Wednesday, November 27, 2013

Commonwealth v. C.W. (Expungement of Summary Convictions)

Client, an out of state resident, contacted our office when convictions of Summary Charges from 2001 were causing problems for him in his profession.  Client stressed the urgency of having these removed from his record.

Attorney Paletta filed a Petition for Expungement of Summary Convictions with the Allegheny County Court of Common Pleas.  The Petition was Granted and the case was removed from Client’s record.

Commonwealth v. S.F. (2 Possession w/ Intent to Deliver Cases)

Commonwealth v. S.F. (2 Possession w/ Intent to Deliver Cases)


A fellow Attorney who represented Client at his Preliminary Hearings of these 2 drug cases, contacted Attorney Paletta to discuss Client’s situation & the possibility of having Attorney Paletta represent Client at the prosecution of these 2 cases.  

Following teleconferences & meetings, this Client retained Attorney Paletta for both of his drug cases.  


Case #1 -

Charges Include the following:  

Prohibited Acts: Possession with Intent to Deliver - Schedule I-IV (Two Bundles of white small envelopes commonly used for packaging Heroin. - 47 individually wrapped bags of Heroin)
Numerous other Prohibited Acts
Possession of a Controlled Substance
Driving while Oper. Priv. suspended or revoked
Operation of vehicle without official certificate
 

Case #2 -

Charges Include the following:  

Prohibited acts- Possession with Intent to Deliver - Schedule I-IV (124 empty stamp bags of heroin)
Numerous other Prohibited Acts, T
amper with/Fabricate Physical Evidence


Client was charged with both of the above cases from two different alleged incidents both being on different dates, and both by different arresting agencies.

Attorney Paletta managed to get both cases scheduled before the same Judge & with the same District Attorney so they could both be heard at the same time.  

Attorney Paletta and the District Attorney worked together to come up with a plea that Client was happy with, and which no jail time was involved.  

Client received PROBATION for a plea on two Possession with intent to deliver (P.W.I.D.) cases.  

Commonwealth v. C.M.

Commonwealth v. C.M. (D.U.I. Charges)


Pittsburgh Police Officers responded to the location of a vehicle accident. Upon arrival, Officers met with an Client who was standing outside of a his wrecked vehicle.  Officers noticed a strong odor of alcohol and asked Client to submit to Field Sobriety Tests.  Client complied.  Officers arrested Client for suspected D.U.I.  Client was then transported to the Police Station where he was given a Breathalyzer test which yielded results of .254 & .258.  Client was then transported to Allegheny County Jail


Client was charged with:
75§3802§§A1 - Driving Under the Influence of Alcohol  
75§3802§§C - Driving Under the Influence of Alcohol - BAC


Following the Preliminary Hearing at Pittsburgh Municipal Court, Attorney Paletta requested that the District Attorney's Office consider Client for admission into the Accelerated Rehabilitative Disposition (A.R.D.) Program.
At the Formal Arraignment, Client was offered admission into the A.R.D. Program.  Client accepted the terms and conditions of A.R.D., which were as follows:  12 months non-reporting probation, Drug & Alcohol evaluation, Safe Driving Classes, and a 60 day license suspension. With successful completion of all terms and conditions of the program, all charges Client was charged with are to be expunged.  There is no conviction or Guilty Plea to any charges, including the D.U.I.  


Commonwealth v. A.S. (Expungement of Felony Charges)

Commonwealth v. A.S. (Expungement of Felony Charges)


Attorney Paletta represented Client on this criminal prosecution.  Client, a business professional, was charged with a FELONY - Forgery-Alter Writing.  Attorney Paletta acheived a DISMISSAL of this case at the Preliminary Hearing before District Judge Mary P. Murray.


Even though a Dismissal of the case was a huge win, Attorney Paletta advised client that he should move forward with an Expungement of his case as soon as possible, to lessen the likelihood of this case causing any problems for him in the future.  Attorney Paletta explained that without an Expungement, all records of this case would still exist and the case would show up on a Criminal Background check.  


Client retained Attorney Paletta for the Expungement of this case.  Attorney Paletta filed the Expungement Petition, which was later Granted.  Client received an Order of Court that orders all records of this matter be destroyed.

Tuesday, October 15, 2013

Commonwealth v. D.M. - (Preliminary Hearing - Misdemeanor 2 charges)

Commonwealth v. D.M. (Preliminary Hearing)
Charge/Violation:     

18 § 2701 §§A1 - Simple Assault - (Misdemeanor 2)
18 §2705 - Recklessly Endangering Another Person - (Misdemeanor 2)
                               
Case Summary:
            According to the Affidavit of Probable Cause in this case, Washington Township Police were dispatched to a woman's home to check on her. Upon arrival Police observe blood and force entry into the residence. While Police were checking the residence, Defendant arrived at the scene. Washington Township Police then contacted the Pennsylvania State Police to take over the investigation. Pennsylvania State Police interviewed Defendant and later filed charges. Defendant contacted Attorney Paletta for representation at the Preliminary Hearing of this case.
Disposition:  
        At Defendant's Preliminary Hearing in Fayette County, Attorney Paletta worked out an agreement with the District Attorney &  the State Trooper. Defendant plead guilty to a Summary Harassment charge, which was moved to a lower court and assigned a Non-Traffic (NT) docket. All other charges (both Misdemeanor 2's) were Withdrawn.

        This disposition opens up the possibility of an Expungement, which if Granted, would mean that certain case information and records of this incident would be destroyed.

Commonwealth v. M.N. (Warrants, Faillure to Attend A.R.D. Hearing)

Commonwealth v. M.N. (Warrants, Failure to attend A.R.D. Hearing)
A former Client who was offered admission into the A.R.D. Program failed to appear at a scheduled A.R.D. Hearing before Judge Gallo. A Warrant was issued and Client faced the possibility of having his A.R.D. offer revoked, which meant that Client's case would proceed to trial and he would risk having a conviction of these charges on his record.
Client was charged with:

75§3802§§A1 - Driving Under the Influence of Alcohol  
75§3736§§A - Reckless Driving

Parents of this Client contacted Attorney Paletta for assistance with the situation. Attorney Paletta explains to Parents & Client that this is a very urgent matter since an active Warrant exists. With an active Warrant, Client risks being picked up in his home state and held in jail until Allegheny County makes transportation arrangements to pick him up and transport him to the Allegheny County Jail. Parents of Client retain Attorney Paletta to help resolve this situation. Attorney Paletta then met with the District Attorney's Office and was able to negotiate re-admission into the Accelerated Rehabilitative Disposition (A.R.D.) Program. Arrangements were made to accelerate the process and work everything out so that Client was able to travel into Pittsburgh and accomplish everything in one trip. Attorney Paletta managed to arrange it so that upon arriving in Pittsburgh, Client would turn himself in on, go before a Judge to have the Warrant lifted, and finally go before Judge Gallo to be formally re-accepted into the A.R.D. Program.

Commonwealth v. M.N. (DUI)

Commonwealth v. M.N. (D.U.I. Charges)
Pittsburgh Police Officers were dispatched to the Rivers Casino for a male driving a wrecked vehicle in the Casino Parking Garage. Upon their arrival, Officers were greeted by Rivers Security Supervisor who explained that Valet Parking employees contacted the Security Department to inform them that a male drove a vehicle with heavy damage and no front drivers side tire into the parking garage. After speaking with Security, Officers enter the garage to speak with the male driver. Officers noticed a strong odor of alcohol and asked Client to submit to Field Sobriety Tests. Client refused to do anything until speaking with an attorney. Officers arrested Client for suspected D.U.I. Client was then transported to the Police Station and refused to submit a breath sample. Client was then transported to Allegheny County Jail
Client was charged with:

75§3802§§A1 - Driving Under the Influence of Alcohol
75§3736§§A - Reckless Driving
Following the Preliminary Hearing at Pittsburgh Municipal Court, Attorney Paletta requested that the District Attorney's Office consider Client for admission into the Accelerated Rehabilitative Disposition (A.R.D.) Program.
At the Formal Arraignment, Client was offered admission into the A.R.D. Program.  Client accepted the terms and conditions of A.R.D., which were as follows:  12 months non-reporting probation, Drug & Alcohol evaluation, Safe Driving Classes, and a 60 day license suspension. Client, an individual who resides outside the state of Pennsylvania, was permitted to complete the requirements within his home state. With successful completion of all terms and conditions of the program, all charges Client was charged with are to be expunged. There is no conviction or Guilty Plea to any charges, including the D.U.I.  
Paletta Law

Wednesday, May 22, 2013

Commonwealth v. F.B. (Expungement)

Client came to Attorney Paletta looking to have an Expungement of a case which was effecting employment opportunities.  The charges were:

2 Simple Assaults
1 Misdemeanor - Recklessly Endangering Another Person
Summary - Harassment
Theft by Unlawful Taking

Attorney Paletta filed a Petition for Total Expungement.

The Petition was granted and the case was removed from Client's record.

Commonwealth v. J.F. (D.U.I.)

Commonwealth v. J.F. (D.U.I.) 

Case Facts:

According to the Affidavit of Probable Cause, police observed Client in his vehicle leaving Shenanigans Bar heading North on Babcock Blvd.  Police claim Client's vehicle swerved numerous times and changed lanes without proper signaling.  Police initiate a traffic stop, conduct field sobriety tests and transport Client to UPMC Passavant for blood testing.  Client was charged with Driving Under the Influence of Alcohol/Controlled Substance.

Disposition:

Client was accepted into the Allegheny County A.R.D. Program.  Conditions of A.R.D. included 6 months non reporting probation, safe driving classes and a 30 day license suspension.  

Following the completion of the A.R.D. program, Client's record will be expunged.

Commonwealth v. R.R. (D.U.I.) -

Commonwealth v. R.R. 

Case Information:  

Police responded to a non-reportable accident in Baldwin Borough and charged Client with Driving Under the Influence of Alcohol.

Disposition:

Client was admitted into the Allegheny County Accelerated Rehabilitative Disposition (A.R.D.) Program.  Conditions/Requirements of A.R.D. included 12 months non-reporting probation, Safe driving classes and a 60 day license suspension.  

Once all conditions of A.R.D. are completed, this case will be Expunged from Client's record.  

Thursday, March 21, 2013

Indecent Assault - Dismissed


Date:     1/28/13
Commonwealth v. A.C.

Charges:              18§3126§§A1 – Indec. Assault-W/O Cons. Of Other        

Facts:               After “victim” made reports to Monaca Police, Defendant, a business owner in Beaver County was charged with Indecent Assault without consent.  
                        
                        Attorney Paletta planned his defense strategy by obtaining surveillance video, interviewing, and subpoenaing witnesses to attend and testify at Defendant’s Preliminary Hearing.
                        
                        Following two previous postponements by the Commonwealth and District Attorney’s Office, a final Preliminary Hearing was held on January 28, 2013, in Beaver County Central.


Disposition       At the conclusion of the Preliminary Hearing the District Judge Dismissed all charges against Defendant. 

Possession, Conspiracy to Manufact, Deliv, Poss. W Intent.


Date: 3/8/13
Commonwealth v. C.W.


Charges:              2 counts - 35§-780-113§§A16 – Poss. Contr. Substance – Misdemeanor
                           2 counts - 35§-780-113§§A32 – Use/Poss. of Drug Paraph. – Misdemeanor
                           1 count – 18§903§§C - Conspiracy – Manufacture,  Deliv, Or Poss. W Intent – Felony
                           1 count – 35§780-113§§A30 – Manufacture, Deliv, or Poss. W Intent - Felony
                               
Facts:               After executing a search warrant, Defendant, who was a college student residing on campus at the University of Pittsburgh, was charged by University of Pittsburgh Police, with the above criminal charges.  After collecting many items and listing them as evidence, the University of Pittsburgh Police arrested Defendant and transported him to the Allegheny County Jail.   Immediately following this, Defendant was asked to vacate the University of Pittsburgh and not permitted to return to classes until the disposition of the case. 
                        
                        Attorney Paletta and Defendant worked together to compose a defense strategy that was acceptable to Defendant.   Prior to the Defendant’s Preliminary Hearing, Attorney Paletta was in contact with the Assistant District Attorney handling the case at Pittsburgh Municipal Court and discussed options available to Defendant including E.D.P. court.       

Disposition          At the Preliminary Hearing, Defendant received an offer for E.D.P. court.  Defendant agreed to plead Guilty to the Misdemeanor charges and received Probation on each.  In exchange for this, each of the Felony charges against Defendant were Withdrawn.  After completion of Probation, Defendant’s record is to be expunged.

Sunday, January 20, 2013

Commonwealth v. H.B. - Parole & Probation Violation


Commonwealth v. H.B.
Parole & Probation Violation


Defendant contacted Attorney Paletta to assist him with an upcoming Parole and Probation Violation Hearing that was issued due to failing to pay the required amount of Restitution in a timely fashion.

 Attorney Paletta and Defendant attended the Hearing with documentation proving Defendant’s employment.  The Court agreed to allow Defendant to continue Probation as long as Defendant continues to pay the required amount of Restitution.

Com. v. M.M. - Poss. Controlled Substance


Commonwealth v. M.M.

Drug Charges

 
Defendant was charged with violating:

35§780-113§§A16 – Int. Poss. Controlled Substance By Person Not Reg. -Misdemeanor

At the Preliminary Hearing in Pittsburgh Municipal Court, Attorney Paletta worked with the District Attorney to allow Defendant admittance into E.D.P. Court. 
 
Defendant was admitted into E.D.P. Court and given an offer of 6 months Probation Without Verdict. 
 
After successfully completing the probation period, Defendant’s case will be Expunged.

Commonwealth v. P.T. - Possession


Commonwealth v. P.T.

Charges:   35§780-113§§A31 – Possession of Marijuana - Misdemeanor 

Defendant came to Attorney Paletta seeking representation for the Preliminary Hearing of this case.  

Together, Defendant and Attorney Paletta formulated a plan of defense and self improvement, and worked that plan up until the day of trial.  On that day, because of the plan, the District Attorney agreed to a continuance of the Preliminary Hearing for Defendant to continue with the self improvement plan that was formulated including Community Service.  On the date of the next Hearing, Defendant presented verification reflecting completed requirements and the District Attorney agreed to withdraw the prosecution.