Non-classified felonies are separated from first, second, and third-degree felonies.

What is a Non-Classified Felony?

Some of the felonies that are not classified include:

• First-degree murder
• Second-degree murder
• Manslaughter of the first degree of a law enforcement officer

Each non-classified felony carries its own sentence. For example, a person who is convicted of first-degree murder faces either death or life in prison. For second-degree murder, the punishment is life in prison.

Defenses for Unclassified Felonies

There are several defenses and methods of defending a person charged with an unclassified felony. Some are listed here with a brief explanation for each:

• Questioning the credibility of witnesses: Much of the time, the prosecution’s entire case rests on the testimony of one or two witnesses. If the accused’s attorney can give the jury reason to doubt that testimony, a conviction can be avoided.
• Questioning the investigative and interrogation tactics of the police: Police interrogate people they have charged with crimes with the intent of proving their guilt. Often, the tactics they use cause emotional and/or physical distress, and the accused will admit to whatever they want just to get them to stop. An attorney will prove that his client gave in to the inhumane pressure.
• Affirmative defenses: In certain cases, defenses such as self-defense and alibi defense are best, since the prosecutor has to prove guilt.

An Explanation of Crime Categories:

All crimes are divided into two categories: felonies, and misdemeanors. Both categories consist of serious crimes in the eyes of the Pennsylvania law. But, of the two, felonies are considered to be more serious, in part because the crimes that fall under this category tend to be associated with harsher punishments and higher fines.

Some of the crimes that are considered felonies include rape, kidnapping, and other severe crimes. However, not all felonies result in the same punishments, because this class of offense is further divided into three degrees, each of which has its own set of fines, jail terms, and other penalties. Still more felonies are unclassified.

Brief descriptions of felony degrees:

• First-Degree Felony – Crimes that fall under this category include rape, kidnapping, aggravated assault on a prison employee or police/court officer, and voluntary manslaughter. Penalties may include 12 years of imprisonment or a fine of $25,000.
• Second-Degree Felony – Crimes that fall under this category include crimes like burglary, sexual assault, and false imprisonment of a juvenile. The penalties may include 10 years of imprisonment or a fine of $25,000.
• Third-Degree Felony – Crimes falling under this category include promoting child prostitution, bribery and possessing child pornography. Penalties may include 7 years of imprisonment or a fine of $15,000.

How can a Criminal Lawyer in Pittsburgh Help You?

If you or a loved one has been charged with the commission of a non-classified felony, immediately contact one of our Pittsburgh criminal defense lawyers at our Pittsburgh firm We can provide you with all the detailed information you need, and will be able to help you prepare an excellent defense. Our lawyers will work with you to determine the most advantageous strategies for your case. Don’t wait to call; the longer you or your loved one go without representation, the harder it will be to mitigate your sentence to a lighter one.

For immediate help, contact Logue Law Group. Our reputable Pittsburgh criminal defense lawyer, Mr. Sean Logue, will help you solve issues such as these. He and his team of attorneys have the skill set and experience you need to assist you in lessening the criminal penalties you face. Give us a call at 412.387.6901, 412.387.6901, or 412.387.6901 now. Or, we can be contacted online here.

Logue Law Group serves Pittsburgh and its surrounding areas, as well as Ohio and West Virginia.

To Learn More About Pittsburgh, Pennsylvania, Offense Classes and Gravity Scores

Offense classes and gravity scores are properly defined under the Pennsylvania Criminal Code under Title 204, Chapter 303.

Two charges that Carson faced were dismissed.

Karson had been accused of misusing his position as district attorney to change the outcome of traffic and criminal cases that involve a woman he was allegedly having an affair with.

Karson took the witness stand and insisted he was only trying to help the woman. He said he was not involved with her romantically and did not break the law.

At the trial, Tonya Bulboff was one of the main witnesses. She was questioned repeatedly about her relationship with the district attorney and about using the word "intimate" when she testified in front of a grand jury.

Allegedly, Karson tried to get charges dismissed against Bulboff many times. One of those times, she had been charged with forging checks. Other cases involved car crashes where Karson helped her avoid drunk driving charges by taking her away from the scene. According to a grand jury, Karson kept Bulboff from going to jail multiple times, using his power as District Attorney to do so.

Also described at the trial was an incident where Bulboff, in the street in her underwear, yelled profanities at or about Karson.

Though Bulboff denied having a romantic or sexual relationship with Miles Karson, the prosecution played a passionate 2017 call to Karson from the jail, where Bulboff said that she had not cheated with anybody. The prosecutors implied, based on those words, that she had a close relationship with the district attorney.

Bulboff blamed another man, named Jim Combine, for her actions, and described being responsible for repaying $30,000 that she had stolen from her employer, along with time spent in jail. Bulboff stated that Combine told her they could make lies up about Karson and blackmail him.

Bulboff admitted that she was a recovering addict.

Bulboff’s testimony was four hours long. She described her problems with drugs and the trouble that she got into because of them. She also said she repeatedly played the victim.

When he testified, Karson stated that he knew Bulboff’s parents, who are now deceased, and that she had gone to grade school with his sons. He described Bulboff as his “project,” saying he was going to fix her so she could help herself. Her father had asked Karson to help Bulboff get her bond lowered in regards to her theft charges. He talked her into turning herself in, called police to see if she could get no bond or a low bond, and then recused himself from the case. Despite his recusal, Karson admitted that he continued to get involved when she got into trouble.

Combine also testified in the trial.

Miles Karson was originally faced with 17 counts, to which he pled not guilty in December of 2017. All were misdemeanors, and 10 were for obstruction. He will receive his sentence at a later date.

Getting in the way of a criminal investigation is never a good idea, as Mr. Karson is now discovering. At a minimum, he’s facing some hefty fines. Given the number of convictions and his position as a government official, the judge might go harder on him and give him a short jail sentence.

If that happens – the jail sentence – Karson will be even unhappier, I would imagine. There will be people in there that he prosecuted, and they are not going to be happy to see him. Well, maybe they will be, but that happiness might be an ugly happy.

The State Attorney General, a man dedicated to eliminating corruption, has taken an avid interest in the case. My guess is, Mr. Karson will have even more consequences to face in the future … such as finding a new job.

The man, identified as Noah Aloysius Farkas, age 27, of 123 Elm Grove Drive, was allegedly seen by several of the neighbors as he walked around his street, as well as Maplewood Drive and Thompsonville Road on January 4.

Between 8 AM and 3:30 PM that day, one of the homes on Thompsonville Road was burglarized. According to police, Farkas allegedly stole a gun safe and two handguns, along with $7375 in jewelry from that home. He also allegedly stole $950 in cash and gift cards, $2650 worth of electronics, power tools, and numerous video games.

According to police, Farkas sold a portion of the jewelry to a pawnshop in Pittsburgh. The victims were able to identify the items.

At that time, police searched Farkas’s residence and found some of the other items that had come up missing.

Farkas faces charges of burglary, theft, and receiving stolen property. He was brought before District Judge Jesse Pettit on Tuesday for an arraignment, and jailed on $100,000 bond.

It’s hard to say what will happen in this case. Burglary is a felony, and since Mr. Farkas broke into someone’s home, that makes it a first-degree felony. I don’t know if anyone was home at the time of the theft, though given that it happened during the day, the place was likely empty of residents. That doesn’t make a difference, though. Regardless of the occupation of the home at the time of the crime, the burglary is a first-degree felony. If he is convicted, Farkas could pay fines of up to $25,000 and spend as many as 20 years in prison.

The theft and receiving stolen property charges are very similar, with the latter being a method of the former. It’s not unusual for police to file multiple charges against a person, in the hopes that something sticks. Consequences for the charges vary, and given the high dollar value of the stolen items, I can see these charges also being felonies, though the potential jail time for theft is not as long as for burglary.

It may seem like Mr. Farkas’ goose is cooked, but a motivated attorney with experience will be able to identify ways to get the charges reduced or dismissed. For example, what proof do prosecutors have that Farkas is the one who stole the stuff? Sure, he took it to the pawn shop, apparently, but that doesn’t mean he did the stealing. And, who said the guy at the pawn shop correctly identified Farkas as the person who brought the jewelry in, anyway? Even if the case should go to trial, a good attorney can raise reasonable doubt in the jury, which will lead to a not guilty verdict or a dismissal of charges. Of course, a plea deal might be reached before the case gets to trial. In any case, Mr. Farkas has a long row to hoe before this is all over with.

Update: February 2019

Two more men have been charged with this crime, along with Noah Farkas. His father, Lawrence N. Farkas, age 68, and Noah’s brother, Benjamin Farkas, age 23, were arrested following a search of their house.

During the search, police found some of the items stolen in January, and some items stolen in a pair of robberies in 2015. The elder Farkas, along with Benjamin, was stopped in his car by police on January 31st, at which time stolen items were found in the vehicle. This stop is what prompted the police to ask a judge for a search warrant for the home.

A second search revealed additional items, as well as drug paraphernalia. The trio was charged after that search with receiving stolen property.

Mayor Peconi has faced criticism for a Facebook post back in June, suggesting that water cannons be used on protesters in Pittsburgh who were blocking intersections and highways while protesting the fatal shooting by police of 17-year-old Antwon Rose, who ran from police in East Pittsburgh on June 19th. The post also stated that the protesters do not have jobs, and that’s how they are able to block roads at 7:00 in the morning. Attorney Logue has stated in another interview that the mayor did not criticize people who were peacefully protesting.

The officer who shot the teen, Michael Rosfeld, has been charged with criminal homicide. The district attorney in Allegheny County, Steve Zappala, has stated in interviews that he believes Rosfeld acted recklessly, and that he had no justification for the shooting. The district attorney states that the victim was not in possession of a firearm at the time of the shooting.

In the interview, Attorney Logue, speaking in the mayor’s behalf, stated unequivocally that Mayor Peconi is not a racist and that she has never posted racist comments on the social media site.

He also said that the mayor has taken responsibility for what she said and apologized to those who were offended by her post, as well as to city council members. Logue said that Mayor Peconi has family members who are police officers, and that her post was intended to be supportive of all cops.

Attorney Logue went on to say that Mayor Peconi was stating with her post that she was against those who call police officers thugs and murderers, and those who commit crimes in furtherance of a protest. He called the actions of the council to remove her from office unpatriotic, un-American, and unconstitutional.

Arnold City Council sent letters to the governor and legislators, asking them to remove Mayor Peconi from office. In response, Logue sent a letter to each, claiming that removing the mayor from her office is not only unconstitutional, but it also disenfranchises voters. The mayor was elected to office in 2013 and was re-elected by a wide majority this year.

Attorney Logue stated in the tv interview that the root of the movement to remove Mayor Peconi is a political one. He stated there are people on city council who don’t like the mayor, and this is their way of attempting to get rid of her. “They have jumped on a controversy and blown this thing up,” he said.

Logue goes on to say that Mayor Peconi is not going anywhere, despite calls for her resignation and protests calling for it. He says the mayor loves her job and is passionate about the city of Arnold, and that she wants to help the residents of the city. Logue said if the council and voters want to get rid of Mayor Peconi, they can do so at the next election.

To view the interview in its entirety, click here.

Logue said the Senate should ignore demands that it vote to oust Peconi from office because of the Facebook post, a post that has generated much controversy, including the accusation made by many that she is a racist.

Logue says Peconi’s post was not, in fact, racist.

In June, Peconi posted to Facebook a picture of water cannons being used on protesters. She said hoses like those should be used on the people in Pittsburgh who were protesting the fatal shooting by police in East Pittsburgh of 17-year-old Antwon Rose, which occurred on June 19th.

Along with the image, Peconi added the words, “Bring the hoses” to her post. Additionally, she stated, “None of them work. That’s how they can do this at 7 a.m. …,” referring to the protesters, who have blocked city streets and shut down intersections and highways, including Interstate 376.

Although she has refused to step down from office, Peconi has apologized at a council meeting.

Sean Logue sent a letter to the leaders of the state Senate, cautioning them not to attempt to remove Peconi on Constitutional or other grounds.

In part, the letter states, “At no time did Mayor Peconi criticize citizens peacefully exercising their rights. The Mayor’s posts were in response to unlawful behavior, threats of violence and those calling police ‘murderers’ and ‘thugs.’” Protesters have assaulted drivers attempting to get through intersections, stealing their keys and tossing them in the sewer, and pounding on the vehicles.

Logue stated that Peconi has not only never posted a racist comment, but that she would condemn those kind of statements in strong terms.

Logue said in an interview on Thursday that he was asking senators to ignore the request from Arnold’s council for three reasons. The first of those reasons being that it would be unconstitutional; the second reason being that it would disenfranchise voters who elected Peconi into office, and by a wide margin; and the third reason being that it is a local political issue and not a state issue.

Logue said, “This is all political posturing.”

Logue addressed the letter to Senate Majority Leader Jake Corman, R-Bellefonte; Senate Minority Leader Jay Costa, D-Allegheny County; Senate president pro tempore Joseph B. Scarnati III, R-Cameron County; and Senator James Brewster, D-Allegheny/Westmoreland. Brewster’s district includes the city of Arnold.

Senator Costa said that the last time this legislative tactic was successful was in 1898. It was attempted again two years ago when Republicans in the Senate tried to remove the state’s attorney general, Kathleen Kane, from office after her law license was revoked, but that action came up short on votes in the Senate.

Before the Senate could act on a vote like this, a committee would have to approve it.

Source: TRIB Live

Chesney’s concerts are noted for having incredibly rowdy attendees. Two years ago, seven people were arrested and 37 taken to hospitals. That year, 48 tons of garbage was cleaned up by Pittsburgh city crews. It took until sunrise Sunday that year to clean the mess up.

When the singer visited in 2013, 70 people were arrested, 150 were treated by paramedics, and 30 tons of trash was cleaned up.

City police this year intend to crack down on underage drinking, public drunkenness, and violence. Officers in uniform, as well as those in plain clothes, will patrol the parking lots in the North Shore and the area surrounding the stadium. Anyone misbehaving, or drunk, especially if they are underage, will be cited and/or arrested. Period.

In addition to the above-mentioned officers, there will be Allegheny County police on patrol, and mounted units from the Pittsburgh Bureau of Police. The U.S. Coast Guard will patrol the rivers, looking for loiterers, and enforcing laws against anchoring, drifting, and stopping. River rescue will patrol the rivers, as well, enforcing boating and drinking laws.

The most common citations in past years have been for petty crimes. Public intoxication and Driving Under the Influence are two of the most common. DUI is, of course, the one that comes with the harshest penalties of those two. At the least, a DUI leaves a person with a suspended license for up to a year. Makes me scratch my head in wonder at anyone risking it.

Along with drinking often comes fighting, and there have been many arrests for both disorderly conduct and simple assault. In a 2012 news report, a man told a reporter that he saw a big fight of 20 people. You may think that’s too large a crowd for the cops to break up, but trust me, there will be enough of them out there to get the job done. Simple assault is the charge that, of these two, comes with the worst penalties, because it is a crime against a person. It is a second-degree misdemeanor and comes with fines of up to $5,000 and two years in prison.

Disorderly conduct generally involves things like peeing in public (guys, use the Porta-Potties). It’s a bit of a catch-all charge, and in addition to public urination, can include making unreasonable noise (screaming while you are being arrested, for instance,) using obscene gestures (don’t go flipping people off) and language, as well as fighting. Disorderly conduct is a summary offense, which is where it differs from simple assault. It comes with a fine of up to $1,500 and up to 90 days in jail.

As I suspect you expect of me, I’ll say that with a good Pittsburgh criminal defense attorney, it’s possible that your arrest will only dim your good time, not snuff it out completely.

Defenses are available for every case. Perhaps you were fighting in self-defense. Maybe the line to the bathroom was one hundred people deep and you have a medical condition, and couldn’t wait any longer. It’s possible that you were so drunk you didn’t realize it was cops you were screaming at.

Obviously, not every case is going to go well for the defendant, but if you hire an experienced attorney and then tell him everything, no matter how embarrassing, he can usually find a way to at least get the charges reduced.

No one wants you to not have fun. Go to the concert. Party hearty. Just do it sensibly. Don’t drink too much, and if you drink at all, don’t drive. Don’t pee beside the car or dumpster. And, don’t duke it out with the guy who spills his beer on your girlfriend.

The woman is Denise Tamulinas, age 57. In addition to the child endangerment charges, she was charged by township police with simple assault, disorderly conduct, obstructing the administration of law, and harassment.

According to court records, Tamulinas was arraigned before District Judge Jay Weller, who allowed her to remain free after posting a nonmonetary bond.

In court papers, an officer stated he was dispatched to Tamulinas’ house on Evergreen Drive at about 12:15 pm on the day of the incident. An insurance company’s roadside assistance service had reported a child choking inside a locked car.

The court papers state that when the officer arrived at the scene, the driver-side rear window of the car had been smashed, and broken glass littered two child safety seats. Two paramedics who had also arrived on the scene went with the officer to knock on the house’s front door.

Tamulinas answered the door. She denied the officer and paramedics entry to the home, closing the door on the officer several times as he attempted to go inside.

The paramedics found the children in a bedroom, after the officer put their grandmother on the ground and handcuffed her.

The children were taken to Washington Hospital for evaluation and treatment, because they “appeared to have several fresh, bleeding, superficial cuts on their faces,” the court papers said. One of the children was a year old, and the other was two.

I’m at a loss as to why this woman broke out the window she did, instead of breaking a front window, which might not have put her grandkids in as much danger, but I don’t know all the circumstances. I do know that child endangerment is a pretty serious charge. It’s a first-degree misdemeanor, and a conviction can come with a five-year prison sentence—if it’s one incident. If a person makes a habit of endangering the welfare of children, it becomes a third-degree felony. A conviction will then bring a seven-year prison sentence.

There are defenses, of course, and the one most glaringly obvious option for Ms. Tamulinas is that she was trying to save the life of the grandchild who was choking. It can also be argued that she didn’t intend to endanger either grandchild, and that the injuries were not serious. The onus is on the prosecutor to prove that she knew what she was doing was dangerous, and that she intentionally endangered them; if her attorney—and I certainly hope she has retained one—can show that Tamulinas didn’t intentionally hurt the children, there’s a good chance her case will be dismissed. Likewise, if it comes down to saving a child from choking and risking cuts on his face, or waiting for the police to come open the car doors and risking the death of the child, a judge and jury might be hard-pressed to convict her.

As for the other charges, I’d imagine they stem from her refusal to allow cops and EMT’s into the house. Her attorney may get some of them dropped if she agrees to a plea deal. A plea deal would have her pleading guilty to lesser charges in exchange for dropping the more serious ones. Too, many times, the cops will charge a person with multiple crimes in the hope that at least one “sticks.”

If she’s smart, Tamulinas will agree to a plea deal, because to refuse would mean being slapped with the most serious of the charges. And, juries are not known for letting people off scot-free. It’s far better to accept a plea deal than to face a jury. People fight me on this, but it’s true.

Whatever the outcome, I hope Ms. Tamulinas’ grandchildren are healed up and well now.

The unidentified man robbed a branch of KeyBank on Washington Road, Peters Township, at about 3:20 p.m. and another branch of the same bank in Coraopolis at 4:15 p.m.

The robber left with an undisclosed amount of money, after pointing a silver 9mm handgun at employees. He then fled in a white vehicle. No one was hurt in the Peters Township robbery, but police Chief Doug Grimes could not give reporters any more information.

Investigators say the robber is a muscular man about six feet tall. Photos show him wearing a black hood, black gloves, a white mask, and black sunglasses. One photo shows him pointing his gun, and the other shows his face with the mask pulled down.

The FBI is being assisted in the investigation by Peters Township police, Coraopolis police, and Allegheny County police. They are asking the public to help identify the man. If you know who he is, call the FBI’s Pittsburgh Field Office at (412) 432-4000.

No one’s going to win in this situation, unless it’s the cops who make the arrest and the district attorney who wins the case, if he does win. The bank employees have been traumatized, as have any customers who may have been in either of the buildings at the time. Sure, the tellers are trained to handle these situations, but if a man is willing to point a gun at another human being, there’s no telling what he might do with it. I’m sure they felt like they were looking death in the face at that point.

Not even the as-yet unidentified robber will win, because if he’s caught, he faces at least a night in jail, if he can post bail, and a long court process. He’ll have attorney fees and court costs to pay, and will lose out on time that could be devoted to his family. If he is convicted, he’ll deal with some pretty severe consequences.

Robbery with the conditions described in this case is a first-degree felony. The handgun is what escalates it to “first-degree,” which is the highest level of crime and comes with the harshest penalties. One of the requirements for robbery to be considered a first-degree felony is that the alleged perpetrator threatened someone with “serious bodily injury” or puts them “in fear of serious bodily injury.” Pointing that gun at the tellers certainly meets that definition. The prison sentence that goes along with a conviction for the charge can be as long as 20 years. That would be a really long time, even if he ended up serving only half.

Now, there are defenses that a good Pittsburgh criminal defense attorney can use in court. The man in the photos is covered well. In the one picture, we can see nothing of his face or his body. He’s covered completely. In the other photo, we can see his nose, cheeks, and lips, but his hair, his ears, and his eyes are covered. We don’t know what he really looks like. This can be used as a defense tactic.

The robber was wearing gloves, which means the only fingerprints on the gun, assuming police find it, are going to be from someone who handled it prior to or after the robbery. You can’t prove a man robbed a bank with a gun if he wore gloves during the act.

In the end, this is another case that highlights why committing a crime is never worth the long-term consequences. If the robber is convicted, this man will miss out on so much: raising his kids, hugging his mother, attending a football game, and much, much more. If convicted, he’ll spend years doing what he is told, when he is told, and even when he gets out, it will be difficult for him to find employment or housing. Seriously, people, stop breaking the law! There’s always a better way.

James Battle, 47, received a sentence of 20 to 40 years in prison. In February, a jury convicted him of two counts of robbery and one count of conspiracy.

Over a period of six days in July 2016, Battle pointed a gun at cashiers, demanding money. He ordered customers in the stores to the ground. Then, after taking the cash and stealing cigarettes, ordered the cashiers to the ground, as well. The stores involved were located on Penn Avenue, 56th Street in Lawrenceville, and Spring Garden Avenue.

Battle was taken into custody by U.S. Marshals in Clermont, Florida in August 2016. He had been staying at the home of a relative. Initially, he had hidden in a bathroom, but eventually was taken into custody and extradited back to Pittsburgh.

Police were assisted in their efforts to identify Battle by a woman who knew him after she saw surveillance photos that had been released. Battles had taken her car without her knowledge.

Battle has an arrest history that dates back to 2003. Court records indicate that he was arrested for aggravated assault, riot, and intimidating a witness or victim. In 2014, he was arrested for escape, tampering with or fabricating evidence, and possession of a firearm.

Undoubtedly, this long criminal history played a part in Battle’s conviction and sentence.

Robbery is a felony charge, and the fact that Battle used a gun and ordered people to lie on the ground is probably what made his sentence higher. One of the defenses that can be used in a robbery case is that the victim was not in fear of being injured or killed. Obviously, if a man is waving a gun around, a victim is definitely feeling fear for his life.

Another possible defense would have been that no theft was committed, so there was no robbery. However, with robbery being defined as theft by force, the use of a gun negated that, as well. Battle’s actions made his defense very difficult, I’m sure.

All that being said, Battle’s attorney could have used the argument that no injury actually occurred. Certainly, none were reported in the media, and that’s not something they would have kept quiet about.

Regardless, the man has been convicted by a jury and sentenced. Twenty years in prison when you are already in your late 40’s is a daunting prospect. Unless he gets out early, is paroled or what have you, he’ll be an old man when his sentence has been served. And, if he has to serve the full 40 years, he may well die in prison. I wonder if he still thinks it was worth it to rob three stores at gunpoint.

Mr. Battle can, of course, appeal. If he’s going to do this, he must do so as soon as possible. He could have as few as ten days from today to do so. The guidelines for appealing a sentence are strict.

For any appeal to be successful, there must be strong reasons. For example, there may have been new evidence that emerged that could exonerate the offender. Or, there may have been a change in Pennsylvania laws that would have affected his outcome. He might have been sentenced outside the bounds of the law. Or, he might have felt that his attorney did not do his job properly. This last is called Ineffective Assistance of Counsel and requires the defendant and his new attorney to prove that his outcome would have been different if his attorney had acted differently.

None of us know why Mr. Battle chose to rob those stores, but his story can be a lesson to all of us to look at ideas from all angles before we make choices.

The prom season is upon us, and commencement ceremonies are imminent – which means that senior activities, both in and out of high school, are likely in full swing. “After Proms,” graduation practice, parties, and even Senior Skip Days are prime opportunities for kids to let loose.

I think if we all took a stroll down memory lane, we’d remember the one classmate who pulled a senior prank (and got busted), drank a little bit too much cheap liquor during prom (and got busted), or skipped school one or five too many times (and got busted).

When I take that stroll, I remember That Kid being horrified, and even angry, that the administration threatened not to let him walk with his friends for graduation. I remember it being a big deal, both with school administration, teachers, and classmates. I remember parents not being pleased.

Now, as an adult, I know it’s a big deal – and I know exactly how displeased parents can get.

Fast forward, and all these years later, I’m a Pittsburgh criminal defense attorney who has represented numerous students in high school and college who needed a little help navigating the academic sanctions process.

My firm has represented students facing academic suspension, expulsion, and other serious ramifications. And I want to make sure – especially at this time of year, when the culmination of 12 or 13 years of academic work is in the balance – that parents know that if their son or daughter gets in trouble in the waning days of his or her high school career, they are not only entitled to be represented by a Pittsburgh criminal defense attorney, but it’s also highly recommended.

It’s not just high school kids who face academic sanctions. Colleges also have them, and with the days getting longer, those students are also letting loose. The disciplinary procedures in institutes of higher learning can often be even more harsh than high school ones. Student athletes have more on the line, for example, if they are hoping to go pro after graduation. Students who are on scholarships could potentially lose their funding, ending their academic career.

Students might find themselves facing not just academic sanctions but criminal charges, as well. Often, universities will academically discipline a student for criminal charges they received, even if the crime did not happen on campus or at a school-sponsored event. Between the two, a student’s future beyond college is in jeopardy. Some employers don’t want workers with criminal records. And, some professions, like teaching, disallow people who have committed certain crimes.

If your son or daughter is facing academic discipline procedures, please know that they can be confusing, and the ramifications severe and far-reaching. Just like you wouldn’t go into a criminal court hearing without a Pittsburgh criminal defense attorney, it might be most wise to solicit the services of an attorney adept in working in the world of academia – and its various disciplinary boards and procedures.

At Logue Law Group, we handle enough of these types of cases that we even contract with a local lawyer who has also long served as a school director and who has in-depth knowledge and understanding of the ins and outs of student discipline matters.

So, if your son or daughter gets into a jam, don’t freak out. Give me a call and let me or one of my associates help. Don’t wait to call. The longer you wait to hire legal representation, the more difficult it will be to obtain a good outcome for your child’s case, an outcome that will allow him or her to walk at commencement with friends and classmates.

The attorneys at Logue Law Group are available 24/7 at 412.387.6901 or 412.387.6901. Or, you can contact us online.

But all you have to do is ask a criminal defense attorney who regularly handles clients facing drug-related charges to know that the number of women facing misdemeanor and even felony possession and related offenses is on the rise.

In fact, the Washington County deputy warden recently told the Observer-Reporter newspaper that drugs were the reason why the local prison board recently approved an agreement that would allow the Washington and Greene county jails house each other’s female prisoners.

And according to the story, an increase in female inmates – whether they are in jail for drug-related reasons or otherwise – mirrors what is happening across the country. Even as reforms have reduced the number of men being held in prisons, the number of women being incarcerated has increased. Prison reforms will now have to look at the female population, and figure out ways to reduce recidivism, among other things.

According to information compiled by the American Civil Liberties Union, also known as the ACLU, the number of females being processed through the criminal justice system has spiked, and many of those girls and women are subjected to mandatory sentencing policies for nonviolent offenders. The point this criminal defense attorney is trying to make is this: I’ve seen how drug addiction, abuse, and use can destroy not only a life, but an entire family.

Any experienced Pittsburgh criminal lawyer will tell you that the penalties for drug crimes, whether possession or trafficking are quite serious, starting from huge fines and a considerable period of imprisonment. Even after you finish serving your jail time, your conviction will be public information accessible to all professional licensing boards, schools, and potential employers. So, once again, it has been proved that drug offenses have far-reaching effects which can destroy your future completely. And, with your future destroyed, the lives of your children and other family members are demolished right along with it.

With so much at stake, it is essential to resort to an efficient and experienced criminal defense attorney who can handle your case with utmost precision. Any skilled Pittsburgh criminal lawyer will analyze and examine all the aspects of your case, including how the police had arrested you, pulled you over, and searched your belongings. In several cases, it has been found that the police tampered with the constitutional rights of the suspect while conducting the arrest or search and this can be a brilliant argument for the dismissal of your criminal charges. But, what you need is an extremely proficient and smart lawyer to bring out such weaknesses in the prosecution’s case.

If the police have completely respected the suspect’s fundamental rights, then you may defend your case by proving that you were not aware of such possession. You can show that you had no intention of distributing if there was no circumstantial evidence like scales, baggies, or huge amounts of cash. Or, you could also show that the substance was actually not drugs if the police mishandled the drug sample or breached procedures.

Advocates and law enforcement agencies have long said that addiction doesn’t discriminate. The problem with drugs isn’t a problem among just the poor, or just the young or just women or men – it is a problem that faces every community and every demographic.

Additionally, law enforcement has been cracking down increasingly harder on drug trafficking and possession. Every year, we see more and bigger drug busts. Rings of people who bring drugs from other states to package and distribute here are being arrested. More women are taking part, and more are finding their way to local jails.

This latest pact to accommodate more female prisoners is just another example of that.

Also offensive to the masses: Crimes that involve the misuse of public trust or public funds.

Take a recent case out of Washington County – one that is already garnering headlines. 

Rae Dawn Grillo, 55, a former Charleroi Education Association union treasurer, has, according to news reports, been accused of writing checks from an account reserved for union strikes and other emergencies while she served as the treasurer for the Charleroi Area Education Association.

And not just, like, a small check (not that the amount makes it any better morally or criminally). The Monongahela woman is accused of stealing about $66,000 from that school fund.

Ms. Grillo has been charged with theft by deception and theft by unlawful taking – and both are felony charges.

The news story indicates that Grillo repaid the $66,000 from her personal checking account.

But here’s the thing: The damage was already done. To put it another way: If you steal $66,000 and then give it back, it doesn’t mean you never stole it to begin with – in the eyes of the law, or the eyes of the public. You have to get in touch with a Pittsburgh Criminal Defense Attorney for handling these kinds of cases.

Trust me, as a Pittsburgh criminal defense lawyer, I have represented clients who have been charged with similar crimes – and it’s always tough, both from a court perspective and from a personal one.

I’ve said before how difficult it is for clients to tell their family and friends why their names are in the police beat. It’s all the more difficult if you’re the subject of a bylined news story – one that may or may not appear on the front page of your hometown newspaper.

According to Pennsylvania law, people convicted of theft are levied with harsh punishments. You will be subjected to either misdemeanor or felony charges depending on the type and value of the property you have stolen. In both cases, the conviction for theft will be present on your criminal record, which might have very serious consequences on your life. Such information is accessible to the public, and if they reach your future employers, your hopes and chances of getting a job will be at stake. Or for those who are trying to enroll in college or get some professional license, it will seriously hinder your progress in the future. A felony conviction leads to more consequences, namely cancellation of your second amendment right to possess a firearm.

These severe outcomes of theft conviction make it mandatory to fight such charges. But, you have the right to be silent at every step of the criminal justice proceeding, including your interrogation, court appearances, and detention. So, exercise your fundamental rights and contact a reputable, experienced, and skilled criminal defense lawyer who will fight for your rights on your behalf. Your Pittsburgh Criminal Defense Attorney will help out throughout the court proceedings. A great attorney will make sure your rights and privileges are protected, and that the chances of a favorable outcome are optimized.

Source: Observer-Reporter

Update: August 28, 2015

Rae Dawn Grillo pleaded guilty to stealing the money. She appeared before Washington County Judge John F. DiSalle, and he sentenced her to nine months wearing a monitoring bracelet on her ankle and then four years and three months in an intermediate punishment program.

The theft was discovered when the Charleroi teachers got a bill from the Pennsylvania Education Association for unpaid dues totaling $7,262.

Grillo’s guilty plea was to the charge of theft by unlawful taking. Her original charges included two counts of theft by deception in addition to the unlawful taking charge. It’s common practice that a plea deal involves a smaller number of charges and that the one pled to is a lesser charge.

Part of Grillo’s sentence included 200 hours of community service and being banned from any position of trust or going to a casino.

Here’s what happened: The mother of a two-year-old girl died, and a custody hearing was subsequently held.

According to the Pittsburgh Post-Gazette, there was a custody hearing, but the man, Tex Ortiz, 32, did not attend the hearing and interim custody was granted to the child’s maternal grandmother. The grandmother had expressed concern about the environment Ortiz would have the girl in.

Mr. Ortiz had cut an electronic monitoring bracelet off his ankle when he went to get his daughter. He had been serving a sentence of home confinement on a drug charge in Blair County.

The paper alleges Mr. Ortiz removed his daughter from Allegheny County and refused to return her when contacted by authorities.

However, later in the story, the gentleman’s attorney noted that his client had not seen the custody order – and that the first time Ortiz saw it was when he handed it to him during a jail visit. The court has a record of him receiving it in their docket, they say.

I wrote recently how being unaware that you are committing a crime isn’t a proper defense for breaking one, and I stand by that opinion.

But that said, it seems as though (at least from my perspective as a Pittsburgh criminal defense lawyer) custody orders are ripe for people to misunderstand or misinterpret.

Loyal readers of this blog may recall I just wrote about custody hearings – and how sometimes, a snap decision or change in plans can lead to being charged with violating a custody order.

So, parents dealing with child-custody agreements: Confused about the verbiage in the order? Not sure if you need to attend a hearing? Not quite clear on what your rights and responsibilities are according to the child-custody agreement? Then you need to call a family law attorney.

Let me put it to you another way: Would you rather call a family law attorney for help understanding your rights and responsibilities under a child-custody agreement or a criminal defense lawyer to help you understand how best to handle a charge of interfering with the custody of a child and possibly kidnapping?

You decide.

As long as your case is under the family law, you can go ahead with the family law attorney, but if things become far worse and there are criminal activities involved, you have to immediately get in touch with a criminal defense lawyer. Fighting for your child’s custody is different than if your child has been kidnapped.

Under Pennsylvania law, it is completely illegal to either recklessly or deliberately take a child and convince him or her to leave the custody of his or her lawful guardian or parent in cases where you are not privileged to do so. Once you are convicted, you will be subjected to felony charges, and there is a possibility of several harsh penalties.

Typically, in cases like this, the official charge will be Custodial Interference. It’s a third-degree felony, but in some circumstances, it becomes a second-degree felony, which is harsher. In the first instance, the penalty is a fine of $15,000 and a jail sentence of seven years. In the second, the offender faces a fine of $25,000 and ten years in prison. A conviction for Mr. Ortiz could mean he won’t see his daughter outside of prison visits until she’s in double digits.

Criminal activities involving child custody battles or divorce cases is quite common among those parents who are insecure about having their child in the custody of the other parent, especially when they are not on good terms with each other and feel that the safety of their child is at risk with them.

Anyone who is co-parenting with an ex should be aware that another charge we see during the holiday season deals with child custody. The actual offense is called interference with a custody order – and it’s serious.

Let me give you a scenario: Say you have custody of the kids this weekend, and have a custody order in place that indicates you must return them to their other parent Monday. You and your ex decide to meet to exchange the children in the parking lot of a local restaurant. But when you get there, you and your ex have a tiff, and you drive away in a huff with the kids to cool down.

Guess what? You just technically interfered with a custody order.

And if your friendly neighborhood police officer decided to pursue the charge, you could be looking at very serious consequences. You should not delay in contacting a Pittsburgh Criminal Defense Attorney as soon as the case occurs, as this can lead to a very serious matter.

Interfering with a child’s custody whether by the parents or other guardians is a reckless offense because you don’t have the privilege or the right to do so. Interfering with custody might happen among divorced parents because the parent might have misunderstood the court order or because there is a communication error between the parents. Sometimes a parent may also deliberately break the rules and keep the child longer than the court ordered agreement states. Often, these sorts of parents are under the impression that whatever they are doing is for the safety of their child. However, if you are not the parent and happen to break the laws with an intention to harm the child, it will be a question of the child’s safety, which you have disregarded. Therefore, you will be subjected to felony charges of the second degree once you are convicted. And if you are the true parent of the child and take the child without having custody or visitation, you will be convicted with a felony of the third degree.

How serious? While interference with a custody order is not, in itself, a sexual offense, those convicted are required to register with Pennsylvania State Police for its Megan’s Law website for 15 years.

Yes, you read that correctly: 15 years.

Just to provide a little background for people unfamiliar with Megan’s Law: That means you will be listed as a registered offender on the site, which is searchable by the public, which may include your family, friends, coworkers and even future prospective employers.

Is it likely to happen? Perhaps not. Family law attorneys will tell you that police officers, in general, are loathe to get involved in child custody issues, often deferring to the family court process.

But as a criminal defense attorney, I think it’s worth noting for all the parents out there who will be exchanging children this holiday season. So, if you get into this kind of predicament, don’t delay in contacting a skilled and experienced Pittsburgh Criminal Defense Attorney.

You may be wondering what I can do for you in a case such as this. After all, it seems pretty cut and dried. However, there are defenses I can use to get your charges dropped or reduced, depending on your specific situation. For example, if your child is 14 or older, and he or she decides they want to be with you on their own without persuasion or coercion from you, you are not interfering with the custody order, especially if you have no intent to harm the child by committing a crime against him or her.

Each case is different, so again, if you find yourself facing this charge, call me right away.

Starting Dec. 31, the new state child protective services law goes into effect, and it requires (among other things) that school volunteers, employees, and independent contractors who are in direct contact with children must have updated clearances every three years. Outgoing Pennsylvania Gov. Tom Corbett, a Republican who in November lost his re-election bid, signed the measure – which was composed of 10 different bills – into law last December.

In a press release the day he signed the bills into law, Corbett said, “I thank the General Assembly for their work in passing the first pieces of a comprehensive legislative package to protect Pennsylvania’s children.”

He added: “The legislation I’m signing today will better equip our communities to protect children, and enhance the safety and security of the commonwealth’s children.”

For those who are not aware, or who have never had to submit to a background check, there are actually three different types: child abuse clearances, state police clearances, and Federal Bureau of Investigations clearances – and both school employees and independent contractors working at a school must submit these before working.

There are slightly different requirements for volunteers, though, who need only submit child abuse and state police background checks in most instances.

It should be noted, however, that school districts may choose to require their volunteers to get all clearances.

Why does this matter to you? Because if you have any criminal charges on your record, they could make it difficult for you to do things such as volunteer at your child’s holiday party or coach his softball team.

But in many cases, minor offenses that are classified as a summary offense can be expunged – the legal process by which criminal charges are erased from the system.

So if you have, say, a disorderly conduct, or an underage drinking charge, or other minor crime on your record, and you are considering a career that would require clearances, you should contact a quality Pittsburgh criminal defense lawyer to see if an expungement is possible. It could make the entire hiring process easier for you.

Contact us today at 412.387.6901 or 412.387.6901. We are available 24/7. You can also contact us online.

Source: Pittsburgh Post-Gazette

Update: September 21, 2017

All volunteers are required to get the Pennsylvania criminal history certification and the child abuse history certification, but they are free of charge. However, if you have lived in Pennsylvania for fewer than ten years, you will be required to obtain the federal criminal history certification, and that comes at a cost of $25.75. If you have lived in this state longer than ten years, there is a form you can fill out and sign for the purpose of affirming and swearing that you are not disqualified from working with children based on a conviction of an offense under Section 6344 of the CPSL.

To clear up confusion about which volunteers are required to get these checks, the state of Pennsylvania has basically said that if the volunteer is acting in the place of or on behalf of a parent, or has direct contact with children to supervise, provide care or guidance, or control them, and have regular and repeated contact with them, that volunteer must obtain the required checks.

Also, all school employees, child care workers, owners and operators of child care facilities or programs, anyone 14 years of age or older who works with children, such as camp counselors or lifeguards and who gets paid to do it must be certified.

People who are trying to adopt children or foster them must also go through the certification process. If they have anyone living in their home who is above the age of 18, that person must be certified, as well.

My favorite quote on the matter comes from Charles Dickens’ “A Christmas Carol,” when Scrooge’s nephew tells him, “I am sure I have always thought of Christmas time, when it has come round – as a good time; a kind, forgiving, charitable, pleasant time; the only time I know of, in the long calendar of the year, when men and women seem by one consent to open their shut-up hearts freely, and to think of people below them as if they really were fellow-passengers to the grave, and not another race of creatures bound on other journeys.” (See cited work below.)

But as I wrote last week, that isn’t always the case. As a criminal defense lawyer, I can tell you there is a fair share of vandalism and theft cases – some of them high-profile because of the public outcry that they cause.

I’ll give you a case in point: A man and woman walk into a McDonald convenience store, allegedly grab a Salvation Army donation container, and leave with it, according to the Observer-Reporter newspaper in Washington.

While most thefts involving small amounts of money would be relegated to a police beat and receive just a paragraph or two of attention, the nature of this one has already made it a front-page news story.

Rest assured that if the pair is caught, their mug shots will appear when the charges are filed, and then again when the preliminary hearing is held – another chance for family and friends to hear all the details of the alleged offense.

While a quality Pittsburgh criminal defense attorney might be able to get charges such as the ones the couple might face reduced, there might not be anything anyone can do to quell the public outcry. And that public outcry has the potential to change their lives for the worst.

As we have seen over and over in this world of media-driven “justice,” this couple could find themselves shunned by family, friends, and neighbors. If the story gets out on social media, there’s a chance it could go viral, and we have all seen or heard about people losing their jobs and reputations based on a single tweet or post inciting outrage. People have been roasted on Twitter for less. Many have received death threats and ended up moving to a new city or state where no one knows them.

As I said earlier, this couple is in for a long, hard road, and getting their charges dropped or reduced might not be enough to prevent it.

An experienced criminal defense lawyer can help in all sorts of high profile cases of theft and embezzlement. In all such cases involving a public outcry, the prosecution will present several kinds of substantial evidence which prove that you are guilty.

A skilled lawyer will be able to dismiss such evidence efficiently or might be able to suppress those kinds of evidences. If it can be proved that the authorities obtain such evidences by unlawful means such as stolen merchandise. He may also try to challenge the prosecutor’s witnesses. Either he may show that the source is unreliable or his or her recollecting ability is questionable.

And even if he cannot make such a strong case depending on your circumstances, what he may be able to do is make a request for a lenient sentence. You may be able to get a lenient statement if you belong to a high profile community or the offense committed by you is your first time.

So, if you are caught in such a case, remain calm and do not speak a word to the law enforcement officials without the presence of your lawyer. These statements might be used against you, and only an experienced lawyer can get you out of such situations.

Source:

Observer-Reporter
A Christmas Carol