Tag Archives: Criminal Law

Can we sue my boyfriend for not paying my mother?

Q: Theft by deception in Pennsylvania? My mother purchased a vehicle for the man I’ve been with since 2009, the same year of purchase. He is under verbal agreement to pay her over $20, 000 for it and hasn’t paid a dime yet. During this time I asked about the money then he physically mentally and emotionally verbally abused me when I mention the money owed. I need to know what to do to get her paid. He makes plenty if money to have paid her. She was very ill a few years ago he was waiting for her not to survive so he could get out of paying but she did. I’m not getting any answers from anyone else. Can you help?

A: Theft by Deception is a crime. I think you will have difficulty having the police or District Attorney file criminal charges with these facts. You may be able to sue him civilly, even though this is a verbal promise to pay and not a written contract. You need to decide whether you want him out of your life as this will make the lawsuit easier to carry out. For a civil suit, you could have a one or a four year statute of limitations, depending on the facts, but most likely a four year statute of limitation. So, time is of the essence if it is not too late for a suit at this point. I advise you to speak with a lawyer. Although it is a verbal contract, recovery of $20,000.00 should be pursued.

Woman attacks women with knife in defending her home

Q: 5 women attack 1 woman at her home. She cuts one through fence with knife trying to scare them off. After a afternoon argument between husband and wife, 10:30 pm mother- in- law, sister- in- law , 3 other women go to daughter- in- laws house and try to kick in front door while she is sleeping with two children. She runs to back fence (side street) where they were trying to get in the yard. She pick up a small knife and waves the knife sideways to scare them while trying to hold the fence closed with her other arm. She cuts one of the women who goes to the hospital. She is charged with aggravated assault (Pennsylvania has no self defense ). Please could you tell me her outcome her trial is for one day coming soon.

A: PA does have self defense as a defense to the crimes of assault and homicide. It is a complete defense and can be raised at trial. If the jury believes that the defendant was justified in using force or deadly force in self defense to protect him or herself, he or she can be acquitted. It is not a defense to the police filing charges. Whether that works in this case depends on what the witnesses will say, what the physical evidence shows and how credible the defendant’s story is. All of these sources of evidence need to be reviewed by the defendant’s attorney with her, before any prediction about the case can be given. If she is defending her home as you say, that may work as a defense or work to get the DA to make a better offer. The facts as you present them, sound like self defense. If true and these facts are conveyed to the jury or judge, it may help things go in her favor. It reminds me of cases I handled on a weekly basis as a Public Defender and I always had favorable results with them.

 

WHAT IS MY PUNISHMENT WITH ARD?

Q: What’s my punishment? I got mixed in with the wrong people and made a dumb move! I stole my grandmothers credit card and used it for $450. I live in Pennsylvania. Charges are in Allegheny County. I’m under ARD consideration. This is my first offense ever. On my court papers its charged as class C misdemeanor.

A: I don’t know what a class C misdemeanor is. If you are guilty or have no defense, Accelerated Rehabilitative Disposition would be a good option for you. With ARD, if you receive it, you will get probation, have to pay costs and fines and may have other conditions, like restitution to the victim and community service. The greatest feature of ARD is that once you complete the program, the DA of Allegheny County will expunge your record. Normally, a defendant has to pay an attorney to do this.

Can I get a media expungement?

Q: I’ve been told that media expungements were different from others. Can someone please tell me how because my attorney said the military will see it?

A: I have never heard of a media expungement and do not know what that is. With how huge the internet is, I don’t know how it would work. I think if a media story is untrue, you could force a retraction printed. You would need an attorney to contact the source of the incorrect information. An expungement is a legal process, whereby you petition the court to destroy your arrest record. To be eligible to do this, you need to have been arrested but not convicted of a crime. If you were convicted of a summary offense and five years of arrest free behavior has passed since the conviction, you can file a petition to expunge and the court will issue an order for all records relating to the arrest to be destroyed-shredded or deleted.

Retail theft at Giant Eagle. Will I go to jail?

 

Q: I have been charged with retail theft, a misdemeanor. This was at a Giant Eagle the amount was around 150 in merchandise. The merchandise was in the cart I did not leave the store. I went to the front to get other merchandise. I was stopped. Nothing was concealed. The store is not seeking restitution as there was no merchandise taken. This is now in a court hearing in a few weeks this is a huge misunderstanding. What do I do how much jail time can I get? Is there any way out of this without a record? I am to start law school next fall. If I am convicted that is over. This is crazy.

 

A: You really, really, should hire a lawyer and go over all of the facts with him or her, and learn what your options are. You don’t always have to leave the store for a prima facie case of Retail Theft to be met. The statute speaks of “concealment”. I have had many clients who have not left the store but have concealed something on their person or in their cart, while in the store, and are charged. I don’t know what happened here but you may have a defense. If you assert you are innocent, your attorney can look at the video if there is any. He or she can advise you if you have a defense worth pursuing. If you don’t have a defense, and you have no criminal record, an attorney will know how to get you out of this with no record which will benefit your career endeavors immensely.

JUST SITTING IN MY CAR ON SIDE OF ROAD, COPS FIND HEROIN IN MY TRUNK

Q: I was pulled over on the side of the road (there were no signs or anything saying that you could not be parked in this area) and police pulled up behind me and began questioning me. I didn’t think I was doing anything wrong. They found 3 bags heroin inside my tackle box in the trunk and some powder cocaine in an aspirin bottle in my fishing boot also in the trunk. What do I do?

A: There is a lot of missing information an attorney would need to know if you have an illegal search issue. For example, what probable cause or reasonable suspicion drew their attention to even approach you? What reasonable suspicion led them to your trunk? How about your tackle box, and boot as well? Did you let them search the trunk? How they get to open your trunk in the first place if you are not violating any law is a good question and may lead to a constitutional defense. On the other hand, if you are passed out on the side of the road, and you appear to be under the influence of drugs or alcohol, they can inquire further. However, they should not be able to search your car based on that alone. Review the police reports and all of the information with an attorney before you go to court.

Threats from next door neighbor-she is 76

Q: We have a 76 year old woman living next door and she is in the habit of taking in homeless people. Last summer some of her” tenants” were seen by my wife and myself using her back yard as a urinal and a portion of it as what we can only describe as a defecation pit. My wife talked to her about this but it went on until I called the city about it. They came out and spoke to her but it still went on. Now she found out that I was the one who called and tonight she came over making threats at our front door beating and banging on it, in a drunken rage, with foul language, then went around back and did the same. We called 911 and the police said maybe I should get a court order so if it occurs again I can press charges. I know she is up in age but some of her tenants shoot guns in the woods and they have been doing drugs on her property also (we smell marijuana smoke and other weird smells). Do you think an anti harassment order would help?

A:  Bad neighbors can be big problems. She is free to do things on her property that are not illegal. If you believe she is violating state laws or zoning ordinances, call the police or the municipality and let them investigate. Keep calling until they do their job. As far as her coming on your property, she can do so for legitimate purposes. If she is not welcome on your property any more, tell her so or provide written notice to her that neither she nor her crew are welcome on your property. If she continues to get drunk and come back over to your house (which often happens with people like this) she will be deemed a trespasser based on your prior notice. Under the law, based on the prior warning, she can be arrested as a trespasser and you can have law enforcement cite her or arrest her for trespassing. As far as a civil order you can probably get one if you continue to establish a record of bad behavior and get some good photos-like the defecation pit and sound recordings of the discharge of guns. However, you would need to pay a lawyer to do this and a civil order will not have the bite that a criminal charge would. Plus, you don’t have to pay the police, or at least should not have to. Perhaps she has lost her faculties due to natural aging or drug and alcohol abuse and a social services agency may help by doing a wellness visit. If they visited her and became concerned, they too could make referrals to the appropriate agency including the police or psychiatric intervention teams. Good luck.

DOES A NOLLE PROSSED CASE SHOW ON MY CRIMINAL HISTORY?

Q: Will a nolle prosquei in another state appear on a criminal background check in Pennsylvania? I have applied for a job, but am currently waiting for the expungement process to finish. How detrimental is this to my chances of landing a job? I wasn’t arrested, but was issued a citation in Baltimore, MD and was forced to do community service, now will this info be available for my potential employer? I reside in Philadelphia, so should I wait to apply so it isn’t a bad reflection on me?

A: Check with a Maryland lawyer. In Pennsylvania, when you receive a nolle pross on a misdemeanor or felony, you still have to expunge the arrest record as it is the arrest records that stay in the system until the defendant pays an attorney to expunge them. With a citation for a summary offense, there is no arrest record but there are court documents that are generated in the system relating to your District Justice court case. Only in certain circumstances, like an ARD case in Allegheny County, but not all counties, does the DA expunge the records free of charge. In the expungement process, it can actually take and estimated nine to fifteen months for your arrest records or other court records to disappear. It may be prudent for you to wait a while before you apply for your job. If you were arrested, whether it was done physically or via summons, you must answer in the affirmative if you are ever asked by a potential employer if you were arrested in the past, even if you were not convicted. If asked if you were ever convicted of a crime, you can answer, no. Being cited with a summary offense, at least in PA, does not involve an arrest. You are merely “cited” so you do not have to state that you were arrested if you are asked. If you are ever asked if you were convicted of a crime and you were in the past found guilty or pled guilty to a felony, misdemeanor or summary offense, you would need to answer yes to this question.

SON’S DEAL WITH DA-ENFORCEABLE?

Q: My son was a suspect in a robbery and he decided to write a statement to help the DA to prosecute the guy with the gun and in DA promised his charges would be reduced to juvenile charges now she’s not holding up her part of the bargain. Is there anything I can do or some motion to file.

A: If your understanding is correct, let me offer this. Plea negotiations between attorneys are considered to be binding and enforceable. Thus, a plea agreement between your attorney and the DA, are binding and are enforceable. Plea agreements between police officers and defendants are not considered to be binding and enforceable. If this agreement was between your son’s attorney and the DA, the attorney should be loaded for bear and file a motion to get this story before the judge and request the judge to enforce it. If the deal was between your son and the DA, the agreement is not considered to be binding nor is it enforceable. However, what was done is not fair to your son and should not have happened. You should get an attorney involved who can file a motion to inform the court what happened and request that the agreement be honored.

IS RESTITUTION ORDERED IN DUI CASES?

Q: Is restitution always ordered in DUI cases? If someone’s insurance pays what is the need for restitution, this is why we pay insurance premiums I thought. If I cannot afford restitution, can I be rejected from ARD for my DUI?

A Yes, if restitution is owed, it is usually part of the Accelerated Rehabilitative Disposition agreement. The District Attorney can choose not to accept you into ARD if a victim has not been reimbursed for damage that you caused relating to your criminal case. Let’s say for example you wiped out a homeowner’s fence in the course of your DUI. Generally, if your motor vehicle insurance covered the cost of the new or repaired fence, either directly to the property owner or through subrogation to their homeowner’s insurer, you should only be responsible for “out of pocket” expenses of the victim in order to be accepted into ARD. These out of pocket expenses could mean their deductible or any other item not covered by insurance.