgh, PA)
A: ARD will not close the case until ALL the requirements of your ARD conditions are completed. This includes all costs and fines, classes, community service, if ordered, etc., etc. The idea is to get through ARD as fast as you can afford it to get off probation.
Q: My husband is on state parole and has been doing very well staying out of trouble. However, this past week I had issues with my car, and it broke down and I was hysterical crying. He had offered to drive although he has a suspended license due to his legal issues. We ended up getting pulled over and my husband was very compliant and explained he does not have a license. The police officer ended up issuing 3 tickets; 1 for inspection, 1 for fail to change address and the last for driving with a suspended license due to a prior DUI offense. Today we got a court hearing notice for the tickets and our main concern is if he will have to do jail time considering this would be a violation of his parole. For being on good behavior, he did just step down in his program so it’s not so intense for his PO to do check in. Is it worth seeing if there is a possibility for house arrest or extended parole sentence as opposed to jail time? We are trying to prepare ourselves in this matter and plan accordingly for what our options may be, if any. (Pittsburgh, PA)
A: Your husband is only charged with summary level motor vehicle offenses. Summary level motor vehicle offense convictions on parole are only considered to be technical violations of probation or parole, and hence not subject to penalties invoked if one is a “convicted violator” as in being convicted of a misdemeanor or felony while on parole. If he is convicted of the 1543 driving under suspension, his parole officer could recommend no action being taken, sanctions or a small amount of jail time. As far as the 1543, this carries a 60 days jail sentence for a first offense, but Allegheny County offers electronic monitoring house arrest. Make sure he has an attorney. Depending on the Assistant DA and the officer, this case could be pleaded down to a 1501 or 1511. Neither of those carry a jail sentence or license suspension. I have luck with these cases, but it really depends if law enforcement wants to give him a break.
Q: My 18-year-old son was pulled over for a broken tail light. He had two friends in the car with him under 18. One of them had a vape pen used for smoking marijuana. There was also an empty prescription bottle that once held marijuana. Both boys were given a citation to which they both pleaded guilty. My son was given a citation for disorderly conduct. He plead not guilty and has a hearing coming up in April. Should we have a lawyer with us? (Pittsburgh, PA)
A: At age 18, your son is an adult. Yes, hire an attorney. A disorderly conduct summary offense, if convicted, cannot be removed from his record for 5 years and only then by an expungement petition. He may have a defense, or an attorney may be able to have the charges withdrawn if you son competes a drug and alcohol program or does community service.
Q: I was charged in Florida with a crime. Can it be used against me in a pending misdemeanor case that allegedly I’m being charged with in Pennsylvania? (Pittsburgh, PA)
A: If you were convicted of it in Florida, of course. It can be used to calculate your guidelines for sentencing in that a prior felony conviction will equal so many points, depending on the type of felony and how it was graded (F1, F2, F3?) It may also be used against you at trial if it is similar in nature to your new crime. For example, if the felony was for theft, and your new alleged crime is theft, the DA can introduce it at trial to impeach your credibility. If, however, you were not convicted, only charged, it cannot be used.
Q: I was convicted of retail theft and I was not sure of my mistake because I was very sick and lost my debit card and went back to retrieve it. Also, I have been sick for 2 weeks since the incident happened. I was on medication but was not sure what happened but was willing to pay for everything. They stopped me when leaving but the guy was not listening and told me it’s too late. I think I forgot because I was too worried about my debit card and had stress on my mind. I want the charges dropped. I don’t want it on my record and need of a defender. What should I do? It will ruin my life if I get charged. How do I get a Public Defender as I have no job right now? (West Homestead, PA)
A: Stop the drama and talk to an attorney. In Allegheny County, there is a first -time offender’s program for Retail Theft whereby you don’t admit guilt, you complete a class on the evils of Retail Theft and the charge is withdrawn. After that you can pay an attorney to expunge your arrest record, and then you will have a clean record. I do this all the time. Call a private attorney or sign up with the PD. The Allegheny County PD is in room 400 of the County Office Building in downtown Pittsburgh at the corner of Forbes and Ross St. You can go there or call. There number might be 412-350-2401. If you are computer savvy, just look them up. They require that you apply a week in advance of your hearing, so get on it. Good Luck!
Q: I went to the initial hearing at the magistrate I was pulled over for a headlight being out and had paraphernalia taken out of the car. No tests were done, so no DUI was issued. I went to the initial hearing but was told by my mother not use her address anymore. The judge got angry when I told him I was technically homeless and without an address to give him. He gave me another court date that I failed to show up at because my situation was still the same. I just want to pay a fine and be done with it all. Well, it went downtown. About a year later, I was picked up and taken to the county jail for 3 weeks. Released on ROR and they kept my prescription glasses for long distance seeing. I had an apartment I was residing at when I was arrested. I lost the place shortly after being released. I had to move my stuff and misplaced my papers with the court date. It has been 6 months roughly since I was arrested. Had they issued the fine at the initial hearing, everything would have been paid off by now. What are my options? I tried contacting a pro bono attorney and they said they cannot help until the warrant is resolved. This could be resolved without my appearance if I had a paid lawyer. (Pittsburgh, PA) A: I am not so sure it could be resolved if you had a paid lawyer. Even if you did, you would be detained at least for some period of time until the motions judge could set your bond. With a record of not appearing and having no steady address, a private attorney may not be able to get you another ROR bond. It sounds like a bench warrant was issued for not showing at your Formal Arraignment and you were subsequently jailed but given a ROR bond (released on recognizance) and then no showed again. I do not believe the Allegheny County Public Defender handles warrants. If you don’t have funds for a private attorney to turn yourself in at motions court, my thought is that you need to turn yourself in to the County Bail Agency (Pretrial Services). They will hold you in jail until they can get you before a judge to arraign you. If you received ROR once, you may not get it again. Tell the judge your circumstance and try to get an address where you receive mail before you do this.