Tag Archives: Criminal Law

Will I face jail time? I can’t do jail!

Q: I live in PA and was pulled over for expired license plate. I haven’t had my driver’s license for 8 years due to an accident that placed a suspension on me which I still owe fines for. I was charged with 4 misdemeanors and 2 summary offenses. I was hit with possession of pot, possession of cocaine, DUI, driving with no license, and expired registration. (Brentwood, PA)

A: A first time DUI carries 72 hours in jail. First time DUI offender’s are eligible for Accelerated Rehabilitative Disposition (ARD) whereby there is no jail, no resulting criminal record and a reduced license suspension (from 12 or18 months down to 30 or 60 days). However, you must have a valid driver’s license and you must not owe any prior court costs, fines or restitutions. If you are not ARD eligible, you may receive a fast track or “Phoenix Court” deal whereby you would be sentenced to the DUI hotel, an alternative to jail. If the DUI hotel is not acceptable to you, some judges will offer you a choice between 72 hours in the jail or a longer period on electronic home monitoring house arrest. You should really consult with a criminal defense attorney.

Will harassment citation stay on my record?

Q: I was found guilty of a citation for harassment and was fined $100 and court cost. Will that go on my record. I worked for this private daycare and I quit after 1 month. And she was trying to hold my check so I told the owner to mail my check or I was going to call the state on her.

A: Yes, if convicted it will be on your record. You can expunge it after 5 years of arrest free behavior. You may consider appealing it if it is within 30 days of the conviction. What you describe really does not sound like harassment to me.

On probation for Felony. Now, two new DUI charges!

Q: What if while on a felony probation, someone gets a DUI for drugs, then a few months later gets 2nd DUI for alcohol? My nephew, while on a felony probation, wrecked and totaled three cars while under the influence of heroin. Then 5 months later he got a 2nd DUI for driving under the influence of alcohol. Can you tell me what type of consequences he is facing? He is being held in jail awaiting the hearings for these offenses. Thank you.

A: He could face violation time from his probation judge. I am not sure if his bond is holding him in jail, or a probation warrant/detainer. On the two DUI’s, assuming he has no prior DUIs within the past 10 years, they will both be treated as a first if he didn’t plead on the first one yet. In Allegheny County they may offer him a Phoenix deal which will be DUI hotel for a weekend and all the normal fees and charges and probation that comes with a DUI. He may also be able to get house arrest. As for the probation judge, that judge may hold him as his behavior is certainly consistent with someone that has an out of control substance abuse problem. If the probation judge will continue to hold him, you may want to consult with an attorney about the chances of filing a motion to permit him to transfer to a rehabilitation facility pending the violation hearing.

 

Can I get ARD in PA, if I had ARD in NJ?

Q: I was charged with possession of a small amount of weed in my car. My friends and I decided to get out the car to go to a gas station and someone had called the police because my friend was intoxicated. We were not in the car but a light was on in the car and police officer told me to shut it off I opened the door and police officer smelled the weed in the car. I told them it was mine even though it wasn’t to get the people I was with off the hook. I have a previous DUI in NJ where I go to college but none in PA. I took some DUI classes in NJ and paid the fines. Now I have a possession of marijuana charge in PA. It is my first and I want to get ARD program for it? Also, since we were not driving nor in the car, can my license be taken away? I am a college student and I work so I need to get back and forth. What should I do?

A: You really need to review this with a Criminal Defense Attorney in your area. You may have enough of an illegal search defense to push the police into turning this into something that does not result in a criminal conviction if just outright asking them to cut you a break doesn’t work. You may not be able to get ARD as you have had it once in NJ and you cannot get ARD for a drug case in PA. If you cannot get it withdrawn at the Preliminary Hearing, or turned into a summary offense like Disorderly Conduct, your next option would be to receive Probation Without Verdict (PWV) at the trial level which will not result in a conviction. However, be aware that some county DA’s will not offer PWV if you have had a prior ARD for DUI. Your goal is to get out of this without a record which is more difficult since it is your second time at the plate. If you are offered to plead to a Disorderly Conduct summary offense at the Preliminary Hearing. However, a summary conviction will stay on your record 5 years before you can expunge it, assuming you can stay out of trouble. Again, your chances of minimizing your damage will be better with an attorney.

What am I facing on this DUI?

 

Q: I live in Baldwin Twp. but got a DUI, .247, in Washington PA. What will I get?

A: 1st offense, 72 hours to 6 months plus probation, court costs and fees and a 1.5 year drivers license suspension. 2nd offense, 90 days to 5 years plus probation, court costs and fees and a 1.5 year driver’s license suspension. 3rd offense, 1 to 5 years plus probation, court costs and fees and a 1.5 year driver’s license suspension. Your 4th offense, another 1-5 and the all the toppings. However, if you qualify for ARD, you receive no jail time, no criminal record and a 60 day driver’s license suspension. You will have a couple thousand in court fees and costs with ARD. I would see an attorney. There are house arrest and jail work release options to regular jail in Washington County. Hope this helps. Those are the general ranges of sentences, but there are variations so you should consult with a lawyer as soon as possible.

Can my husband get out on nominal bond?

Q: My husband has been arrested for 180 days. Is he entitled for release on nominal bail? It is not a capital case. However he filed omnibus pretrial motion about 2 months ago. His lawyer refused to file the motion for nominal bail. (Glassport, PA)

A:Normally, one cannot be held in jail awaiting charges for more than 180 days, pursuant to Rule 600 of the PA Rules of Criminal Procedure. This rule reflects that Constitutional right to a speedy trial. This is of course, if there are no other legalities that act as a hold or detainer on holding your husband in jail. These other legalities could be things like a probation detainer or family division support warrant. Also, if there were any time delays that were attributable to him or his attorney such as continuance that time would extend the 180 days. For example, if your husband postponed his Preliminary Hearing for 30 days, that 30 days would be added on to the 180 days. These questions should be directed to his lawyer.

 

Will unsupervised probation show on a background check?

Q: My husband was accused of animal neglect but the lawyer made a deal of entering a non guilty plea if he is on unsupervised probation for 90 days and does 40 hrs community service. Then the case will be dismissed totally. The problem is that he applied for a job before this happened and is very close to getting hired. Will this show up when they run a background check. If this is anything wrong in the background check he will not get the job.

A: What your husband’s situation sounds like to me is that he went in front of a District Justice and his attorney negotiated a deal where the case stays at the District Justice level and gets withdrawn or bargained down to a summary if your husband does what is asked. I have no idea whether he was charged with a misdemeanor, felony or summary from what you write. If charged with a misdemeanor or felony and processed when arrested, he has an arrest record for what he has been charged with. Therefore, it is on his criminal history. Once the case is dismissed, he can expunge his record. If he was only charged with a summary offense, there will still be a record of all the paperwork filed at the District Justice level. Anybody with access to the PA State Police record system will be able to find this information. My suggestion is to seek an expungement of all the records once his case is dismissed. You will need an attorney to do this for you.

 

Can I have a misdemeanor or felony expunged?

Q: I have a question about expungement in PA. I was reading a new bill that is going to be voted on in PA that will allow most misdemeanors and felonies to get expunged after five years. My question is what happens if you commit a crime and then commit another crime within the five year window. You then stay clean for 5 years can you have both offenses expunged. Also if you have committed more than one crime at the same time can you have crimes that can’t be expunged along with ones that can. Can you have the crimes that can be expunged removed leaving the ones that cannot for the same offense?

A: The bill that went before the state senate in 2011, proposed allowing misdemeanor 2 and 3 crimes as well as summary offenses, be expunged after 7 years of crime free behavior for the misdemeanors and felonies and 5 years for summaries. The only portion of the bill that passed was the provision applying to summary offenses. Currently expungement of summary convictions after five years of arrest free behavior is the current extent of expungement law. Recently, a bill made it through the PA Senate that will permit the expungement of misdemeanor 2’s. This Senate bill must be confirmed by the house then signed by the Governor. This has not happened yet. There is a lot of misinformation being published about this bill. I would wait until the bill becomes law then consult with an attorney.

 

Lawyer ignored us. Do we have a case?

Q: My fiancé took a plea 3-7 for theft and person to possess a firearm. We had been trying to contact his lawyer since October when he took the plea. The gun was mine and lawyer promised all kinds of stuff but hardly spent any time on our case or with us even missing court dates. When my fiancé took the plea he was told he had no other choice and that he had to say he spent enough time with lawyer and was satisfied or he would go to trial lose and get 20 years. Well, after taking the plea we tried to contact the attorney numerous times. His office phone disconnected and cell phone calls were ignored. He was supposed to be requesting my gun back as well as my fiancés personal possessions that were taken by police. The lawyer (which we had suspected) was just arrested for drug delivery and distribution. He has a case against him with the PA Disciplinary Board. What are our rights now?

A: If it is the intention of your boyfriend to withdraw his plea and get back in to court, there are two options for him. A direct appeal to the Superior Court within 30 days of sentencing or a Post Conviction Relief Act Petition (PCRA), which must be filed within one year. I would consult with an appellate criminal defense attorney as soon as you can. If any missed deadlines for appeals can be attributed to the lawyer’s problems, it may work to your boyfriend’s advantage in regard to appeals under a theory of ineffective assistance of counsel.

I have a shy bladder. Will they still make me do urine screens?

Q: I’m on probation in PA and have a shy bladder that doesn’t allow me to give urine around people. Is there anything I can do? As I said I have a condition where I simply cannot urinate in presence of people. I understand this is an excuse given by many people who simply do not want to give a “hot” urine. This however is not my case. Legally, can they violate me for my condition? I really need some help. (Venetia, PA)

A: The Probation Officer, and even likely the court, will not believe you. You will need your doctor to put this condition of yours in writing. If your doctor does this and his opinion sounds credible to the court, perhaps an alternative can be offered for you. However, I must caution you, that I have clients and am around people who are ordered to be tested in Family Court and Criminal Court. I have never seen anyone get out of testing with this argument. Again, I think you will need a letter from a physician.