Tag Archives: DUE PROCESS

Can police lie to get you to come into the station?

Q: The police left a number for me to call and said they wanted to congratulate me for something and give me a gift. When I got there, they handcuffed me to a chair, processed me and gave me charges. (Pittsburgh, PA)

A: Much to the chagrin of unsuspecting Defendants out there, the police can use a degree of trickery to arrest, as long as that trickery does not violate due process and fairness. For example, they cannot use trickery to the extent that it causes someone who is not predisposed or inclined to commit a crime, to commit one. Your situation, yes, it is legal, unfortunately. Take your papers to an attorney. Perhaps you will have a defense and enjoy the last laugh.

My girl is a senior and up for expulsion

Q: What are my rights as a parent to a senior who is up for expulsion due to hearsay . She has never been in trouble before.

A:  Under most school codes, your daughter will given due process by having an expulsion hearing. Normally, at this hearing, the school solicitor is involved. He may call school personnel or other persons as witnesses. You will have the opportunity at this point, of raising a defense by presenting witnesses or documents or having your daughter testify. I would review all the facts with an attorney and see if it is worth fighting. There are attorneys who handle school code issues, although not many.


Q: Can a judge change a sentence after imposed? Hello I was just wondering if a judge sentenced someone to a max date on a parole violation and stated defendant should be incarcerated until that max date is it possible to go and change that to a later date while the defendant is still in prison. (Pittsburgh, PA)

A: In common terms, it is called double jeopardy if a judge, all by himself, without having a hearing with due notice to all parties, resentences someone after they have been initially sentenced. You need to talk to a local criminal defense lawyer as there is much case law on what constitutes the correction of an errant sentence as opposed to what constitutes a change of a sentence which crosses the line to double jeopardy.