Tuesday, October 15, 2013

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

Commonwealth v. D.M. (Preliminary Hearing)

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.
        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 All other charges (both Misdemeanor 2's) were Withdrawn.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