Q: I got a gift for my birthday which was a lottery ticket and don’t know if I can cash it. (South Park, PA)
A: The lottery is legalized gambling, the operative word being “legalized”. Unless the terms and conditions of your probation prohibit going to Casino’s or buying scratch cards, you should be OK.
Q: I was in a neighboring county enjoying myself at the annual fair grounds. Apparently, I unknowingly ingested synthetic cannabis, but I don’t remember even having it or smoking it. The police report only states that I ingested it. Not that it was found on my person. Also, it states that I was found passed out and when I awoke I was handcuffed for being combative. I was taken to the hospital. No charges were filed. I was dehydrated, and they gave me sodium chloride to give my body fluids and a sedative called Ativan. When they gave me papers it said that I overdosed accidentally on the summary from the hospital. (Sewickley, PA)
A: Sounds like a good time. Maybe, maybe not. If you were cited or charged with a crime or non-traffic offense, it is more likely. I would look at your probation papers to see what your conditions are. In many counties, the probation office gives you a document which specifies your conditions. If one of the conditions is that you must report any new arrest or citation, then you run the risk by not doing so. Your conditions probably state that you must refrain from using drugs or alcohol but do not require you to report such use. My guess is that your PO should not know of it unless the officer who handled your hospital trip, runs your record, sees your prior case, knows you are on probation and calls your PO. It happens. Not to lecture you, but you could have died from whatever you ingested or have been seriously injured. Hopefully you will learn from this experience.
Q: I am receiving calls from a mediation service for a debt I’m not sure I even owe. I have dealt with the company they claim to represent about 3 years ago. They have threatened to file felony theft charges with the district attorney if I do not pay immediately. (Pittsburgh, PA)
A: They sound like scammers, flim-flam men, con-artists, shysters, grifters, sleaze merchants, crooks, fleecers, con artists, hustlers, swindlers, bilkers, bunco artists, cheaters, clip artists and altogether bad men or women. If you were to be arrested, the police would contact you and no one else. These algae eater, bottom feeders are hoping you are gullible enough to pay them by credit card. Don’t do it and tell them to go pound salt!
Q: My son is facing 3 criminal charges. We have hired a criminal defense attorney and have been told by our attorney that he (the attorney) doesn’t need to be at the preliminary arraignment. After reviewing the criminal process in Pennsylvania, it seems like the District Magistrate will be questioning my son about what happened. This seems like a good time to have the attorney present. Could a PA criminal defense attorney give me some insight? Thank you. Should an attorney be present at a Preliminary Arraignment in Pennsylvania? (Pittsburgh, PA)
Q: In Allegheny, attorneys never attend Preliminary Arraignments unless they can bill the client for it or get news coverage. The District Justice will not be questioning your son about what happened. The DJ may ask questions regarding bond only-his address, phone number, etc. The purpose of the Preliminary Arraignment is to set bond, hand the defendant his criminal complaint and a subpoena for his next court date which is his Preliminary Hearing. I think you should follow the advice of your counsel.
Q: I have a warrant for a simple assault charge. I have a court date coming up. I also want to get a public defender for my court date and to help squash warrant. (Pittsburgh, PA)
A: Public Defender’s in Allegheny County do not deal with warrant issues. It is not deemed a critical stage of prosecution. However, you can obtain a Public Defender to represent you on the new charges at the Preliminary Hearing stage. You will need to go to Room 400 of the County Office Building and sign up. You will be appointed counsel if you qualify-meaning if your income is at a certain level.
Q: First-off the cop that was accusing me charged me with a wrong case number and was corrected by the judge. He then tried to say my registration and tags were from different vehicles and on his report literally everything he put down about my car info was wrong. I quickly proved he was wrong and on top of that he never asked me to take a test when he pulled me over but I’m charged with 1547b1. It makes no sense then he told the judge he pulled me over because I had illegal tent but my car has no tent at all he told me my plate was cruked but said some different in court in he never mentioned how he damaged my car trying to find drugs when I only had 2 packs of cigarettes in the car. I know that’s not how probable cause works it’s this because of my race. I feel like I was pressured to plead guilty in fully and did not understand what I was charged with. I did some research and it seems like I was falsely charged. (Pittsburgh, PA)
A: You can use it. However, if you present this argument in court the way you present it here, you will likely not win at trial. I think you need a lawyer to help fashion your story into a more understandable and cogent defense. When you say you were pressured to plead guilty, then you need to be aware that there will be no trial to present this defense unless you appeal within thirty days of your conviction or plea. I think you could greatly benefit from having a private lawyer or public defender review this situation.
Q: Can I being on Probation and house arrest marry my fiancé who is on federal parole? I am on house arrest for my 3rd DUI. He came home 6 months ago from the Federal prison. Are we still able to get married and if so how do we go about it the correct way without getting into extra trouble. (Coraopolis, PA)
A: Sounds like you have some common bonds. I can’t think of anything that would legally prevent your marriage unless it violates the terms of either of your probation about not associating with each other. If it is not specified in the written sentencing order or probation condition documents, the probation officer can still object to you cohabiting due to a history of drugs, domestic violence or other criminal behavior. In that case, you can might be able to put a motion in front of the judge asking that such condition be lifted.
Q: I asked this doctor to be my primary care physician when I had an abscess from Diverticulosis. He then got be hooked on prescription pain pills. I just read that he was running a pill mill. Can I use him? (North Versailles, PA)
A: There is a lot of that going around. Can you use him? You can treat with a witch doctor if you wish. The problem is that if his license has been revoked, it will be a crime for him to “practice” medicine. If he continues to do so, out of his house or car, or whatever, you do so at risk. You could end up as a witness against him in a criminal prosecution or being hassled by the police or the state licensing board.
Q: Our friend couldn’t hold it anymore. No bathrooms were available anywhere He hid in the woods far from anyone. He was not intoxicated and was respectful but was cited. Should he plead not guilty, no contest or ask for ARD? What should they do when they go to the magistrate’s office? (Pittsburgh, PA)
A: Take a toothbrush and pray for mercy. No, just kidding. Advise him to plead not guilty. It is a summary offense but will stay on their record for five years if they are found guilty. I wouldn’t rely on the District Justice dismissing or the police officer withdrawing the citation, although they may. Tell them to hire an attorney if possible, they will have a better chance.
Q: My manager accused me of stealing $96 from a server and showed me the video. It doesn’t show me taking any money. She told me to empty my pockets and there was nothing in my pockets besides $50 from payday on Thursday. She is bi-polar and an alcoholic. (Robinson Twp., PA)
A: If you are telling the truth I would fight this and ask to speak to the owner or anyone above the manager. However, PA is an at will employment state and you can therefore be fired for any reason at all unless the reason is based on a protected class such as race, gender, sexual preference, age, disability, etc. You may want to speak with an employment discrimination lawyer.