Commonwealth v. J.S. (Drug Charges)

Case Facts:

Client, a college student, was charged in Butler County with the following:
Misdemeanor - Marijuana-Small Amount-Personal Use
Misdemeanor - Use/Possession of Drug Paraph.
Summary - Disorderly Conduct.

If convicted of the above charges, client risked losing grants and scholarships awarded for education.

Disposition:

At the Preliminary Hearing, Attorney Paletta worked with the Assistant District Attorney and Police Officer to arrange the following plea bargain:

If Client agreed to undergo a Drug and Alcohol Evaluation and also agreed to follow through with any recommended treatment, the Misdemeanor Dug Charges would be Withdrawn and the Summary Offense would be moved to Non-traffic Court (a lower court).   After hearing the plea bargain, the District Judge agreed to postpone the case for a Status Conference in 60 days if Client provided proof of an evaluation and  any treatment that was completed as a result.  Client agreed and underwent an evaluation.

At the scheduled Status Conference, Attorney Paletta and Client provided the necessary proof to the District Judge, Assistant District Attorney and Officer.  The Misdemeanor charges were Withdrawn and the Summary offense was moved to Non-Traffic Court.

Client is now working with Attorney Paletta to have this case Expunged.

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. 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.  

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.

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.

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.