Tag Archives: Criminal Law

Can I suppress a statement in juvenile court?

Q: Can I suppress a statement in juvenile court? When I first got arrested I was being tried as an adult and my miranda rights were violated when they questioned me and I incriminated myself.They ended up sending me to juvenile court because of a plea but looking at the evidence, I see I can beat this case because the only evidence against me is the statement.

A: The same constitutional rights that apply in adult court apply in juvenile court. Review the case with an attorney. If he or she feels it is advisable, he or she will file a suppression motion and challenge the legality of the statement you allegedly gave. If the statement is in fact the only evidence against you, you may have a Habeas Corpus defense or a cognizable suppression issue. Either, could conceivably lead to the case being dismissed or withdrawn.

I know I was a stupid jagoff!

 

Q: What are the laws on harassment without intent?   Would it be possible to come out with no jail time and a fine?  I was recently issued a summons for harassment without intent. It was only texting. All I was trying to do was work things out with her. I did not threaten or call this person out of her name at all. Yet, the messages I received from her were slanderous. So I need to know what the laws on harassment without intent are. What are the punishments? So far I’ve had 2 PFA`s put on me in the span of 6 years from the same person both of which were dropped and vacated. So I don`t believe I have a prior record.  I`m hoping to get at least get a fine and counseling to avoid any possible jail time. We both repeatedly told each other to stop texting. But, we are both bullheaded and I believe we both were wrong. (West Mifflin, PA)

A: I never heard of harassment “without intent”. Intent is a key element of most crimes. Harassment can be charged as a misdemeanor or summary. If you are charged with a summary harassment, you will have a better chance of paying a fine and being ordered to complete counseling. You should consult with a lawyer immediately and have representation at the hearing. Protection from Abuse actions, even if an order was issued against you, do not count toward a prior record.

Wife had son pose for nude photos

Q: My ex wife had my son pose for nude pictures. I new nothing about it until I was cleaning her things out and found them. He was 3. She wrote on the backs of the pictures saying she had him pose for them and dated and signed them.

A: The issue is whether they were done for sexual gratification, for example if they were posted on some child porn site or distributed. Nude photos of one’s own toddler may not rise to criminal charges. Before you launch accusations I would investigate further and try to ascertain what her purpose was.  If you want, talk to your local police or county District Attorney. They probably have a child sex crimes unit, or at least one person who handles child cases. They can give you an opinion as to whether or not this appears to be child sexual exploitation. Before you talk to the police or DA, I would suggest you talk this over with a female friend, perhaps on that has children, just for another take.

Will I go straight to jail for a suspended license offense?

Q: When I go in for the execution of my jail sentence will I go in front of a judge or straight to jail? I was charged with driving under a suspended license. It is my first time offense. I was sentenced to 60 days in jail. Can I get community service or something else to avoid going to jail? (Bethel Park, PA)

A: If you were convicted by a District Justice, which I think is what you are saying, you have 30 days to report back to turn yourself in for sentencing. A 1543 (b) which is a DUI related driving under suspension, carries 60 days in jail, a $500 fine and a one year license suspension. A 1543 (a) offense is a non-DUI related suspension, carries a $200 fine, a 1 year license suspension and no jail time. I was assuming you were convicted of $1543 (b), the more severe punishment of the two. In Allegheny County, the District Justice does not have jurisdiction to sentence you to house arrest. In order to get house arrest, you have to appeal the conviction within 30 days. When you file the appeal, you will be given a court date before a judge in the Court of Common Pleas who does have jurisdiction to sentence you to house arrest. To file the appeal go to the courthouse and fill out the form at the Clerk of Courts and pay the filing fee. I advise hiring an attorney if you can. An attorney can also handle this for you to make sure it is done correctly and may possibly have the 1543 (b) negotiated down to another lesser traffic offense, if the police officer is willing, or if there is a defense.

Can new evidence get me a new trial?

Q: If you just now realize that your phone has information in it to prove you didn’t do the crime can you use that as new evidence? I was on the phone during the same time the victim claims to have been attacked. I forgot to bring it up so it wasn’t used for trial. Can it be used now for new evidence to get a new trial? (Pittsburgh, PA)

A: Newly discovered exculpatory evidence is admissible and may be used to get a new trial. However, it may not be “new” evidence if you had access to it and knew about it at the time. Your best bet would be to contact a local criminal defense attorney to discuss all of the facts.

 

Former employer had police take my I Pad

Q: Former Employer has taken my I Pad which I bought from them on 9/11/2013 and I have the Bill of Sale signed and dated. What do I need to do? I quit working for them Nov. 2013. It was a week later that Police came to my house saying that I stole the I Pad and they wanted in back. I showed the police the Bill of Sale and they said to hold on to it. I held on to it and now police are asking for me to give them my pass code for my I Pad. They said that my Former Employers is trying to have charges brought on me for stealing. I feel like that they are trying to get back at me from reporting them to CPS for child safety reason because their child was my former client and the child highly unstable and broke my leg due to his outburst when I was working for them.

A: I would need to review all of the facts but it sounds like the police may have illegally taken your I Pad and are now trying to illegally search it. Do not give them the code. Do not talk to the police. Contact a lawyer immediately. He or she can file a motion with the court to return property right away and get your I Pad back. It will put pressure on your company and police to either file charges or return your I-Pad. If the police want to search the computer, they likely need a search warrant. They need to make up their mind and let you get on with your life.

Will the DA know of my prior DUI?

Q: Preliminary hearing papers state I am charged with a first offense DUI. Will they know about my past DUI at the hearing? I had a DUI 7 years ago in another state. The court papers state that I am being charged for a first offense DUI. Is this what they normally put on the paper work regardless of the offense count? How likely is it that my past DUI will be discovered by the DA?

(McMurray, PA)

A:  Normally, the DA in your county will find it. However, although it is rare, I have had it happen where the DA was not aware of a prior. You have no obligation to inform the DA of your prior unless they would file for discovery and thereby formerly ask you, which is unlikely. Assuming they find it, you have not made 10 years since the prior conviction and therefore your new DUI will be considered a second DUI.

 

Is this considered stalking?

Q: I worked at a company last year and had a brief flirting exchange (flirting only – we did not have sex) with one of the company’s salesmen. He resided in California but came to our headquarters in the mid-west only every couple of months. He told me he was divorced. I came to find out that he was not divorced and that his wife had seen some of our flirting texts on his phone. I then called it off. Over the last nine months, his wife has called my friends, family, and co-workers (sometimes in the middle of the night) telling them that I am a whore and home wrecker. I left the company and am now unemployed, but will be starting a new job soon. My fear is that once she finds out about my new job at a new company, she will begin harassing my new employer in an attempt to get me fired. She is very careful, however, to only use restricted phone numbers or throw away cell phone numbers when making these calls. Is what she is doing illegal? What can I do to protect myself here?

A: Her conduct may be harassment or stalking and subject her to criminal prosecution. You could consult with the local police or the DA. Keep all of the calls and records from the past as well as a journal of all of her unsolicited contact. The DA or police may advise you on how to activate a service with your phone company to trace calls. If that is not possible, the DA, or even your own attorney, through subpoena or court order, can obtain the phone records. Having the phone records will likely be essential to your case if charges are filed as most of the communications seems to be via telecommunications. The last time I was involved with this issue, I was defending someone in criminal court. The alleged victim’s phone calls to my client were essential to our defense. The cell phone company would not honor a subpoena from PA and I had to obtain a court order from the judge. The records were produced by the cell phone company.

How much is the fine for a Retail Theft for a minor?

Q:Roughly how much would a retail theft fine for a minor be? Also, will it be on your permanent record?I got caught stealing 20 $ headphones from Wal-Mart and the state trooper said I would be charged with retail theft. I am 16 and this is a first offense.

A: Make sure your parents get you a lawyer. As a first timer, you may be able to enter a program to avoid a conviction and juvenile criminal record. Your case may be taken into Juvenile Court at the Common Pleas Level, or may be filed at the District Justice level, which is more likely. A first time Retail Theft charge is a summary offense if the merchandise is valued under $150.00. So if you were found guilty of this, or pleaded guilty to it, you would pay $150.00 plus court costs which could be another estimated $115.00 for a total of $265.00.

 

 

Juvenile charges for drugs. What will happen to me?

Q: Juvenile possession charges, what will happen next? I was recently caught with a small amount of marijuana (about 4 grams), some rolling papers, and my mom’s prescription pill bottle which I carried the marijuana in. It is my first offense and i am under the age of 18, i was wondering what possible consequences i am facing.

A: Several possibilities. The Probation Officer may handle it informally, with no petition being filed in juvenile court. This usually involves some informal monitoring, drug counseling and possibly community service. The next step would be for him or her to file a petition for delinquency in juvenile court. If you manage to stay out of more trouble, you may be offered a consent decree, which will have similar requirements as the informal adjustment and result in no conviction if you complete the program successfully. If a consent decree is not offered, you may receive normal probation and then you could expunge your record down the road. Review the case with an attorney to see if you have a defense, especially if the first two options are not offered.