Commonwealth v. A.S. (Possession - Misdemeanor)

Commonwealth v. J.S. (Drug Charges)

Client was charged with:

35 780-113(A)(16) -2 counts of Prohibited Acts - Possession - Misdemeanors

35 780-113(A)(31) -1 count - Prohibited Acts - Misdemeanor

35 780-113(A)(32) -1 count Prohibited Acts - Misdemeanor

Facts of case according to the Criminal Complaint & Affidavit of Probable Cause:

An undercover plain clothes Detective was operating an unmarked police vehicle when he noticed an occupied vehicle sitting behind a gas station for over ten minutes.  When the vehicle pulled out, the Detective followed the vehicle until it pulled into a business and parked.  The Detective approached the passenger side window of the vehicle and noticed an open alcoholic beverage in the cup holder and a metal Marijuana smoking pipe on the front seat.  Detective then identified himself to driver/Client and placed him under arrest.  A bag located on the front seat contained a pill bottle which had several “Roaches” and loose suspected Marijuana.  Another bag was on the back seat, which contained a pill bottle having a small zip lock bag with a foil wrapped suspected LSD blotter(s), in addition to another plastic bag containing suspected Cocaine.  

Client came to Attorney Paletta for representation on this case.  Attorney Paletta & Client strategized a plan that involved Client achieving certain goals & accomplishments before his Preliminary Hearing to lessen the chances of jail time & reduce the risk of Felony Charges being added.  At the Preliminary Hearing before District Judge Blaschak, Attorney Paletta worked together with the Detective & the District Attorney to attempt to resolve this case in the best way possible for Client.  After discussing this with the Detective & District Attorney, Attorney Paletta felt that it would be best to ask for a continuance, which was Granted.  On the date of the following Preliminary Hearing, Attorney Paletta & Client achieved the following disposition:

WITHDRAWN 35 780-113(A)(16) -2 counts Prohibited Acts-Possession - Misdemeanors

WITHDRAWN 35 780-113(A)(31) -1 count - Prohibited Acts - Misdemeanor

WITHDRAWN 35 780-113(A)(32) -1 count Prohibited Acts - Misdemeanor

In exchange for ALL ORIGINAL CHARGES BEING WITHDRAWN, Client plead guilty to a SUMMARY DISORDERLY CONDUCT, which was moved to lower/Non-Traffic Court.

Commonwealth v. M.G. - (Preliminary Hearing - Drug Charges)

Commonwealth v. M.G. (Drug Charges - Preliminary Hearing)

Charge/Violation:      35 § 780-113 §§A16 - Prohibited Acts - Possession - (Misdemeanor)
                                35 § 780-113 §§A31 - Prohibited Acts - (Misdemeanor)
                                35 § 780-113 §§A32 - Prohibited Acts - (Misdemeanor)

                                                                   

Case Summary:

           

            Pittsburgh Police were called to Radio Shack to investigate a report made by an unidentified customer claiming that a man in a black shirt and green pants was stealing things. Upon their arrival, Officers asked the man (Client) to come to the front of the store to speak with them (the man was pointed out to Officers  by the store clerk). During interaction with the Officers, Client stated that he didn't take anything and put his arms up as gesture for them to look.

        Officers search the Client and find a small amount of marijuana in the left front pocket.  Officers also find a yellow unmarked pill bottle containing 18 pills of Alprazolam and a small black metal marijuana pipe. Client explained that he did in fact have a valid Rx for the pills but didn't have a copy of the Rx with him. Officers contacted poison control who verified that the pills inside the bottle were in fact Alprazolam. Officers found no stolen items on suspect's person.  Suspect was informed that he would receive a summons due to the small amount of marijuana, pipe and pills.

        Client retained Attorney Paletta for representation at his Preliminary Hearing in Pittsburgh Municipal Court. Attorney Paletta requested that Client provide a copy of the Rx prior to the Preliminary Hearing, and suggested that he begin some community service as a part of their defense strategy.

       

Disposition:

        At the Preliminary Hearing in Pittsburgh Municipal Court, an agreement was made that required Defendant to complete 20 hours of Community Service;  upon successful completion the charges would be Withdrawn.  The Judge then agreed to continue the Preliminary Hearing and follow up with a Status Conference in 30 days, at which time Attorney Paletta presented proof to the District Judge and to the Assistant District Attorney that Defendant had successfully completed the 20 hours of Community Service. The Assistant District Attorney agreed to a full Withdrawal of the case and the District Judge consented.

        THE CASE AGAINST DEFENDANT WAS WITHDRAWN and is now eligible for an Expungement.

Commonwealth v. J.G. (Preliminary Hearing - Simple Assault, Resisting Arrest, Drug Charges)

Commonwealth v. J.G.

(Preliminary Hearing - Simple Assault, Resisting Arrest, Drug Charges)

Mother of Defendant contacted Attorney Paletta upon learning that her son was charged with the following:

        18 § 2701 §§ A3 - Simple Assault - Misdemeanor 2

        18 § 5104  - Resist Arrest/Other Law Enforce - Misdemeanor 2

        35 § 780-113 §§ A31 - Poss Of Marijuana  - Misdemeanor

        35 § 780-113 §§ A32 M Use/Poss Of Drug Paraph - Misdemeanor

 

Outcome:

       Attorney Paletta gained the consent of the District Attorney and Police Officer to the following agreement: Defendant was to complete certain requirements and provide proof of completion. Upon successfully completing these requirements, and Defendant entering a Guilty Plea to a Summary Disorderly Conduct, which would be moved to lower court, all original charges would be Withdrawn.

                    Defendant completed all requirements. All four charges, (two Misdemeanor-2's and two Misdemeanors) were Withdrawn, Defendant plead guilty to a Summary Disorderly Conduct which was moved to a lower court-making the original charges Expungable.

Commonwealth v. D.M. - (Preliminary Hearing - Possession of Marijuana)

Commonwealth v. D.M. (Preliminary Hearing)

Charge/Violation:     35 § 780-113 §§A31 - Possession of Marijuana - (Misdemeanor)

                                35 § 780-113 §§A32 - Use/Poss of Drug Paraph - (Misdemeanor)

                                                               

Case Summary:

            Robinson Township Police served an Arrest Warrant on Defendant at Defendant's residence. Upon serving the Warrant, police allegedly observe a small water-bong and 4 small bags of Marijuana sitting in plain-view on a bedroom dresser. Defendant then states that the Marijuana and bong belong to him and signs a consent to search form. Officers search Defendant's bedroom and find no further contraband. Defendant contacted Attorney Paletta for representation.

Disposition:  

        At the Preliminary Hearing before District Judge Swearingen, Defendant entered a Plea Bargain to a Summary Disorderly Conduct offense which was moved to a lower court. The original charges that Defendant was charged with - two Misdemeanor - Possession charges, were WITHDRAWN and are now eligible for an Expungement.

Commonwealth v. M.B. - (Preliminary Hearing - Possession)

Commonwealth v. M.B. (Preliminary Hearing)

Charge/Violation: 35 § 780-113 §§A16 - Int Poss Contr Subst By Per Not Reg - (Misdemeanor)

                                                               

Case Summary:

            Pittsburgh Police charged Defendant with Possession of a Controlled Substance.  In fear of losing his job and causing problems in his career, Defendant contacted Lawyer Paletta for representation at the Preliminary Hearing of this case.

Disposition:  

        At the Preliminary Hearing in Pittsburgh Municipal Court, an agreement was made - that required Defendant to complete 25 hours of Community Service;  upon successful completion of all requirements, the charges would be Withdrawn.

        The Preliminary Hearing was continued and a Status Conference was to follow in 90 days. At the next Preliminary Hearing/Status Conference, Attorney Paletta presented proof to the District Judge and the Assistant District Attorney that Defendant had successfully completed the 25 hours of Community Service.  The Assistant District Attorney completed and submitted a full Withdrawal form to District Judge Ricciardi.

        THE CASE AGAINST DEFENDANT WAS WITHDRAWN and now eligible for an Expungement.

Commonwealth v. J.W. (DUI)

Commonwealth v. J.W. (D.U.I. Charges)

Client was pulled over by Coraopolis Police after traveling the wrong direction on Fourth Avenue. According to the Criminal Complaint, Officers noticed a strong odor of alcohol while speaking with Client.  Officers administered Field Sobriety Tests and Client was transported to Sewickley Valley Hospital for blood tests.

Client was charged with:

75§3802§§A1 - Driving Under the Influence of Alcohol  

75§3308§§B - One way roadways and Rotary Traffic Islands

Following the Preliminary Hearing before District Judge Mary P. Murray, 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.L. (Drug Charges)

Case Information:

Client came to Attorney Paletta upon receiving the following charges:

Misdemeanor - Possession of Controlled Substance By Person Not Reg.
Misdemeanor - Possession of Marijuana
Misdemeanor - Use/Poss. Drug Paraph.
Summary - Duties at Stop Sign
Summary - Disorderly Conduct

Disposition:

At the Preliminary Hearing of this case, the District Attorney offered Client The Expedited Disposition Plea (EDP) program.  Because Client would face problems with his employment if the case was not disposed of properly, Attorney Paletta attempted to negotiate a plea bargain to a Summary Disorderly Conduct instead of accepting the EDP offer.

The District Attorney agreed to a plea bargain of a Summary - Disorderly Conduct and all other charges were Withdrawn.

Client is working with Attorney Paletta to have this case Expunged from his record.