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.