Com. v. D.D. - Preliminary Hearing - DRUG CHARGES

Commonwealth v. D.D. (Preliminary Hearing)

Charge/Violation:    

 

                                35 §780-113 §§A16 - Possession Cont. Substance - (Misdemeanor)

                                        75 §3334 §§A - Turning Movements and Required Signals

                                     (Summary)

                                75 §4303 §§B - No Rear Lights - (Summary)

                                18§ 5503 §§A4 - Disorder Conduct Hazardous/Physi. Off. - (Summary)

 

Disposition:  At the Preliminary Hearing, Attorney Paletta worked out an agreement with the District Attorney and the Officer.  Defendant plead guilty to 1 count of Disorderly Conduct, which was moved to a Non-Traffic docket.  All other charges, including the Possession of a Controlled Substance, were Withdrawn.

Com v. M.M. (DUI)

Commonwealth v. M.M. (ARD Hearing - DUI)

Case Summary:  Defendant  was pulled over on the basis of allegedly failing to stop at a red light.  Subsequently he was charged with Driving Under the Influence of Alcoholand Careless Driving.  

Disposition:  Defendant was admitted into the Accelerated Rehabilitative Disposition (A.R.D.) Program.  After completing all necessary requirements and conditions of the Program, Defendant's case will be Expunged.  No Conviction.

Com. v. B.M. - DUI Charges (ARD HEARING)

Commonwealth v. B.M. (ARD Hearing - DUI)

Case Summary:  Defendant was involved in a 1 vehicle crash and subsequently charged with Driving Under the Influence of Alcohol.  

Disposition:  Defendant was admitted into the Accelerated Rehabilitative Disposition (A.R.D.) Program.  After completing all necessary requirements and conditions of the Program, Defendant's case will be Expunged.  No Conviction.

Com v J.G. (Trial) - DUI 2nd Offense, Simple Assault, Agg. Assault

Commonwealth v. J.G. (Trial)

Charge/Violation:     

75 §3802§§A1 -Driving Under Influence of Alch. Or Controlled Substance                                                                                     -2nd Offense   (Misdemeanor 1)

75 §3802§§A1 -Driving Under Influence of Alch. Or Controlled Substance -1st Offense      (Misdemeanor)

18§2701 §§A1 - Simple Assault. - (Misdemeanor 2)

18§2701 §§A1 - Simple Assault- (Misdemeanor 2)                                                              75§3323 §§B - Duties at Stop Signs - Yield Signs (Summary)

75§3714 §§A - Careless Driving - (Summary)

18§2702 §§A2 - Aggravated Assault. - (Felony 1)

18§2702 §§A2 - Aggravated Assault- (Felony 1)     

18§5104 - Resist Arrest/Other Law Enforce. - (Misdemeanor 2)

                                   

Case Summary:  Defendant's vehicle was stopped after allegedly running a stop sign.  Defendant was charged with assaulting a police officer, driving under the influence and numerous other traffic offenses (see above.)

Disposition:  At Defendant's Preliminary Hearing before the Honorable Robert L. Ford, Attorney Paletta was successful at getting the two Felony charges for Aggravated Assault against an Officer withdrawn.  He also managed to get the Misdemeanor - Resisting Arrest withdrawn.

At Defendant's Non-Jury Trial before the Honorable Anthony M. Mariani, Defendant plead guilty to the DUI charges and the 2 counts of Simple Assault.  Defendant received probation, community service and a $1,500 fine.   All other charges including those charged as Felony offenses were Withdrawn.

Com. v. D.S. (Expungement)

9/19/12

Commonwealth v. D.S. (Expungement)

Case Summary:

In 2006 Defendant was charged with numerous violations including Felony Aggravated Assault, Recklessly Endangering another Person, Possession With Intent to Deliver and Reckless Driving.  Following  a Non-Jury Trial, in exchange to a Guilty Plea to a Simple Assault -Mutual Consent Fight, all remaining charges against Defendant were Withdrawn. 

This Client contacted Attorney Paletta for assistance Expunging this Criminal Record.   Having this case show up on this Clients Record was having a negative impact with employment opportunities.   Attorney Paletta filed a Petition for Partial Expungement. 

The Petition was Granted and all charges that were Withdrawn were successfully Expunged from this Clients Record.

Com v G.G-C (Preliminary Hearing) - Drug Charges

9/25/2012

Commonwealth v. G.G-C. (Preliminary Hearing)

Charge/Violation:      35 §780-113 §§A31- Possession of Marijuana - (Misdemeanor)

                                                35 §780-113 §§A32- Use/Possession of Drug Paraph. - (Misdemeanor)

                                    18§ 6310.3 §§A - Carry False Identification Card (Minor). - (Summary)

                                    75 §4302 §§A1 - Period for Requiring Lighted Lamps - (Summary)

                                    18§ 5503 §§A4 - Disorder Conduct Hazardous/Physi. Off. - (Summary)

 

Case Summary:  Defendant, a student at the University of Pittsburgh, was charged with numerous crimes including Possession of Marijuana - a Misdemeanor offense. 

Disposition:  At the Preliminary Hearing in Pittsburgh Municipal Court, Attorney Paletta worked out an agreement with the District Attorney and the Officer.  Defendant plead guilty to 1 count of Disorderly Conduct, which was moved to a Non-Traffic docket.  All other charges, including the Misdemeanor offenses of Possession of Marijuana and Possession of Drug Paraphernalia were Withdrawn.

Com v. DM (Preliminary Hearing) Drug Charges

Commonwealth v. D.M. (Preliminary Hearing)

Charge/Violation:      35 §780-113 §§A16- Prohibited Acts - Possession ofControlled                                                                                          Substance(Heroin) - (Misdemeanor)

                                    35 §780-113 §§A32- Prohibited Acts - (Misdemeanor)

                                                75 §1332 §§B3 - Display Registration Plate - Obscuring Plate -                                                                                                 (Summary)

                                    75 §4107 §§A1 - Unlawful Activities - Violation of Vehicle Equipment                                                                                  Standard - (Summary)

 

Case Summary:  Defendant, a student at WVU, was charged with numerous crimes including Possession of Heroin - a Misdemeanor offense. 

Disposition:  At the Preliminary Hearing in Pittsburgh Municipal Court, Attorney Paletta worked out an agreement with the District Attorney and the Officer.  Defendant was given the option to take the -  Early Disposition Plea (EDP) program to receive six months Probation Without Verdict (PWV) for the Possession charge.  All other charges, were Withdrawn.

After the completion of this program, Defendant's record will be automatically Expunged.

Com. v. B.N. (Summary Trial) - Public Drunkenness

Commonwealth v. B.N. (Summary Trial)

Charge/Violation:  18 §5505 Public DrunkennessAnd Similar Misconduct

Case Summary:  Defendant was charged with Public Drunkenness and Similar Misconduct - Summary Offense.  Defendant feared this would jeopardize his career.

Disposition:  Defendant found Not Guilty.  

D.U.I. Charges - A.R.D. Program

10/5/12

Commonwealth v. B.H. (ARD Hearing - DUI)

Case Summary:  Defendant  was charged with Driving Under theInfluence of Alcohol and numerous other offenses.  

Disposition:  Defendant was admitted into the Accelerated Rehabilitative Disposition (A.R.D.) Program.  After completing all necessary requirements and conditions of the Program, Defendant's case will be Expunged.  No Conviction.



Com. v. P.F. (Preliminary Hearing)

10/3/12

Commonwealth v. P.F. (Preliminary Hearing)

Case Summary:  Defendant (a business professional)  was charged with a Misdemeanor 3 - Disorderly Conduct and a Summary - Harassment.  If convicted, Defendant's career could be jeopardized.

Disposition:  At the Preliminary Hearing before District Judge William K. Wagner, Attorney Paletta worked out an agreement with the District Attorney, and the Officer.  Defendant agreed to attend one Alcoholics Anonymous (AA) meeting per week for a 90 day period and to provide proof of this to the District Judge.  If Defendant complies, all charges will be Withdrawn after the 90 day probationary period.

Commonwealth v. A.N. (Drug Charges)

9/18/2012

Commonwealth v. A.N.

(Trial/Motion to Suppress)

Charge/Violation:   

 

                        1 count - Criminal Use of Communication Facility - Felony 3

                        2 counts –Possession with Intent to Deliver Controlled Substance–                                                2 Felony charges

                                    1 count – Possession of a Controlled Substance - Misdemeanor

                                    1 count - Criminal Conspiracy - Felony

Case Facts:  With the use of a Confidential Informant, Police allege that Defendant possessed with the intent to deliver, and in fact delivered, controlled substances (approximately 90 "OXYCODONE" pills)  to a Police Officer.  If convicted, Defendant would face a mandatory "jail-time" sentence.   

Verdict:  Attorney Paletta filed numerous Omnibus Pretrial Motions including a Motion to Suppress, alleging that the arrest of Defendant was unlawful and any evidence seized (controlled substances) or statements made by Defendant as a result, be suppressed.  Attorney Paletta also filed a Motion to Disclose Identity of Confidential Informant and Compel Appearance, requesting that the Commonwealth disclose the identity of the Confidential Informant and failure to do so would violate Defendant's constitutional right to confront witnesses against him.

The Commonwealth agreed to work out a plea bargain with Attorney Paletta for Defendant to plead guilty to certain charges that would only carry a sentence of 5 years probation and NO JAIL TIME .  In exchange for the guilty plea, ALL OTHER CHARGES AGAINST DEFENDANT WERE WITHDRAWN.

Commonwealth v. M.S. (Driving without License)

9/19/12

Commonwealth v. M.S. (Summary Conviction Appeal)

Charge/Violation:

                        75 §1501 §§A – Driving w/o License  - Summary

Disposition:

Attorney Paletta filed a Conviction Appeal for the above charge.  If found guilty, Defendant could face the possibility of incurring a 6 month suspension of their drivers license.  In order to avoid a license suspension, a plea bargain was made in exchange for pleading to 75§1511, the original charge would be Withdrawn.

Com v. M.P. (Petition for Return of Property)

9/19/12

Commonwealth v. M.P. (Petition for Return of Property)

Case Summary:

After having his weapons seized due to a Criminal Case which was eventually Withdrawn, this Client contacted Attorney Paletta for assistance with obtaining his property back.  Attorney Paletta filed a Petition for Return of Property.  A Hearing was held and an Order for the Property to be returned was signed.  Client was able to successfully retrieve his property.

Commonwealth v. E.I. (Exceeding Speed - Summary Trial)

7/30/12

Commonwealth v. E.I. (Summary Trial)

Charge/Violation:  75 §3362 §§A2-22 Exceeding Speed Limit by 22 MPH

Case Summary:  Defendant (who was employed out of state) was stopped for exceeding the speed limit by 22 miles per hour, If convicted, Defendant would incur  4 points to their Driver's License.   Defendant contacted Attorney Paletta to resolve the hearing without having to attend. 

Disposition:  Attorney Paletta arranged a plea bargain (without Defendant having to appear) to a lesser charge, 75 §3111 §§A which carried a lesser fine and no points.

Com. v. R.P. (Firearm charges - Murder, Felony, Misdemeanor)

7/16/12

Commonwealth v. R.P.

(Non-Jury Trial)

Charges: 

                        Attempt to Commit the Crime of Criminal Homicide – Murder

                        2 counts - Agg. Assault with Firearm (Handgun) – Felony

                        5 counts – Misdemeanors

Case Facts:   

Defendant was alleged to have shot the victim two times at close range with the intent to kill or cause serious bodily injury.

Verdict:

Following a Non-Jury Trial before the Honorable Anthony M. Mariani, Defendant was found NOT GUILTY of  Murder - Attempt to Commit Criminal Homicide, Aggravated Assault (intentionally causing injury with a firearm), NOT GUILTY of Robbery using a firearm, GUILTY of Aggravated Assault by recklessly causing serious bodily injury using a firearm, and GUILTY of numerous Misdemeanor crimes.  Sentencing has been scheduled for October 2012.

Com. v. R.R. (Summary Appeal)

7/17/12

Commonwealth v. R.R. (Summary Appeal)

Charge/Violation:

                        75 §3714 §§A – Carless Driving  - Summary

                        75 §3745 - Leaving Scene of Accident  - Summary

Disposition:

Attorney Paletta filed a Conviction Appeal for the two above referenced charges.  If found guilty on these two charges, Defendant would incur a suspension of their drivers license due to the assignment of points for these charges exceeding the number of points allowed.  In order to avoid a license suspension, a plea to an offense carrying no points or a not-guilty disposition for these two charges is necessary.  Following the conclusion of the Summary Appeal Hearing, Defendant was found Not Guilty on all charges and Defendant was no longer in jeopardy of incurring a license suspension.  

Commonwealth v. V.L. (Summary Trial)

6/19/12

Commonwealth v. V.L. (Summary Trial)

Charge/Violation:

                        75 §1543 §§B1 – Driving License Suspended/Revoked (DUI related)  - Summary

Disposition:

Following Defendant's Summary Trial, Defendant plead Guilty to a lesser charge - of violating §1543 §§A - Driving While Operating Privileges are Suspended/Revoked, which unlike the original violation charged, carried no jail time.        

Com v. D.H. (Drug Charges, Confidential Informant)

6/5/12

Commonwealth v. D.H.

(Non-Jury Trial)

Charges: 

2 counts – Manufacture, Delivery or Possession with Intent to Deliver – Felony

            1 count – Possession of a Controlled Substance - Misdemeanor

Case Facts:   

                       With the use of a Confidential Informant, Police allege that Defendant was involved in activity related to the above charges. 

Verdict:

The Commonwealth DISMISSED their case against Defendant and ALL CHARGES WERE NOLLE PROSSED.  Defendant was not convicted of any crime.

Commonwealth v. L.K. (DUI - 2nd Offense)

5/18/12

Commonwealth v. L.K. (Motion to Suppress)

Charge/Violation:

                        75 §3802 §§A1 – DUI: Gen Imp/Inc of Driving Safely  - Misdemeanor

                        75 §3802 §§A1 – DUI: Gen Imp/Inc of Driving Safely  - Misdemeanor

                        75 §3802 §§A1 – DUI: Gen Imp/Inc of Driving Safely  - Misdemeanor

                        75 §3802 §§A1 – DUI: Gen Imp/Inc of Driving Safely  - Misdemeanor

  75 §3301 §§D2 – DUI: Controlled Substance – Impaired Ability –                                                                                                        Misdemeanor

  75 §3714 §§A – Careless Driving – Summary

  75 §3802 §§A1 – Reckless Driving – Summary

Case Facts:  Police arrive at the scene of a motor vehicle accident in Allegheny County, Pennsylvania, and observe Defendant in an ambulance.  Defendant was transported to the hospital where asked to submit to a blood draw, which was refused.  Upon being released from the hospital, Defendant was immediately arrested for Driving Under the Influence, transported to the police station and administered the Field Sobriety Tests.  Defendant, already having an active DUI case, faced penalties for a Second Offense, in addition to a 1 year license suspension if found guilty. 

Verdict:  Attorney Paletta presented a Motion to Suppress, alleging that the arrest of Defendant was made without a warrant, Probable Cause or exigent circumstances. The Judge GRANTED Attorney Paletta’s Motion to Suppress with respect to all DUI charges.  The Commonwealth filed a Petition for Partial Nolle Prosse.  ALL DUI CHARGES AGAINST DEFENDANT WERE NOLLE-PROSSED/ WITHDRAWN. DEFENDANT PLEAD GUILTY TO THE CARELESS DRIVING – SUMMARY OFFENSE.  With these charges Withdrawn, Defendant was now eligible for admission into the A.R.D. program on the previous (First) DUI case.

Commonwealth v. D.D. (Speeding-School Zone)

5/8/12

Commonwealth v. D.D. (Summary Trial)

Charge/Violation:  75 §3365 §§B - SPEEDING IN SCHOOL ZONE

Disposition:  

Defendant accepted a Plea Bargain to violating § 3111 - Obedience to traffic-control devices, which carried no points.  In exchange, the violation at §3365§§B was Withdrawn.            

Commonwealth v. D.H. (Traffic Violation)

4/17/12

Commonwealth v. D.H. (Summary Trial)

Charge/Violation:  75 §3331 §§A - IMPROPER RIGHT TURN

Disposition:  

                        ALL CHARGES AGAINST DEFENDANT WERE WITHDRAWN

Commonwealth v. S.K. (DRUG CHARGES)

4/12/12

Commonwealth v. S.K. (Preliminary Hearing)

Charge/Violation:      35§ 780-113 §§ A31 - PROHIBITED ACTS - Misdemeanor

                                    35§ 780-113 §§ A32 - PROHIBITED ACTS - Misdemeanor

                                    75§ 3112 §§ A3l - TRAFFIC CONTROL SIGNS - Summary

Disposition:  

                        ALL CHARGES AGAINST DEFENDANT WERE WITHDRAWN/DISMISSED

Commonwealth v. K.M. (Speeding)

4/9/12

Commonwealth v. K.M. (Summary Trial)

Charge/Violation:  75 §3362 §§A3-31 Exceeding Speed Limit by 31 MPH

Case Summary:  Defendant was stopped for exceeding the speed limit by 31 miles per hour, which if convicted, would carry 5 points to their Driver's License in addition to a Departmental Hearing and Sanctions provided under Section 1538(d). 

Disposition:  Defendant entered a Guilty Plea to a lesser charge, 75 §3362 §§A3-5 Exceeding speed limit by 5 MPH, which carried a lesser fine and no points.

Commonwealth v. D.G. (Burglary-Felony3)

3/29/12

Commonwealth v. D.G. (Preliminary Hearing)

Charge/Violation:      18 § 3502 §§ C1 - BURGLARY - Felony 3

                                    18 § 3304 §§ A1 - CRIMINAL MISCHIEF - Misdemeanor 3

                                   

Disposition:  

            At the conclusion of the Preliminary Hearing, the Prosecution was Withdrawn.  All charges against Defendant were Withdrawn/Dismissed.

Commonwealth v. W.E. DUI/DWI/DAI

3/16/12

DUI/DWI/DAI

Commonwealth v. W.E. (Preliminary Hearing)

Charge/Violation:

75 §3731 §§A1 - DRIVING UNDER THE INFLUENCE OF ALCOHOL - Misdemeanor 2
75 §3731 §§A4I - ADULT DR W/BL ALCH. LEVEL .10%+ 1st Offense -                                                                                                                                        Misdemeanor
75 §1786 §§F -   OPER VEH W/O REQ'D FINANC. RESPONS. - Summary
75 §1501 §§A -  DRIVING W/O A LICENSE - Summary
75 §3308 §§B - DRIVE WRONG WAY - Summary

Case Summary:       

A Criminal Complaint was filed against Defendant in 2000.  On the day of the initial Preliminary Hearing, Defendant was told by the court that the Preliminary Hearing would be rescheduled and that they would send out a Notice of new Preliminary Hearing date.

Charges were filed against Defendant on an unrelated matter in 2012.  At the Arraignment of the 2012 charges, (approximately twelve years after the Criminal Complaint was filed in 2000) Defendant was notified that a Bench Warrant existed for failing to appear on an active/pending 2000 case.  Defendant presented himself in front of the issuing authority for the 2000 charges and a Preliminary Hearing date was scheduled.  . 

Disposition:              

                        ALL CHARGES AGAINST DEFENDANT WERE DISMISSED

Commonwealth v. J.M. (Motion to Suppress) DUI/DAI/DWI

3/2/12

Commonwealth v. J.M. (Motion to Suppress)

Charge/Violation:

75 §3802 §§A1 - DRIVING UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE - Misdemeanor

75 §3802 §§C - DRIVING UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE - Misdemeanor

75 §3361 §§A - DRIVING VEHICLE AT SAFE SPEED - Summary

Verdict: Attorney Paletta presented an Omnibus Pretrial Motion/Motion to Suppress, alleging that police did not have reasonable suspicion to stop the vehicle. This Motion was granted. The Commonwealth did not proceed on the case and filed a Petition for Nolle Prosse. ALL CHARGES AGAINST DEFENDANT WERE NOLLE-PROSSED/ WITHDRAWN

Motion to Suppress - DRIVING UNDER THE INFLUENCE (DUI/DWI/DAI)

Commonwealth v. M.K. (Motion to Suppress)

Charge/Violation:

                        75 §3802 §§A1 - DRIVING UNDER THE INFLUENCE OF ALCOHOL OR                                                                           CONTROLLED SUBSTANCE  - Misdemeanor

                        75 §3802 §§C -   DRIVING UNDER THE INFLUENCE OF ALCOHOL OR                                                               CONTROLLED SUBSTANCE  - Misdemeanor

                        75 §3301 §§A -   DRIVING ON THE RIGHT SIDE OF ROADWAY - Summary

Case Facts:  Police initiate a traffic stop of Defendant's vehicle based upon their observation that the vehicle traveled with half its width into the opposite lane of travel.    Police pursued the vehicle, which was stopped at a red traffic signal, approximately one-half mile from the location where Police first observed the vehicle.

Verdict:  Attorney Paletta presented an Omnibus Pretrial Motion/Motion to Suppress  alleging that police did not have reasonable suspicion to stop the vehicle.  This Motion was granted.  The Commonwealth did not proceed on the case and filed a Petition for Nolle Prosse.  ALL CHARGES AGAINST DEFENDANT WERE NOLLE-PROSSED/ WITHDRAWN

Preliminary Hearing - Criminal Mischief

Commonwealth v. J.L. (Preliminary Hearing)

Charge/Violation:      18 § 3304 §§ A1 - CRIMINAL MISCHIEF - Misdemeanor 2

                                    18 § 3304 §§ A1 - CRIMINAL MISCHIEF - Summary

                                    18 § 3304 §§ A1 - CRIMINAL MISCHIEF - Summary

Disposition:  A Plea bargain was made at the Preliminary Hearing.  Defendant plead Guilty to 2 Criminal Mischief - Summary Offenses, and agreed to pay Restitution & costs.  In exchange for this Guilty Plea, the Criminal Mischief - Misdemeanor 2 was withdrawn.

Preliminary Hearing - Terroristic Threats, Impersonating Public Servant, etc.

Commonwealth v. J.L. (Preliminary Hearing)

Charge/Violation:      18 § 2706 §§ A3 - TERRORISTIC THREATS - Felony 3

                                    18 § 4912 - IMPERSONATING A PUBLIC SERVANT - Misdemeanor 2

                                    18 § 5503 §§ A4 - DISORDERLY CONDUCT - Summary

Disposition:  A Plea bargain was made at the Preliminary Hearing.  Defendant plead Guilty to a Summary- Disorderly Conduct, and agreed to pay the minimum fine.  In exchange for the Guilty Plea, all other charges, including the Felony 3 and Misdemeanor 2 were withdrawn.

Summary Trial - Speeding

Commonwealth v. K.H. (Summary Trial)

Charge/Violation:  75 §3362 §§A2-32 Exceeding 55 MPH by 32 MPH

Case Summary:  Defendant was stopped for exceeding the speed limit by 32 miles per hour, which if convicted, would carry 5 points to their Driver's License in addition to a Departmental Hearing and Sanctions provided under Section 1538(d).  In addition to this, Defendant already carried points on their license so any conviction adding points, could lead to a license suspension.

Disposition:  Defendant was not convicted of  75 §3362 §§A2-32 - Exceeding 55 MPH by 32 MPH, instead, Defendant entered a Guilty Plea to a lesser charge, 75 §3362 §§A2-5 Exceeding 55 MPH by 5 MPH, which carried no points and no license suspension.