Tag Archives: Criminal Law

Can I get my criminal complaint from PA?

Q: How did I obtain a copy of the criminal complaint or the accusatory instrument in the state of PA for my case which is over. I applied for NY state security guard license and the division of licensing is asking for these documents from 2010. (Buffalo, NY)

A: If this occurred after 1986 and you can negotiate the PA Uniform Judicial System website, you might be able to find your original charges. If the case went beyond the preliminary hearing to the Court of Common Pleas level, you can contact the county Clerk of Courts office and ask if they can send you a copy by mail. There may be a fee. If you were not found guilty of the offense, you can expunge it, so it disappears from all reputable criminal records repositories. Even if found guilty or you pleaded guilty to a summary offense, certain summary offenses can now be expunged.

Can I go to jail if I don’t have the TV’s I leased ?

Q: I am late paying Arron’s about 30 days. I can’t pay till the 28th of this month. I am scared I can go to jail for not giving back all the property because I gave the TV’s to family members, but I got the furniture. (North Versailles, PA)

A: If you don’t return what was loaned to you in accordance with the lease agreement you signed, yes, you can be held liable under civil, and criminal law. Aarons could file criminal Theft charges against you or similar charges under theft of leased property. Best bet is to retrieve the TV’s from family (C’mon, the Super Bowl is over) and return them. If you cannot do that, you need to have the money to pay for them. (restitution) Whether you go to jail or not would be determined by what you are charged with and your criminal record.

What should do. My third Retail Theft.

Q: I was arrested at Giant Eagle fir an item costing 3.50. I have three priors. A summary from 7 years ago for retail. A second retail and a third that got moved to traffic fine and don’t know why. Would it be best to hire an attorney or just get public defender? (Pittsburgh, PA)

A: As stated, a third retail theft is a Felony III. It is not to be taken lightly, but in Allegheny County, I get a lot of these worked out at the District Justice level to a summary. Many people have the view that sending a F3 Retail Theft downtown is a waste of resources. Let’s hope your Assistant DA and police officer have the same view. An attorney would help in such a situation. He might be able to direct you to do certain things before the hearing to put you in a better light by the time the hearing comes around. Drug and alcohol evaluation, possibly? Most retail thefts arise out of drug addiction. Additionally, Public Defenders are generally very good attorneys. They are specializing in one are of law. If you feel a private attorney will give more attention to your case, then choose a private attorney.

Can voice recording of me and customer be used in court?

Q: I met with this customer in a public parking lot of a truck stop off the highway. I recorded the conversation so that my husband could hear after it was done because he was not able to come and is main owner of our business. In this recording it is stated my husband’s work is perfect and they can’t wait to pay us, and he also admits to committing insurance fraud. We still have not been paid by this guy for the work completed and now need to go to court to get our money (which this guy agrees to amount and that the job is perfect in the recording) Since this was recorded in a public place with both of us standing in parking lot of public place, can this be used in court?? Thank you in advance! (Pittsburgh, PA)

A: PA is a two-party consent state. If the other person was unaware he was being electronically recorded, you don’t have two parties consenting and you have committed a crime under the PA Wiretapping and Electronic Surveillance Act, 18 PA. C.S. § 5701. I would not use the recording.

How long do the courts have to impose a sentence?

Q: My fiancé was sentenced to house arrest in December and we have not heard anything. Is there a statute of limitations? (Pittsburgh, PA)

A: It sounds like your fiancé was sentenced already, so there is no 60-day rule that applies to the time one must be sentenced after an adjudication of guilty. I assume you mean, house arrest, electronic home monitoring? It sounds like you need to call the Adult Probation Office of Allegheny County and explain what has happened. It seems like an oversight. I would check to make sure they do not have an incorrect address for him which could lead to problems.

Can I get my social security benefits transfer to new social security number?

Q: I have been living and working in the country for 15 years in the same company with a made-up social security number. I recently became a resident and now have a valid ss number. I have changed my social security number at my job to the new one, but I am not sure if I will lose all my accumulated social security benefits for changing numbers since my old one is fake. If so, is there a possibility to transfer it to new number? (Pittsburgh, PA)

A: I think you need to consult with an immigration attorney who is associated with a lawyer who handles federal criminal law, or visa-versa. I would think that you have been committing a federal crime, most likely fraud, for the past 15 years. If you try to “transfer” your accumulated credit from the fake Social Security number, you will likely be investigated and possibly prosecuted.

Can I be charged with Disorderly Conduct with no police contact?

Q: A friend and I got into a fight two months ago in a private bar we go to. He runs from the police, he gets caught. I got to a house on the corner and got patched up. I NEVER even seen a cop that night or speak to any. I think the bar gave my information. (McKees Rocks, PA)

A: Yes, police can file charges based upon “information received”, and they do it all the time. The witness from whom the information came from will need to be present in court to testify for the police to make a case. I would discuss this with a lawyer.

How long will my baby’s father be locked up?

Q: If I call the cops on my baby father and he get locked up, but he is on parole will he do time even if it isn’t his fault? I got mad at him, called the cops and got him locked up for nothing. (Pittsburgh, PA)

A: If baby’s father was arrested, there is a good chance he was detained on a parole violation. Being detained means he will have to sit in jail until this new case with you as a victim is resolved. Once it is resolved, he will still sit in jail until the parole board or parole or probation judge schedules a detainer hearing. If the jurisdiction is with a county judge, meaning he is on probation with a judge, you may want to see if a criminal defense attorney can file a motion to lift detainer. This would allow him to be released from jail pending his probation violation hearing. The Public Defender does not handle petitions to life probation or parole detainers. This may take a while.

What will be potential outcome of charges?

Q: Said person has history of mental illness and was extremely intoxicated at time of incident. She has no criminal background, is a wonderful mother, a successful business owner and voluntary went to 30-day inpatient rehab. What are likely outcomes from charges of resisting arrest and terroristic threats? What is the best- and worst-case scenarios? (Monongahela, PA)

A: With no criminal history, she has options. My first would be to try to get her out of this with the charges withdrawn based on all the good things about her you mention and the fact that she did rehab. You can then expunge her arrest record. If the DA or police would not agree, perhaps a plea to a summary Disorderly Conduct would be offered. I personally don’t like that option as it will give her a record of a summary conviction for 5 years before she can expunge. The next option would be ARD, which is a first-time offender’s program. This means the case will go past the District Justice to the Court of Common Pleas and take 6 months to a year to resolve, however, there will be no record as the record will be able to be expunged.

What is a status conference about?

Q: I have a status conference tomorrow. I am on probation already why would they send for a status conference? I’m on probation but me and my baby momma was arguing about our son and she pressed harassment charges on me but then tried to drop it, but we got the run around ever since. I was just wondering since they didn’t tell me what that status conference is about can I get a continuance until I find out what is happening? I am on probation for 2 grams of pot and have been on probation for about half a year with another 6 months to go. Could they just be checking on how I am doing? (Pittsburgh, PA)

A: I assume your status conference is related to your probation and not the new harassment charge. Assuming I am correct, it sounds like a Gagnon I or initial probation violation hearing to determine, if based on the alleged violation (the harassment charge) you should be sent to jail or allowed to remain at home. If you are doing everything in accordance with the terms and conditions of your probation, your angle is to minimize the new charge as being falsely made and one that will be dropped. You will do better if you are represented by an attorney. If you handle it yourself, you should not speak about the facts of the harassment case to anyone or your statements can be used against you in court.