Tag Archives: Criminal Law

Any way to get restitution lowered?

Q: My case is about 15 years old and I got charged with a misdemeanor of carrying a gun on a public street and welfare fraud I am trying to get this pardoned now and I can’t afford the restitution as my income is too low is there any way to get it lowered or dismissed?

A: You are way out of the time limitations on filing a motion to modify your sentence, or appeal the legality of the restitution order. You can still hire a lawyer to file a motion based on some sort of hardship-even though you are way beyond the time limits to do so. The DA has a duty to inform the victim. If the victim and the DA consent to your request, the judge would be more likely to grant your request. If they don’t, the judge will be less likely to do so, but still might. Be aware, you could easily be denied on the time limit issue. You will obviously have to establish a compelling reason for this to be considered. You need to go over all of the facts with an attorney to see if it is worth it.

 

Is this a second DUI?

Q: I was charged with my second DUI about a month ago. My first DUI was 9 years ago and I did ARD. Is it worth fighting the case? I was pulled over due to non working tail light. The police report did not state any other reason. (Jefferson Hills, PA)

A: Unless it is 10 years you probably cannot be admitted into the Accelerated Rehabilitative Disposition (ARD) program. You need to have the court records reviewed to determine if ARD is an option. A non working tail light can constitute a reasonable suspicion for police to stop your car and initiate contact. No attorney can advise you as to whether or not you should fight this unless he or she reviews the complaint and Affidavit of Probable Cause and reviews all the facts with you. It may be worth the consultation fee. If you have no defense and are not ARD eligible, you may be able to obtain a Phoenix Program deal to minimize your time and costs in court.

Will I have to register when under Megans law as a juvenile offender?

Q: I’m about to move to Pennsylvania to go to college and I’m a sexual offender that was adjudicated and not convicted. I was 17 dating a 13 year old and the courts charged me with rape because of age difference. I went to juvenile prison for 9 months what I’m wondering is Megan’s law states juvenile offenders registering is unconstitutional and I contacted them and they said they almost positive I won’t have to register anymore. (Leesburg, VA)

A: On December 29, 2014, In re: J.B., No.87 MAP 2014, the Pennsylvania Supreme Court struck down SORNA’s Juvenile Offender registration requirements as unconstitutional. Juveniles are no longer required to register in Pennsylvania, except if they are classified by the Court as a Sexually Violent Delinquent Child. This decision also includes Juveniles who are to register in another jurisdiction or foreign country.

Will I get arrested for DUI?

 

Q: If I didn’t get cited or tested for being drunk, will I still get a DUI in the mail? See details below. I drove home (stupidly) from the bar the other night. After a mile, I realized I needed to pull over. Between being tired and having a few, I really just wanted to close my eyes for a minute in a parking lot. Next thing I know security is there and calls the state cops on me. The cops came and they never got out of their car. They asked me to get out and talk to them. I remember the cop taking my information, but I never signed anything, received a paper or even got tested in any way. No breathalyzer, no sobriety test. I did admit to having been drinking because I knew he could smell it on me. I told him where I had been. He asked if I did drugs. I said never in my life, which is true. Those are basically some of the only questions he asked me. He let me call my husband to pick me up. (North Huntington, PA)

A: Not knowing exactly what the police will say that they observed as to your condition, and going on your recollection, which is a bit vague, I certainly cannot promise you will be not be arrested. The fact that the police didn’t get out of the car to give you field sobriety tests, nor take you in for testing, leads me, if I had to guess, that you will not be charged with DUI. All you can do at this point is check your mail as if you are arrested, it will likely be by summons (in the mail). Whatever you do, do not voluntarily go to the police as some people do and make a statement.

Going to court for a second DUI but received a 3rd DUI.

Q: I am to go before a judge on my second DUI. However, I was arrested on new DUI, now my third, a few weeks ago. It’s not showing on the public docket. Will the judge know? I never called his public defender, will she know before the Sept. 3rd court date. It is stated no more continuances on the second. And now I have a third. Will I go straight to jail that day? And, the judge ordered me to take a CRN Evaluation and I haven’t done that yet.

A: If I understand you, you are asking whether a new DUI, for which you have been arrested, but not convicted of, yet, will be known by the judge you are to appear before, on a 2nd DUI? If that is what you are asking, this is what I can offer. This 3rd DUI for which you have not been convicted, will not factor into the sentencing guidelines, so, you can only be sentenced subject to the penalties of a 2nd DUI. Will the judge know about this 3rd pending DUI? Will it affect how the judge will sentence you? I do believe at sentencing the DA can bring it up if he or she wishes. The judge can give whatever consideration he or she wishes to and factor it into the sentence, however, the judge still must sentence within the guidelines of a 2nd DUI. Perhaps the judge will view you as someone who is out of control and sentence toward the maximum of the sentencing guidelines. I can only guess. The other way the judge may know about your new case is by looking it up on the UJS website on his computer as you stand before him. One would not like to think that judges do this, but they do it. I think you should talk to your Public Defender. My concern is that the judge may turn sour when he or she learns you didn’t do your court ordered CRN evaluation, and now you “catch” (as some of my client’s say) a new DUI. It probably will not happen, but the judge may revoke your bond and put you in jail. Again, call your lawyer and be prepared.

 

Can police search my place like this?

Q: Police found three roaches, a clip and a pack of papers. Did they have a legal search? They were looking for someone and I thought I had to let them in. So, I let them come in, There was like five of them pounding on my door. They found the roaches in my ashtray, next to my bed. They charged me with possession of small amount and drug paraphernalia. I have a district justice hearing in two weeks and I am freaking out That was in July of 2014 and I just now got the charges.

A: Yes, they can take that long to charge you. If you let them in and the contraband was observed in plain view, you have a problem. However, I would review the entire case with a local criminal attorney who is adept in search and seizure law for a thorough opinion. Also, if you are a first offender, you can get out of this with no record. An attorney can advise you on this.

Can I erase my criminal record?

Q: Is there any way to erase my criminal record or keep it as lowest profile. It could be for a better future? I had made some bad judgments and wanted a better life for my family. Is there anyone that can help? There are 2 convictions that are ruining my life right now and I’m trying my best to move on with my life but it feels like everywhere I go is blocking my path. If there is anyone who can help please feel free to contact me. Thank you.

A: You can only “erase” prior criminal arrest records for felonies and misdemeanors which you were not found guilty of or pleaded guilty to. You can expunge summary convictions after five years of arrest free behavior has passed. You should obtain your criminal history to determine what it consists of. There may be crimes which you were arrested for but not found guilty of or pleaded guilty to. The arrest record related to those charges may be expunged. Plus, you may have summary convictions and if five years has elapsed, you can expunge them. A good starting point is your criminal history from the PA State Police. If you have trouble obtaining it or understanding it, contact an attorney.

How should my sons’ appointed lawyer be dealing with the prosecutor?

Q: How influential is your lawyer supposed to be in negotiating with the Prosecutor. 19 yr old son getting charged with a four felony 1 burglaries, which were dropped to two felony 2 burglary charges. How do we know if our appointed lawyer is really doing the best? Are they the ones that are supposed to be negotiating with the prosecutor or do they have no say in it as our son tells us?

A: Any lawyer, PD, or court appointed attorney, has equal standing in court. Each has the role of being able to negotiate freely with the DA for plea agreements. You need to talk to the lawyer. Open communication has to occur. I can’t advise you because I don’t know all the facts. Maybe the attorney is telling you that the deal he is getting is the best he can do. If you are not content with the deal he has struck with the DA, you have some limited, one of which is to fire him and hire a private counsel. I suggest that you talk to your son’s lawyer.

Should I talk to the police. They said if I do they will close the case

Q: I was accused of a crime. The police said they need my written statement to close the case but don’t want to arrest me. Your advice please? They want statements from my wife and friend and said if we don’t give our statements he will just arrest me and charge me. He said the victim’s statement is enough to charge and convict me but he just wants to close the case so it never happens again. He also lied and said he already had a statement from my friend when he didn’t

A: If you get the cops to agree to this, that agreement is not enforceable. In criminal law, only agreements between the DA and the defendant’s lawyer are enforceable. Therefore there is no duty he has to close the case. Most people convict themselves by speaking with the police and making an incriminating admission. You have not duty to speak with the police and they know that. You have the 5th Amendment constitutional right to remain silent and they know that. Let them charge you if that is what they want. I would hire a lawyer now if you can and he or she can talk to the police for you.

3rd DUI, what is my sentence?

Q: My question is a generalization of what sentencing I may possibly be looking at. I appreciate your time and advice, in advance. When I was 18 in 2006 I received my first DUI in PA. I did what was asked & got off probation 2 months early. October 2014 I drove 45 minutes to spend the night with my nephew because I told him I would & wanted to keep my word. I received a 2nd DUI. It was recorded as the highest blood alcohol rate as I refused the breathalyzer. I moved to the county where this occurred so I could easily get to the RIP program they recommended & D&A treatment. The day before sentencing, my friend was helping me move. We had dinner about 4pm and each had 2 drinks. On our way back from my apt I got pulled over around 11 pm. My friend threw out a cig butt & the officer said I crossed lanes. I failed the FST & refused a breath test. I tried calling my lawyer for a continuance all night and no answer and in the am he just screamed & hung up. I have warrant(s), no lawyer or $. (Monaca, PA)

A:  Am I hearing a 3rd DUI here within ten years? If my understanding is correct, you may be looking at 1-5 years in the state correctional system and a $2,500.00 minimum fine, in addition to all the normal DUI requirements, such as classes, CRN evaluation, probation, ignition interlock, driver’s license suspension, etc. My recommendation would be to get yourself into counseling or rehabilitation for your own good and consult with a lawyer about your chances with DUI court in Allegheny County. If you enter DUI court, you will need to be serious about your drinking problem. If you are not serious, you will end up in a state correctional facility which is another way of sobering up. As far as having a lawyer, you should call the Beaver County Public Defender to see if you qualify)