Tag Archives: Criminal Law

This guy called me 40 times with voicemails saying he was waiting for me.

Q: I am seeing this lady and her soon to be ex-husband thought I was with her in a hotel. So, he called me 40 times in a few hours and left voicemails saying he was waiting for me and was going to cut my head off. I also have him on camera letting the air out of my tires. (Pittsburgh, PA)

A: You need to avoid him at all costs and call the police. We live in a violent society, so you need to protect yourself and I don’t mean buy a gun and confront him. Make a record of it and the police will advise you as to whether you have enough evidence to file harassment charges

Sold 6.5 grams of marijuana and got a felony

Q: This happened 10 years ago when I attended Penn State. I have had no trouble since. Even the D.A. later said “usually you get a choice of either a misdemeanor and a few months of jail or a felony and no jail time. Well he was the D.A., so I am sure he did not have my interest foremost in his mind. When I got sentenced his assistant DA was the one at my case. I served my sentence but now the felony is ruining my chances of a good life. How can they give me a felony if the guidelines say a misdemeanor for anything under 30g’s? What can I do? (Monroeville, PA)

A:  It sounds like you pleaded guilty to a felony for delivery. Regardless of the amount, a delivery is a delivery and always a felony. I don’t practice in your county and in my county, this case probably would have been worked out to a misdemeanor or even a summary. Since this happened 10 years ago, you have missed your appeal deadline of 30 days and your rights under the PA Post Conviction Relief Act, which require filing within one-year of conviction. Unfortunately, your only option is a pardon.

Can a non-traffic citation turn into a felony if I missed court?

Q: I had a yellow ticket non-traffic citation for a minor harassment from confronting a person. I had my background apparently checked with an employer and says I have a felon? is it possible that I am mixed up with a different person since I have a hyphenated last name?

A: If you miss a non-traffic summary hearing, it is possible you can be found guilty in absentia, of the non-traffic offense. You should have been mailed a copy of the order informing you of your conviction and your right to appeal within thirty (30) days. I don’t believe the Court, nor the officer, would have authority to amend the charge up to a Felony. If they wanted to do that, they would have to amend the charges, refile and provide you with proper notice. It is possible, for example, they cited you then later learned a gun was involved in the threat. However,  I think there is some confusion here. I suggest you get a copy of the record the employer has or order a copy of your criminal history from the PA State Police.

What to do if your arrested for a crime you didn’t commit?

Q: I was arrested for supposedly forging someone’s name and theft by deception. They say I went to a jewelry store with a yellow slip and picked up a ring and signed the victim’s name. They showed the victim a picture. She snapped a picture with her phone, then posted it to social media. She then supposedly received a message from me on social media, but I never sent any message. because of that message told the officer my name. The officer then looked through JNET and PennDOT to finds my picture and he says it matches the person in video. But I have an alibi for that day. (Wexford, PA)

A: You can be arrested on another person’s word and belief that you committed a crime, even if you didn’t. I advise you to make no statements to anyone, not only police, but anyone. Also, gather your evidence and preserve it. If you have an Alibi defense in that you were at another location in the company of others at the time, get those persons names and contact information and any other evidence including video, time cards, receipts, etc. If the mistaken identity defense does not knock the case ouy early on, there is some interesting law on the use of social media as evidence that you may benefit from. Most importantly, get an attorney and share all the information with him or her. If you cannot afford one, sign up for the Public Defender.

Can my son get jail with a Felony 1 Burglary charge?

Q: My son was in the vehicle and never got out of the vehicle when an acquaintance broke into a home to steal marijuana the homeowner was home and shot the kid in the leg my son hopped in the driver’s seat of the perpetrators car and drove him out of there was immediately arrested and has been incarcerated since December they are taking it to trial my son has no representation and is facing some Hefty charges. (West Mifflin, PA)

A: Even without a prior record, these charges could result in a jail sentence. I’ve had similar cases and the facts are different in every case, so you cannot necessarily say he will get jail or he will not get jail. Working against you is that it is likely believed that your son was involved and not merely present at the scene by some misfortune. In one of my cases, the kids broke into a local pot grower’s home, hit him with a bat, broke his arm, rolled him up in a carpet and were running out the door with marijuana plants when the police arrived. My client was hiding under the cellar steps when the police arrived. He wouldn’t come out, so they let a German Shepard loose on him. By the time of trial, the co-conspirator that was to testify against all the defendants OD’d and died and because the victim was as drug dealer and less sympathetic in the eyes of law enforcement, the DA and cops allowed my client to plead to receive probation. I think the police also went a little easy on my client because he was pretty chewed up by the dog. (lacerations, stitches, nerve damage, etc.) The point is that every case is different. Perhaps your son’s attorney can distance your son from the other guy and perhaps the police and DA do not like the alleged victim if he is a known drug user or dealer. Your son is no doubt young and has no criminal record, which will work in his favor. He needs an attorney whether private or public.

I need an attorney?

Q: Data breeches.

A:  Or a tailor. “Breeches” are trousers that extend only slightly past the knee. In West Virginia they are called “britches”. I assume you mean data breach however I am not sure if you are the accused or someone has stolen on-line data from you. If you are the suspect, I would suggest not talking to police or anyone about the case and consulting with a criminal defense attorney.

First offense, no criminal record, am I going to jail?

Q: I called the Attorney General’s office yesterday and was told it looks good on my behalf that I’m already making payments towards case. I don’t want to go to jail. I do not have a criminal record, and I honestly do not remember receiving LI-HEAP energy assistance. I honestly do not remember but I believe I was getting child support at that time! However, I do not honestly recall Wesley living here in 2015 or 2016. I believe at the time he was living with his then girlfriend in Maryland but am not sure. I do suffer from ADD and am taking medication for it. (Everett, PA)

A: I do not practice law in your county. In my county people generally do not go to jail for welfare fraud or similar crimes unless the case involves a lot of money and the behavior is indicative of true criminal intent. You need to be represented by an attorney. You may be eligible for a first-time offender’s program called ARD, especially if you can make payments within the limits of your probationary period.

When is a search illegal in PA?

Q: I was pulled over. The cop said my plate was a motorcycle plate. I called 911 while being pulled over. Thus, the whole conversation was being recorded by 911. The dispatcher came back on with the right information for vehicle and plate. Cop put in a letter “o” instead of a number “0”. I tried telling this cop this. He kept screaming and yelling at me. He gave me back my license. I asked, am I going to get an apology? He snatched my phone and pulled me from my car. Placed handcuffs on me. Searched my car. Searched me and found a dime bag of weed on me. Never read me my rights. Impounded my car. He roughed me up. I don’t smoke. He planted this weed in my change pocket of my jeans. I am thinking about getting an attorney for violation of my civil rights. Yes, I’m black. They were white cops and very racist. (Pittsburgh, PA)

A: A search is illegal when the judge says it is and throws the evidence out. Although we all know race can be a factor with police, this officer probably would have done the same thing if you were Casper the Friendly Ghost. Your comment no doubt aggravated the situation, especially if he was not in a good mood to begin with. You might as well have told him he had no probable cause or made a statement about him smelling like pork or donuts. The first issue was if there was PC to seize your body and arrest you. He will likely say he had the right to arrest you because you were disorderly. The second issue is whether he had probable cause to reach in your pockets and pull the weed out. It is likely he will say you were under arrest first, and then he felt your pocket for a pat down and it felt like a baggie of weed under the plain feel doctrine. I predict he will offer you a plea deal to a summary Disorderly Conduct at the Preliminary Hearing if you do not have an attitude at the preliminary hearing. If you want to defend this, it will be tough and a long journey for you. You will need a lawyer willing to go on the ride with you. You need to discuss this with an experienced criminal defense attorney.

What are consequences for using synthetic urine?

Q: My friend on parole and entered a re-entry program for work. She used synthetic urine for drug test. They sent it in to lab and now they say she failed drug test. She went in to program today they let her come home. Now they work with parole. Will they call parole and report that she failed urine? (Oil City, PA)

A: I have heard of synthetic marijuana and synthetic motor oil but have never heard of synthetic urine. It must be my age. I do not think his employer will divulge drug test results to the government without his signed release. It depends what he has signed, however. If he released this information, fake urine would be deemed a failed test.

Can my probation officer find out if I owe a debt collector?

 

Q: Recently I wrote a bad check and wanted to know if my probation officer could find that out if sent to a debt collector. (Pittsburgh, PA)

A: I doubt if your PO can discover a bad check and threatening letter from a debt collector. However, failure to make payment on a check after notification that it was written on a closed account or NSF balance, can result in criminal “bad check” charges being filed. I would do my best to enter a payment plan. Also, I would be more concerned if you are on probation for financial and/or similar crimes. It will look like you didn’t get it the first time. However, if you are on probation for something totally unrelated, and having financial difficulties, your PO may not come at you as hard. If you feel that you cannot settle this, you may want to get ahead of it and tell the PO.