Tag Archives: Criminal Law

Do I have a right to see the video?

Q: If an officer is accusing you of a crime and states that the crime is on video, does the officer have to show you the video? The officer is stating he has a video of someone committing a crime and the “defendant” requested to see this “evidence” and the officer refused. I was just wondering if there is any law against this. The officer left voicemails threatening this person and accusing this person and when the “defendant” asked to see said video the officer said he was just going to file charges against “defendant” for said crime. (Munhall, PA)

Q: The officer has no legal obligation to show you or your attorney the video before he arrests you or even before the Preliminary Hearing. Some officers, will allow your attorney view it, prior to the charges or shortly thereafter, if the attorney requests. However there is no obligation to do this. Procedurally, the video is evidence that doesn’t have to be given to the accused until “discovery” applies, which is after the formal arraignment. If the cop won’t let your attorney watch the video, your attorney can still file a motion for a court order to view it, but the officer can still file the charges. It will be easier for your lawyer to do this after the Preliminary Hearing.

 

What are my options with my DUI?

Q: I was recently pulled over and I got a DUI in Tionesta. They sent me my paper work and it states DUI 1st. I know it is my 3rd within 10yrs. I recently had my oldest son move in with my fiancé and me. I have a great job. I stopped drinking but recently started again due to family issues. I am not an angel but I am a good man. I just want to handle this situation the best way possible to avoid more discomforts for my family. (Swisshelm Park, PA)

A: The charges at this point are merely a police complaint. The police likely did not have access to your entire criminal history during the arrest and arrest warrant process. It is customary for the DA to review the case after the preliminary hearing and amend the charges after they have run your FBI and PA State Police background. As a third DUI, you could be looking at 90 days if your blood alcohol level is below .16 and one year in jail if over .16. You need to have a criminal defense attorney review this case to see if you have any plausible defense, probable cause or other, and if not, what plea options you might have. If you are over the .16 level, you may want to involve yourself proactively in therapy. Again, consult with an attorney to discuss your options.

 

Should I plead to Disorderly Conduct charges when I was attacked?

Q: How should I plead on a disorderly conduct charge (PA 18 5503 A1)?I was at a bar and some friends and I were in the process of leaving. A guy that was outside getting into his friends car started heckling us. As they started to drive away the man rolled down the window and continued (he was clearly drunk). I yelled back which prompted him to jump out of the car and attack me. While I did throw the first punch, he came at me with what I assumed to be an intent to harm. He grabbed me by the collar and there was pushing back and forth before I hit him. His friend then got out of the car and joined in the fight as well. Cops showed up and saw them attacking me and arrested them. I explained it was self defense and they said I could go. About a week later I received a Summary charge for Disorderly Conduct. How should I plead? What can I expect in either case? I should also add I have no record or any prior convictions of anything besides traffic violations.

A:Plead not guilty and hire an attorney for the hearing. If you get convicted for a DC summary, it will stay on your record for 5 years assuming you get in no further trouble in that 5 year period. It sounds like you have enough for any experienced criminal defense attorney to employ self defense as a total defense . The police may have cited you as a way to get you to come to court to be there witness. An attorney can talk to them for you and figure this all out.

 

Fear of needles! Is this a refusal for blood testing?

Q: My friend has an intense fear of needles and was in a car accident. He was taken to the hospital and was asked for a blood test. He informed them he was terrified of needles and was willing to do anything…. urine, breath or to figure out a way for a blood test but he had a very strong fear of needles. They said okay and drove him home. Now they are saying he refused and he will lose his license for a year. Is there any kind of disability that they were unaccommodating here? Unwilling to numb or knock him out or something? Surely there is some alternate procedure for people with this phobia that he was denied? (West Newton, PA)

A: You have no choice in PA as to what test is given. If the arresting authority had no breathalyzer machine, they had no choice.  I have had cases where the police honored such a request when they had the test machines at their station. Just about any form of resistance to the request for blood alcohol testing pursuant to a DUI arrest is considered a refusal in PA, under the strict administrative rules of the PA Department of Transportation. The only defense I can imagine to this is if he has a doctor testify of this needle phobia existing prior to the DUI and of prior incidents in which he could not be treated medically with injections. Courts are generally not receptive to arguments like this or other similar ones such as person’s alleging they cannot urinate in a bottle.

 

Why did his Public Defender “waive” his case?

Q:  Does a public defender waive court appearance. A  friend is in jail, and the past two court dates the public defender waives his appearance. Why ?

A: If you are stating the PD waived a case to a further court, that is not that unusual of a practice. Many times an attorney or PD will advise a client to waive a case from a preliminary hearing, which means he did not choose to contest the matter at that particular hearing. Sometimes it is done because the lawyer or PD did it in exchange for some of the charges to be dropped, sometimes it is done in exchange for a lower bond, sometimes it is done because there is no defense and to litigate a preliminary hearing is a useless effort. You need to ask the PD.

New possession of marijuana charge while on ARD for a new DUI

Q: What happens if I am in ARD in Green County and have been charged with small possession of marijuana while still in the program? I was charged with a DUI and small possession in May 2015. I started the ARD program in November 2015 and was charged last night with another small possession. I was wondering what will most likely happen next? Should I hire an attorney? Jail time because it is a subsequent offense? What are the chances that I can get the case dropped?

A: In Allegheny County, this new misdemeanor arrest could get you kicked out of ARD. You need to hire a lawyer and see if he can turn the Possession charge into a summary charge at the District Justice level. Taking this measure could keep you in ARD, but no guarantee. My experience in Allegheny County is that you can receive ARD on a DUI even if you have a prior Probation Without Verdict (PWV) on a drug charge, but not the other way around. Another problem is that since you had a prior possession of drugs with your DUI ARD, you cannot get another diversionary program like PWV after your ARD if your new charge is held for court. You need to have this new possession charge pleaded down to a summary.

 

Pittsburgh taxi driver fraudulently signed my name on a charge

Q: I took a taxi from the Pittsburgh airport to my house, which ended up being an hour long ride. As a frequent traveler for work, I knew that landing at 4:30 p.m. meant I’d be sitting in traffic. I ended up taking a Veterans Taxi. The driver recklessly weaved in and out of lanes – going into the emergency lane even to pass cars. When we got to my house, I went to pay with my credit card on the machine in the van. The driver took my card and I thought maybe the machine is broken and that he’d run the card in the front. He didn’t offer any explanation. I should have questioned it, but didn’t think much. I asked for a receipt, which was printed from the car. The driver wrote in the tip by hand on the receipt, which seemed sketchy. I found later that day that the receipt amount didn’t match what I was charged since I noticed the square receipt in my email. I also noticed a scribble in the signature line. I contacted the taxi company and the taxi upset that there not only was a discrepancy but the driver signed my signature. There is apparently video surveillance in the van but the manager/owner has now taken the driver’s side without even pulling this footage. What can I do? This is fraud.

A:  The beauty of using credit cards is that most have a dispute resolution process whereby you just report to them in writing of a disputed charge and they hold payment and investigate it. So, report this either via phone or on your credit card company website and fill out and submit the necessary forms. If you want to go even further, you can contact the county police (I believe they have jurisdiction over the airport) or your local police in the town where the taxi ride ended (may have jurisdiction as well as that is where the transaction was signed) and see if they are interested in filing a theft, access device or forgery charges. My thought is that your credit card company will work it out with the cab company.

 

Handcuffed, fingerprinted and photographed for littering in Pennsylvania?

Q: I have a friend who was walking from the corner store, had just bought cigarettes, and threw the plastic wrap on the ground. Police handcuffed her, took her to Central Booking, fingerprinted her and photographed her before releasing her. She was cited with 75 Pa.C.S.A § 3709, but from what I’m reading, the language states “from a vehicle”. How does this law apply in her situation? Would it be worth it for her to fight this charge?

A: Police normally don’t process someone for a summary offense which is what 3709 looks like to me. Frankly I haven’t ever had anyone cited for throwing a plastic wrap on the ground. I would plead not guilty and defend it vigorously. If she was a pedestrian, I agree that § 37089 does not apply but 18 Pa.C.S.A. § 6501 would. If I was her I would fight the charge. Was the area posted?

 

Can I get my Retail Theft charge expunged?

Q: Will attending the ASI course in Allegheny County get the charge and fingerprints expunged or just dismissed. What is required to get the first retail theft charge and fingerprints (of a 17 year old) fully expunged? (Marshall Twp, PA)

A: If the District Justice ordered ASI for you, as long as you complete the program, which is a diversionary program, there will be no conviction. However, you will need to have an attorney to expunge the arrest records. As soon as District Justice dismisses the charges, call an attorney to start the expungement process.

Can I get taken off probation early?

Q: I have a 3 year probation sentence and currently into my 20th month with no violations. What are the chances of my probation officer petitioning for my early release. I have not been violated on any manner and pay my fines every month, but at the rate that I pay a month my probation will be over before being paid off. If he does agree what are the chances of the judge agreeing to this. (New Castle, PA)

A:  Ask a local lawyer who regularly practices criminal law in Lawrence County as it totally depends on how liberal the judge, the PO and the DA are towards early parole petitions in general and their view of you as a defendant. Some probation departments will put the paperwork in for you and some will not in which case you will need to hire a lawyer to file a petition.