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. 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  If Defendant complies, all charges will be Withdrawn after the 90 day probationary period.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. 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.            

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.