Tag Archives: Criminal Law

Will I get arrested for trespassing at Brownsville General Hospital?

Q: I like going through abandoned places just to look. I’ve always wanted to go there. As far as I know, nobody has ever been arrested for going there. I don’t know if the police showed up when the people were there or not. I’ve been trying to find haunted/abandoned places to go and this hospital came up. As far as I know nobody owns the land. Even if nobody owns the land are you still able to get arrested? I would like to know so I don’t go there one day and got arrested. I am 18. (Jefferson Hills, PA)

A: I would bet that somebody owns the land. I would also bet that there are “no trespassing” signs and locked gates and doors which would suffice to give someone notice that they are not welcome to loiter there. If you are adventurous, you will go at your own risk. Young people and paranormal enthusiasts are attracted to these places. If you are caught, you may be given a warning but you may also be given a citation for criminal trespassing. If you are cited, plead not guilty, and request a hearing. If you explain your interests and reasons to the judge, you may luck out and be given a warning. Additionally, be careful if you choose to do this. These places are unlit, have deteriorated and can be quite unsafe. A friend of a friend fell one-story down an open stairwell at the old Dixmont State Hospital. He was stuck with a broken leg and laid there all night before being found the next morning. He supposedly was tormented by spirits all night and has never been the same and has turned super religious.

Should I take 30-day ARD for simple possession of marijuana?

Q: I was pulled over for a traffic violation while away at college and was charged with possession of a small amount of marijuana and paraphernalia. I understand that the possibility of being drug tested varies county by county, but I was wondering if Berks County was one that mandates drug tests with their ARD program. My ARD program is a 30 day one. (Pittsburgh, PA)

A: I would consult with a lawyer before you do anything. You might want to consider trying to get Probation Without Verdict on this first offense, if available. You might want to save the ARD card for your first DUI.

In Pittsburgh is the public able to attend domestic violence trials?

Q: If you want context, continue reading. If not, scroll to the bottom to see the actual question. Thanks in advance. In 2013 an ex-boyfriend strangled me. At the time the courts didn’t deem the offense worthy of more than a misdemeanor. He stole my car after the assault…to this day it boggles my mind that stealing my car was a greater offense (felony) than rendering me unconscious and cutting off my air supply during a pregnancy, but whatever. Anyway, felony dropped, he walked with a misdemeanor, and a few months in jail. Fast forward to 2018, the dockets indicate he’s been charged for the same type of offense again against yet another woman, yet this time the charges they are bringing forth are F2 charges for strangulation. Preliminary already happened, trial this month. Child endangerment charge added in the mix, I’m told he did this to the mom in front of her child. I won’t get my hopes up. Likely they’ll be lowered to a misdemeanor. None the less, at the risk of sounding salty, I would really like to be present to watch him get hauled away on a felony this time. Am I allowed to be there, just sitting quietly among the courtroom seats, or are DV trials private proceedings? (Pittsburgh, PA)

A: Yes, you can. Criminal proceedings are open to the public. Anyone can stroll through the Allegheny Courthouse on any given day and much like a shopping mall, enter a number of courtrooms and check out the wares. Homicide trials, shootings, DUI pleas, sentencings, motions to suppress evidence. It is like real court TV. You might also want to talk to the Assistant DA who is handling the case. In some cases, the prosecution is permitted to introduce evidence of prior events if there is a similar pattern of behavior by the defendant. The Allegheny County DA has done it in sex crime cases.

Will ex do jail time for assault while on probation for Endangering the Welfare of a Minor?

Q: My X-wife is on probation for Endangering the Welfare of a Child. She got a simple assault charge for punching my mom on her property. Being that she is on probation, will she get jail time? If so, how much? (Pittsburgh, PA)

A: Assuming she is convicted, she faces two possible sentences. One, is from the probation judge for violating his probation by committing a new crime. The second one would be for the new, simple assault crime. There are many factors that the judge on the new case must consider in fashioning a sentence for a defendant. There are the sentencing guidelines which consider her prior criminal history and offense gravity score, how bad was her criminality in the probation case (what type of harm did she cause to a child), how bad was her criminality in the new case, was she on her own property or on your mom’s, did mom provoke her, etc., how long was she on probation until this episode happened with your mom, did your mom have injuries? She could get some time in the county jail, or she could get probation. As to the probation judge, he considers many factors as well, but mostly how she complied with his probation. By punching someone on his probation, he will be disappointed. My advice is to ask her attorney.

Can I tell judge husband does not deserve jail in victim impact?

Q: We were both charged with domestic violence, simple assault. My case will be dropped but he is on probation for non-violent traffic plea deal. I received paper in mail this week asking for victim impact statement. Can I take this opportunity to tell the judge my man is actually innocent and the negative effects this is having and has had on our family is due to the judicial system and him being held in jail instead of home raising our baby and providing for us as he always has? He does NOT deserve the charges. I want to know if this can hurt him at all if I plead to let him come home? (Pittsburgh, PA)

A: Every victim is afforded the right to speak at a defendant’s sentencing. Since I am not intimately familiar with the facts here, I suggest you run this past your attorney first. This is to make sure that anything you say will not jeopardize the plea agreement that you have been offered. You stated your case, “will be dropped”, so you want to make sure that happens. Secondly, you need to be careful that what you say at his sentencing is not contrary to your prior statements in the case which led to his arrest. This could lead to false report charges being filed against you. You may also want to seek counseling with a domestic violence therapist.

Can friend or family represent someone in court if that someone refused his Public Defender?

Q: Am I allowed to represent someone who is family or friend in court, if they agree that I do so? My nephew was charged with a crime and he requested I help him, as I have experience in the legal system. He refused a public defender and could not afford an attorney. I was then arrested and charged with tampering with evidence to trying to help him.

A: You must be a licensed attorney to represent someone in court. It is commendable that you will help him. You may be better served in helping his attorney as far as gathering information or tracking down witnesses. I suggest you let a lawyer make the legal decisions. If your friend cannot afford a private lawyer, contact the Public Defender. If you treat the PD with the respect, they will treat you likewise. Having a lay person represent me in court who has “…experience in the legal system” to me, would be like letting the receptionist at my doctor’s office perform surgery on me.

Can friend be arrested for telling a cop he would sell drugs?

Q: Can he get charged with anything even if he didn’t sell any? My friend told a cop he sold drugs. But when the cop went to go get the money he left. He never sold him anything just told him he had it can he get charged with anything? (Pittsburgh, PA)

A: I really doubt it. There is no physical evidence-no drugs, no money, no witness to a delivery. There are people that confess to murders all the time who didn’t commit them. They do this because they have mental health issues. People say all sorts of things. I don’t think it even arises to the level of attempt or conspiracy as there is no overt act toward the expressed verbal intent. Tell your friend to not talk to guys who look like body builders, have shaved heads and act like they need drugs. They are probably cops.

How can I get a 27-year-old felony exhumed in Pennsylvania?

Q: I have a 27-year-old felony. I was charged with involuntary manslaughter and aggravated assault from May 1991. How can I get out of this? (Pittsburgh, PA)

A: I think you are asking how to get this charge taken off you record which is called an expungement You cannot get it expunged since you were convicted, and it was a felony. Until the legislature allows expungements of felonies, you are stuck. When asked, perhaps you can put a favorable spin on it. You will need to file for a Pardon. Consult with an attorney who handles pardons.

Can he work as a CNA with prior involuntary manslaughter?

Q: I am asking this for my other half because he wants to get back in to CNA and had charges of involuntary manslaughter? Would he be able to work in PA as one? He served all his time for it and has nothing pending. (Pittsburgh, PA)

A: Not as my mother’s caretaker. Just kidding. I assume he was adjudicated guilty-either pleaded or was found guilty? If so, you need to contact the PA state board that licenses certified nursing assistants and ask them. I would think he would have to have a criminal history check and some sort of official state clearance and therefore he would be ineligible. Check www.nursinglicensure.org. They may have a Q & A section on their site or a contact number. Good luck.

I’m out on bail, hit a car and took off. Will my bond be revoked?

Q: I got arrested for a crime that I did not commit, and I am out on $30,000 bond. I had an accident last night. My airbag came out and it was like being punched in the face. I couldn’t see a thing and I swiped another vehicle. At that point I was in shock all I remember is being at my boyfriend’s house after that. Will they revoke my bail bonds for this? (Evans City, PA)

A: If you are arrested for leaving the scene of an accident, (75 PA C.S.A. Sec. 3743) the DA could petition the court to revoke or raise your bond. It depends on how your county normally handles such matters. I would consult with an attorney regarding the intimate details this new event for advice on how to proceed and what options you have.