Commonwealth v. C.P. (Assault, Resisting Arrest, Criminal Mischief)

Commonwealth v. C.P. (Assault, Resisting Arrest, Criminal Mischief)

Client in this case was a younger hard-working individual supporting a family, who had a clean record.  Client was allegedly involved in certain incidents which led him to be charged with the following:

Criminal Mischief - M3

Resisting Arrest - M2

Recklessly Endangering Another Person - M2

Aggravated Assault - F2

Simple Assault - M2

CASE DISPOSITION :  

Attorney Paletta & Client worked together to develop a strategy for this case which was followed very closely by Client.  After many discussions with the Assistant District Attorney assigned to this case, Attorney Paletta was able to  have certain charges (those  charges restricting Client from entering into the A.R.D. Program) Withdrawn.  Client was accepted into  the A.R.D. Program.  After all terms and conditions of the program are successfully completed, this case will automatically be Expunged by the Court. and client’s record will remain clean.

Indecent Assault - Dismissed

Date:     1/28/13

Commonwealth v. A.C.

Charges:              18§3126§§A1 – Indec. Assault-W/O Cons. Of Other        

Facts:               After “victim” made reports to Monaca Police, Defendant, a business owner in Beaver County was charged with Indecent Assault without consent.  

                        

                        Attorney Paletta planned his defense strategy by obtaining surveillance video, interviewing, and subpoenaing witnesses to attend and testify at Defendant’s Preliminary Hearing.

                        

                        Following two previous postponements by the Commonwealth and District Attorney’s Office, a final Preliminary Hearing was held on January 28, 2013, in Beaver County Central.

Disposition       At the conclusion of the Preliminary Hearing the District Judge Dismissed all charges against Defendant. 

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.  

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. S.K. (DRUG CHARGES)

4/12/12

Commonwealth v. S.K. (Preliminary Hearing)

Charge/Violation:      35§ 780-113 §§ A31 - PROHIBITED ACTS - Misdemeanor

                                    35§ 780-113 §§ A32 - PROHIBITED ACTS - Misdemeanor

                                    75§ 3112 §§ A3l - TRAFFIC CONTROL SIGNS - Summary

Disposition:  

                        ALL CHARGES AGAINST DEFENDANT WERE WITHDRAWN/DISMISSED

Commonwealth v. D.G. (Burglary-Felony3)

3/29/12

Commonwealth v. D.G. (Preliminary Hearing)

Charge/Violation:      18 § 3502 §§ C1 - BURGLARY - Felony 3

                                    18 § 3304 §§ A1 - CRIMINAL MISCHIEF - Misdemeanor 3

                                   

Disposition:  

            At the conclusion of the Preliminary Hearing, the Prosecution was Withdrawn.  All charges against Defendant were Withdrawn/Dismissed.

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.

Summary Trial - Speeding

Commonwealth v. K.H. (Summary Trial)

Charge/Violation:  75 §3362 §§A2-32 Exceeding 55 MPH by 32 MPH

Case Summary:  Defendant was stopped for exceeding the speed limit by 32 miles per hour, which if convicted, would carry 5 points to their Driver's License in addition to a Departmental Hearing and Sanctions provided under Section 1538(d).  In addition to this, Defendant already carried points on their license so any conviction adding points, could lead to a license suspension.

Disposition:  Defendant was not convicted of  75 §3362 §§A2-32 - Exceeding 55 MPH by 32 MPH, instead, Defendant entered a Guilty Plea to a lesser charge, 75 §3362 §§A2-5 Exceeding 55 MPH by 5 MPH, which carried no points and no license suspension.