Tag Archives: Criminal Law

Do I pay $175 bill from Michael Ira Asen, P.C. for stealing at target?

Q: On 11/14/2018 I was caught shoplifting an item that was $5. The man who detained me said he recognized me from stealing there before (an item that was $25). He said he wasn’t going to call the cops and he didn’t. He just took down my info from my driver’s license, my Social Security Number, the make and model of my car, and took my picture. I also signed a letter admitting what I stole and wrote down what I stole. There was another target employee in there as a witness. Two weeks later I received a letter from The Law Offices of Michael Ira Asen, P.C. stating I owe $175. If I don’t pay this, what will happen? Should I pay it? I’ve researched and seen many lawyers say that you should not pay it because it’s an empty threat. However, I’m scared if I don’t, they will take legal action. I’m terrified. (Pittsburgh, PA)

A: Do not pay this. I believe this attorney is located in another state, like NJ or NY. He will not come to Pittsburgh to sue you for $175.00. He has some scheme with Target, whereby he will send them a chunk of what he collects from you. His collection has nothing to do with any potential criminal case against you if Target chooses to file. If you do receive a summary Retail Theft charge from Target, see an attorney.

How can I prove I didn’t write bad checks?

Q: I have to go to the Magisterial District Judge about a bad check that was written with my name and my ID. I didn’t write the check. I never even been in this specific store. How do I prove it? My wallet was stolen in 2012 while I was in the hospital recovering from surgery. I never reported it to the hospital. I just replaced the couple items I had with me after my recovery. Later in 2013 someone called me about a bad check I supposed to have written. I explained to the lady I don’t use checks at all and at the time didn’t have a checking account and I never been in her store. Basically, it wasn’t me. She looked and said the signature didn’t match and we hung up. I never thought about it again. Then, I’m paying a traffic citation and the lady tells me I have a warrant in another district. I call, and they explained to me what it was for. I’ve never been in trouble before and I don’t know how a warrant works. I just know I don’t want to go to jail for something I had nothing to do with. I went to the magistrate, pled not guilty, paid the fee for that. I go to court on the 20th. How do I go about proving this wasn’t me? It wasn’t my address and it wasn’t my account. There’s another name on the check. (Monroeville, PA)

A: I have handled many of these wrongfully accused cases as I am sure other attorneys have. The burden at the Preliminary Hearing level is for the DA to have the District Justice hold your case for the Common Pleas Court level. It is a very easy burden to meet. Proving you guilty at the Common Pleas level is much more difficult. Even though the DA has the burden to prove you are guilty, you almost have to prove you are innocent in these cases. To beat the case at the Preliminary Hearing level, you need to be super prepared and persuasive. You will fare better with an attorney. A good attorney will continue your case and gather evidence. Based on what you say, you have some defenses although I am a little confused how one of your checks was cashed at the time you did not have a checking account. My advice is to hire a private lawyer or arrange representation with the Public Defender.

If I have a warrant will I be arrested if I go to the jail to get my stuff?

Q: I need to pick up my property from my last arrest, but I currently have warrant. If I go to the county jail and attempt to get my stuff, will I be arrested? (Pittsburgh, PA)

A: There is one way to find out. Bring your tooth brush just in case. No, seriously, there is a good chance. Perhaps you can have your attorney draft a Limited Power of Attorney which authorizes another person to pick up your stuff at the jail.

Can a DUI dismissed if they bruised your vein when taking blood test?

Q: Hi. I got pulled over for a traffic stop and the car smelled like marijuana. They wrote me a citation and they were going to let me go but the passenger in the back seat threw up out the window, so they made me stay and get out the car for a sobriety test. They arrested me and took me to get a blood test. (McKeesport, PA)

A: Sure. And not only can you get your case dismissed, but the police must give you a written apology and take you to breakfast! No, not so. I know of no bruised vein defense. If you feel there was something amiss with your blood draw, you can always have your attorney consult review the tests and if warranted, consult with a forensic expert to review the results.

Can a DUI dismissed if they bruised your vein when taking blood test?

Q: Hi. I got pulled over for a traffic stop and the car smelled like marijuana. They wrote me a citation and they were going to let me go but the passenger in the back seat threw up out the window, so they made me stay and get out the car for a sobriety test. They arrested me and took me to get a blood test. (McKeesport, PA)

A: Sure. And not only can you get your case dismissed, but the police must give you a written apology and take you to breakfast! No, not so. I know of no bruised vein defense. If you feel there was something amiss with your blood draw, you can always have your attorney consult review the tests and if warranted, consult with a forensic expert to review the results.

Has the cane sword law changed in PA?

Q: I have been ordered to use a cane by my Doctor. I walk a lot to get where I need to go. It is a horrible neighborhood. Can I walk with a sword cane? (Braddock, PA)

A: I have no idea what a sword cane is. Was it from the 60’s television series, “Wild, Wild, West”? Regardless, if it has a sharp edge that can be used as a weapon, it may be considered a Prohibited Offensive Weapon under section 908 of the PA Crimes Code. I don’t think it is such a good idea. Ask your local police department.

Can I get my money back, or is it considered soliciting a prostitute?

Q: So, this “mistress” and I have been talking for a while. And she requested $160 for us to meet up. I sent it, and never heard from her in 2 weeks. Should I try to file a police report? Or will it backfire on me? (Clairton, PA) A: I would let this one go. She is a scam artist, a flim-flam woman, con-woman, grifter, cheater, con-artist. hustler, crook, swindler, bilker, bunco artist, clip artist, wise-girl, fleezer, clipper, fleecer, etc. You get the idea. Even if you find her so the police can arrest her, you run the risk of being charged for solicitation or conspiracy.

A: I would let this one go. She is a scam artist, a flim-flam woman, con-woman, grifter, cheater, con-artist. hustler, crook, swindler, bilker, bunco artist, clip artist, wise-girl, fleezer, clipper, fleecer, etc. You get the idea. Even if you find her so the police can arrest her, you run the risk of being charged for solicitation or conspiracy.

How do I turn myself in on a PA warrant?

Q: I want to turn myself on a warrant for failure to appear in to PA for a drug paraphernalia charge from 2015. I’m scared I will go to jail. I also live in Buffalo, NY, and I don’t drive. That is the reason I don’t go back for my court date. Now three years later the warrant is showing up and I just want to take care of it but I’m not sure what to do. (Buffalo, NY)

A: If you have the resources to hire an attorney, an attorney can handle most of it and take you before a criminal motions judge to set your bond. You may want to call the County court administration and see if there is a way to do this without waiting in jail. Allegheny County has a set up where someone in your situation can turn themselves into Pretrial Services, who process them and take them before a judge for a bond to be set without going to jail. You will likely be better off with a lawyer who practices in the county in PA in which the warrant is.

If I get house arrest with work release, does PO come to my job?

Q: I work in the medical field with patients coming in for their appointments. I want to keep my job, but I’m sure my boss will not want my PO officer to come by and check on me. Is there any way this can be avoided so I can keep my job? (Braddock, PA)

A: It is possible. It depends on how intrusive your probation is. With non-reporting probation, the defendant usually visits his probation officer at the beginning and never hears from him or her again except for a phone call. Reporting probation and more intrusive probation usually goes along with sentences for more serious crimes and those with more extensive criminal records. If you have a long criminal history and are on probation for a felony, a visit to your home would not be unusual and a visit to your job would be a bit unusual but not out of the question. The easiest way to find out would be to ask your lawyer or the court at sentencing.

How do I turn myself in on a PA warrant?

Q: I want to turn myself on a warrant for failure to appear in to PA for a drug paraphernalia charge from 2015. I’m scared I will go to jail. I also live in Buffalo, NY, and I don’t drive. That is the reason I don’t go back for my court date. Now three years later the warrant is showing up and I just want to take care of it but I’m not sure what to do. (Buffalo, NY)

A: If you have the resources to hire an attorney, an attorney can handle most of it and take you before a criminal motions judge to set your bond. You may want to call the County court administration and see if there is a way to do this without waiting in jail. Allegheny County has a set up where someone in your situation can turn themselves into Pretrial Services, who process them and take them before a judge for a bond to be set without going to jail. You will likely be better off with a lawyer who practices in the county in PA in which the warrant is.