Tag Archives: Criminal Law

How do I fill out Expungement form 790?

Q: I have an Expungement in Westmoreland County after completing ARD. I received the Petition for Expungement form 790 from the Westmoreland County Clerk of Courts, as they have been helpful in guiding me in filling it out. The one area of the forms says list the reasons for the expungement. What are they looking for? My personal reasons as to how it will improve my job search? My chances with the ladies? Ease of obtaining a job where background checks are performed? Should I just list them or shall I put it in letter form? (Plum Borough, PA)

A:  I feel bad that you are doing an expungement on your own. It is not cardiac surgery, but, at least in Allegheny County, the forms are burdensome. Anyway, I usually just put down something like because the petitioner was adjudicated not guilty, or the charges were withdrawn or dismissed. You are entitled to an expungement when your charges are dismissed or withdrawn or you are found not guilty and have no criminal history. You really don’t need to explain yourself.

Can they arrest my brother on my sister’s word only?

Q: My brother had a warrant for questioning but when he got there they arrested him without any charges and no priors. Basically, my brother got taken in for questioning because my sister said when she was 4 (he was 9) that she was assaulted (she told her psychiatrist. My sister in is 16 now and he is 22. She has a diagnosis of schizophrenia. However, she said she wasn’t really sure it was him. The shrink told CYF and then CYF told the DA. The sex crimes detective wasn’t hearing that she wasn’t sure who it was and put out a warrant for our brother arrest. He has no priors, clean record and he is a college kid. When he turned himself in they lied and arrested him when he got there. My sister also thinks that it was our uncle that assaulted her (he assaulted me as well when I was 4 but now I’m 32). So, why did they arrest our brother without evidence? Why did the shrink say it was him when, until now, we weren’t sure? Is this legal? (White Oak, PA)

A: Unfortunately, your brother’s arrest is probably legal which doesn’t mean he is guilty or will be convicted ultimately. The police can use trickery and deception to entice people to come into the police station and arrest them. Plus, a person can be arrested solely on the word of another person, if the police believe, or at least say they believe the person. You really shouldn’t be talking about this on the internet, and your brother most definitely needs a lawyer, now. He and his lawyer need to keep track of your sister’s inconsistent statements in the early stages here before the police can clean them up or discard the one that does not match whichever suspect they choose to target. In fact, your sister may want to at least talk to a lawyer given her inconsistent statements. Lastly, your uncle should seek counsel, needless to say. This sort of thing happens more frequently than you think. I think given the passage of time, your brother’s age at the time and your sister’s inconsistent memory, this matter is defensible. In my opinion it really should be resolved outside of court.

 

Will retail theft charges be consecutive or concurrent for sentencing?

Q: What happens when 2 counties (PA) simultaneously charge Felony 3 retail theft and receiving stolen property lumped together? Husband recently arrested in Beaver County and charged w/2 counts each of retail theft and receiving stolen prop, all Felony 3’s. Allegheny County is also about to charge him with 1 count each of the same charge. He was on state parole at the time and his violation is the new charges. They are felony 3 due to his extensive criminal record; mainly from 10 plus years ago. The parole was from bad checks from 5 years ago. I know an F3 can result in 7 yrs. Unsure if 4 counts F3 mean 28 yrs? Consecutive or concurrent? Confused by the law…

A:  Two counties can charge him as long as each set of charges are for different offenses, arising out of different circumstances. For example, county A can charge for Retail Theft of shoes from Macy’s within County A jurisdiction but County B cannot charge Retail Theft for the same shoes from the same Macys in County A. County B can charge, for example, Fleeing and Eluding if there is a police chase in County B after the Retail Theft which happens in County A. In regard to the new charges, yes, although I wouldn’t expect it with your husband, the court can sentence consecutive (stacking) and not concurrent (merged). However, these types of crime probably “merge” for sentencing purposes. I think his potential parole violation is your biggest concern. The judge can sentence him to the balance of his prior probation sentence. If he is under the jurisdiction of the PA Board of Probation and Parole, his sentence will be whatever the PBPP normally doles out for parole violators in his situation under their rigid guidelines. If he is under state parole, he should ask his parole officer what the violation “hit” will be. If he cannot afford counsel for the PBPP hearing, he can request a Public Defender.

 

Can I get arrested for not responding to a subpoena?

Q: Can I be arrested for not responding to a subpoena that I have not received? I have recently received a phone call about an assault case that I witnessed. I have not received the subpoena yet. The case is over 200 miles away and I can’t afford the drive. So I’m stuck in a bind. Can I be arrest for not calling the prosecuting attorney back?

A: No, you can’t be arrested for not calling the DA back. You can only be arrested by not coming to court when you have received a subpoena. Wait could till you get a subpoena then contact the DA. You might want to call the DA back now and tell her or him your situation. Perhaps if you are a valuable witness they can compensate you for travel. Perhaps the case may be postponed, you never know unless you call.

Can cops search my dorm room?

Q: Is there a case in this situation with underage drinking and possession? My friends received an underage and possession. A friend of mine had five of her friends having out in her dorm room (all girls). They were just watching television and drinking a little bit. A guy from the same hall walked in lit his bowl of weed and said he will go back to his room and get a fan. When he left the cops went to the girl’s dorm and knocked. A girl (non-resident) opened the door and the cop forced the door open all the way. He then asked if he is allowed to search the place but the resident said he needs to get a warrant. The cop then waited in the doorway for 4 hours, would not let any of the girls leave the dorm, and finally got the warrant. The girls told the police officer to leave but he said he won’t. The warrant was for marijuana and a alcohol.

A: I would suggest that everyone get a lawyer. No doubt the cops are angry at making them get a warrant but they should know about the warrant requirement. Possession of a controlled substance is a misdemeanor and the Possession, Consumption and Transportation of Alcohol is a summary offense. Both can result in a criminal record and each carries a driver’s license suspension. Each lawyer can advise each defendant on the law of possession. Each lawyer can examine the warrant and determine if it is legal. There may be a defense. If there is no defense, all is not lost. There are options for first time offenders, and the lawyer can advise you which ones are feasible under the circumstances.

 

Can we reduce the restitution order my son is to pay?

Q: My son was convicted of burglary with 2 others and their restitution is combined. Is there a way to get it separated? It is understandable that they should pay all restitution. I have no problem with that. With the combined restitution there is no incentive to pay more on the fine and get it paid off, if the other 2 just pay the minimum. Is there a way to modify this, so he can get his paid off, and if one of the others dies, he can then again be held liable along with the other remaining person. With this being as is, my son is not serving a 2 to 8 sentence he received. It is more or less a life sentence. Just seems to me the system is set up to make you fail, instead of doing your sentence and fulfill your obligations to society. Would be nice to get something like this amended so he can try to move forward. Any advice would be appreciated thank you.

A: Restitution, if not paid at sentencing and apportioned between the defendants, in most counties is ordered to be paid jointly and severally with other co-defendants to maximize the chance of it actually getting paid. Joint and several means they are all responsible to pay the full amount to the extent it remains unpaid by the other participants. The victim is likely out property or had to pay to have his or her building or structure repaired. The victim also may have loss more than just property, like his or her sense of security and safety. Thus, judges are unlikely to divide up restitution between the participants because the victim might not get paid in that situation. Too much time has passed to have an attorney file a written motion to modify sentence. The only way in my opinion that a restitution order could be changed would be by agreement of the victim and the DA. I don’t know the facts here, anything is possible. This would generally be difficult to accomplish. So, for now, your son should do his best to pay the restitution to help make the victim whole and avoid a parole violation.

 

Can Disorderly Conduct charges be mailed?

 

Q: Can a Pennsylvania police officer send out a disorderly conduct citation without giving you something at the time of the incident? The police were called for “shots fired” while we were out shooting guns. They couldn’t get us for anything like drugs or beer so they said we’d get disorderly conduct charges in the mail. We never received anything that day. Can they send the charges to us?

A: Yes, citations and summons for court hearings can be mailed. I would make sure to check your mail. If you are charged with a summary offense, you will receive a Notice of Summary Trial. If you are charged with a misdemeanor or felony, you will receive a Notice of Preliminary Hearing, Notice of Preliminary Arraignment and Notice of Fingerprinting. I would take the paperwork to an attorney once you receive them. The way you describe this, it might even be a stretch to convict you of a municipal ordinance for discharging guns unless you admitted to it.

Will I go to jail for being arrested on bond?

Q: Will I get arrested when I report to pre trial services because I got a possession charge due to a heroin overdose? I was released with condition of reporting to pre trial services from Allegheny county jail on a conspiracy charge. I am not on probation. What if I sign into rehab for help instead of reporting to pre trial services but call & let them know where I am?

A:  You need to take care of yourself as a priority. If you truly feel you are at risk if not entering a rehabilitation facility, enter the facility. It is best to be honest with pretrial services whether you enter a facility or not. Pretrial services may only recommend a more stringent bond condition such as screening and intense drug and alcohol counseling. On the other hand they could revoke your bond and take you before a judge. You may do better with a lawyer who you can explain all of the facts. I really cannot give any certain answer without knowing more.

Can I be charged for having an empty weed bag with residue?

Q: What can I be charged with for having an empty weed bag with just weed residue in it? I am 16 years old and live in PA. The cop cuffed me immediately upon discovering the bag, and I was taken to the police station and was told I could be charged with possession of paraphernalia. The cop also took my phone and said he was going to send it to a lab to be searched. I signed a paper giving my permission to do so because he made it out to be that that would be the only way I would get my phone back. Is it legal for him to take my phone and when will it be returned? Also, there are pictures of weed on my phone and messages related to purchasing weed, is that grounds for more charges?

A: The police can charge you for possession of a controlled substance, a Misdemeanor, for the residue in the bag and for possession of paraphernalia, just for the bag. The officer taking your cell phone was probably just a way to get you to agree to a search. He probably wouldn’t expend lab fees on a case involving marijuana residue. A lawyer should review the case. You may or may not have a defense but an experienced lawyer may get you out of this with no record.

What sentence will I get for Prostitution charges?

Q: I’m going to court in a month for a prostitution charge, first offense misdemeanor 3.Chances of jail? I got in trouble 8 years ago, completely unrelated to prostitution. My only record , plead down to criminal mischief . I recently got busted for my first offense prostitution charge . I had put up an ad on an escort website . I never mentioned ANY acts in any ad, or email . I was detained and searched (nobody told me why I was being searched or what for) without being read Miranda rights. I never agreed to specific acts, I told the undercover the money was for my TIME and I never touched the money. And, nothing was found in my home; no drugs, no adult products, nothing. What are the chances of jail time and pleading down to a disorderly for my record because i cannot have the P word on my record?

A:You need to hire a lawyer to discuss all of the details-your version and what the police report says. In our county, prostitution charges generally lead to probation, unless there is a significant criminal history, which you say you don’t have. If you were my client I would first look how strong your defense is in order to gauge the chances of obtaining a not-guilty verdict and just as importantly to be used as a bargaining tool with the DA to push them ot withdraw or reduce the charges. If it was not possible to win the case, I would try to have the charges withdrawn in exchange for your completing counseling. My next plan would be to have the case worked out to a summary level offense such as a Disorderly Conduct, which you can expunge five years from now if you are not arrested again. By the way, Miranda warnings do not have to be read unless you are interrogated.