Tag Archives: Criminal Law

IS IT LEGAL IN PA TO SEARCH A ROOM WITHOUT A SEARCH WARRANT?

Q: Is it legal in PA to search a room without a search warrant? I was at home and a relative called the cops, let them in, and they searched my room. Once with my girlfriend present then again when we were both out of the room. I was told they can only search my room if they had a warrant, or if it was in plain sight, which it was not. I also did not give consent. (Oakland, PA)

A: The legal presumption in PA is that all searches of homes and cars must be done with a search warrant. Even if the home was someone else’s and you are renting or staying there, you still may have a right of privacy in that living space and thus have legal standing to challenge the search. Whether you would win on a suppression motion depends on many factors and is very fact specific. What do the police say in their report? Can the police rely on any exemption to the warrant requirement? Did you consent to the search? Did the police have an exigent circumstances to assert the would legally circumvent the warrant requirement. There are many more questions. You need to review all of the evidence with a criminal defense attorney who is versed in constitutional challenges of illegal search and seizures.

Can a minor be charged with perjury?

Q: Can a minor be charged with perjury in Pennsylvania? Judge reports at least 2 statements made by her, which are false and can be easily disproven. Such statements were given considerable weight in a trial. She’s almost 17, can she be prosecuted? (Baldwin, PA)

A: Not sure if you are saying the judge found her statements to be false, or, she made two statements to the judge, which you know and think you can prove to be false. If you can prove that they are false, it may be possible for her to be charged for false statements in Juvenile Court with the filing of a Delinquency Petition by the police or Juvenile Probation. You can review it with Police or DA to see if they are interested. Normally, they do not go after minors with these types of cases, but I cannot say for sure if that will be the result for you.

 

DO I NEED A LAWYER?-FRIEND ADMITS POT WAS HIS

Q: Do I need a lawyer if I was caught after smoking marijuana and the marijuana that was subsequently found clearly wasn’t mine? Due to a faulty latch on our front door, a cop gained entrance to the office I work at where my coworker and I had just smoked marijuana. We were cooperative, which the cop appreciated, and, when he went through our stuff, he found a relatively small amount of marijuana in my co-workers bag. Weighs less than 30 grams. My coworker admitted it was his. He decided not to do anything that night but asked us to come talk to him at the police station next week. Can I get in trouble for being high and being with someone in possession of marijuana? Do I need a lawyer? (Pittsburgh, PA)

A: Being around marijuana in and of itself is not a crime. Possession of marijuana is a crime. If your friend admitted to possession, you really should not be charged with anything. I think it would be a stretch, but the cop may charge you with some sort of conspiracy to possess or conspiracy to commit a prohibited act. I doubt it, but it is possible. He probably wants you guys to work with him and lead him to the seller in exchange for the charges being withdrawn. If you go and talk to him, you may say something that hurts you, even though there is practically no real case against you. I would nonetheless hire a lawyer who can speak on your behalf. In addition, if your friend gets charged, he should have a lawyer look closely at the probable cause to search here.

CAN JUDGE CHANGE SENTENCE AFTER SENTENCE IS IMPOSSED?

Q: Can a judge change a sentence after imposed? Hello I was just wondering if a judge sentenced someone to a max date on a parole violation and stated defendant should be incarcerated until that max date is it possible to go and change that to a later date while the defendant is still in prison. (Pittsburgh, PA)

A: In common terms, it is called double jeopardy if a judge, all by himself, without having a hearing with due notice to all parties, resentences someone after they have been initially sentenced. You need to talk to a local criminal defense lawyer as there is much case law on what constitutes the correction of an errant sentence as opposed to what constitutes a change of a sentence which crosses the line to double jeopardy.

CAN I EXPUNGE A SIMPLE ASSAULT ON MY RECORD?

Q: Having trouble getting and job with a simple assault on my record, how do I get it off? I have a simple assault background and really need a job, this happened in the year 2009! Baldwin Borough, PA.

A: You should have an attorney get your criminal history from the PA state police to confirm you were convicted. If you were not convicted, for example if you were found not guilty or the charges were dropped, you can file to expunge, or destroy, all the related records that can still show up on a criminal history search. If you were convicted, you cannot expunge a misdemeanor.

My 11 year older threatened to kill a teacher, do we need a lawyer?

Q: My 11 year old at Woodland Hills was accused of threatening to kill a teacher by two other students. Does he need a lawyer? My son has Toilette syndrome and impulsive disorder and has an IEP at school for emotional support. Two other students are accusing him of threatening to kill a teacher. He never threatened to kill anybody and now the cops are involved and this is causing more emotional damage to my son. What should I do?

A: I am not sure if you mean “Toilette” syndrome or are the victim of spell check but the situation sounds serious. I think a lawyer who specializes in educational law, may be helpful. The threat was not directly made to the teacher but the school maybe taking this seriously, especially if the police are involved. This could be handled with something simple like a conference, or at the other extreme, it could even end up in juvenile court on a delinquency petition and with a suspension. You should be proactive and discuss this with the school to determine how they are going to handle this. Again, an attorney who specializes in educational law may be a benefit to understanding the rights of your child and you as parent have in this situation. There is an organization called Kid’s Voice in Pittsburgh who represent children who are alleged to be dependent, but they may be able to offer some advice.

 

UNDERAGE DRINKING-CAN I GET ADJUDICATIVE ALTERNATIVE?

Q: What are my odds of getting adjudication alternatives as oppose to underage drinking charge? I have a lawyer. First off, I’m 19 years old. A few months back my friends and I had a party at my apartment. My boyfriend who is of age bought us alcohol and our party turned wild and one girl was sent to the hospital with suspected alcohol poisoning . The police came and searched my apartment and my boyfriend’s car without our consent, is that legal? Nothing was found when search , no Breathalyzers given to the rest of but the girl that was underage and went to the hospital had a BAC of 0.18. Long story short now there is an arrest warrant out for me and I had no prior notification from the police but this. My parents hired an attorney. This is a first time offense. I’m a college student and going places in life and I don’t want this one mistake on my record. With an attorney what charges facing? My hearing is

A: Usually, minors are cited with the summary offense of Purchase, Consumption, Possession or Transportation of Alcohol and they are cited with a citation or arrested by mail, or summons. Arrest warrants are generally not issued. If you have a “warrant” for your arrest, it sounds as if you may have been charged with a misdemeanor furnishing alcohol to minors under § 6310.1,   “Selling or furnishing liquor or malt or brewed beverages to minors”. I am not sure how this can be if you are a minor as well. In either case, if charged with a summary or misdemeanor, you cannot have a conviction as it will impact your life. In addition, there are driver’s license suspensions that can be imposed by PennDOT once you are convicted. Generally, there will be an alternative program for you as a first offender which will let you avoid a conviction. Only an experienced criminal defense attorney can advise you on how to obtain these types of results. Do not do it without counsel. The various searches you describe may or may not be legal and you should have your attorney look at the facts closely as well.

CAN I GET CRIMINAL CHARGES ON MY EX FOR HACKING INTO FACEBOOK?

Q: My ex boyfriend hacked into my Facebook account. I discovered the IP address from where the device was located in my email.

A: You can ask the police or DA if they will file criminal charges for harassment. Harassment charges are more likely to be filed if the contact is continuing. The police are not likely to file charges with this one instance, but you may at least want to file a police report.

 

CAN THEY CHARGE ME FOR THEFT OVER A YEAR AGO?

Q: Can I be charged for something I did not do and have idea who did? A cop came to my house a couple days ago and said he was investigating an incident that happened over a year ago at a department store where sleeping bags and air mattresses were taken. He advised an employee saw someone stuffing items in a car and said it was my license plate. I have never stolen anything and he said they will check video footage to see if it was me. I said if they had video wouldn’t he have looked at it first before accusing me? And, I don’t understand why it’s been over a year and now they are questioning me about an incident that I had nothing to do with. Will I have to go to court for this. It bothers me because if it was something so serious wouldn’t they have approached me when it first happened?

A: Yes, people do get charged for crimes they didn’t commit. It does happen. If you are truly innocent, the police officer may have been given bad information and is just fishing for evidence by talking to you and others. Do not make any statements to the police or anyone else, or let them search your car or home. If they continue to contact you, hire a lawyer.

Parole detainer. How long can they keep her?

Q: My wife is in jail for parole detainer. She’s been in jail since February. How long can they keep her? What can I do to get her out?

A:  A lot of men in your situation would want to keep the wife in jail as long as possible so I commend you on your concern. I am assuming this is a county sentence or a state sentence for which the county trial judge still has jurisdiction. Her first chance of being released is at the 1st violation hearing. Her next chance is at the 2nd violation hearing. If she is found to be in violation of probation at the second hearing, the judge can sentence her to a jail sentence of the balance of her parole . This is a general answer. You need an attorney to look at the case details to really give an opinion. If you feel there are good reasons to have the detainer lifted so she can be released to your home, or released on electronic monitoring prior to the first or last hearing, you need to hire a lawyer to file a motion to lift detainer or motion to transfer to house arrest. An attorney can review the specific situation and tell you if it is worth filing a motion.