Prohibited Offensive Weapons Charge for Brass Knuckle Possession Dismissed

A recent ZLF client with a clean record was found in possession of brass knuckles in a carry on bag, and was charged with Prohibited Offensive Weapons in Allegheny County. If convicted, some of the penalties include up to 5 years of jail time or probation, and a permanent criminal record that cannot be expunged. 

It is a defense to the Prohibited Offensive Weapons charge if the item is possessed solely as a collectors item. At the preliminary hearing, the defense offered photographs to establish that the brass knuckles were originally owned by a family member, who was an avid collector. The evidence also established that the brass knuckles were found in the same bag as multiple collectible items given to the client by a family member, which helped establish that this weapon was only kept as a collector's item. 

Based upon this evidence, the magistrate found that there was not a prima facie case for the Prohibited Offensive Weapons offense. The client is now eligible to expunge this matter from a criminal record. 

License Suspension Avoided For Client Who Missed Court

A ZLF client was recently charged with Driving on a Suspended License, in connection with a traffic stop occurring in Butler County. Due to paperwork issues that occurred in another state, the client's driving privileges were suspended for a longer period of time than what was required due to an diversionary program resolution of a DUI charge. In short, the client was very close to having his/her driver's license restored.

While unrepresented, the client was convicted at the magistrate level of the DSL offense, adding an additional 12 months to the original suspension. This result would have a disastrous impact upon his/her ability to take positions within his/her corporation requiring frequent travel. 

The client ultimately called ZLF with little time to spare. Our firm promptly filed a summary appeal before the Butler County Court of Common Pleas just before the 30 day deadline. We also filed a delay request letter with PennDOT, which was granted. This allowed the suspension to be delayed until the case was resolved.

 On the summary appeal hearing date, both the client and officer failed to appear. The Rules of Criminal Procedure provide that the Court should dismiss the appeal if the Defendant fails to appear, even if the citing officer also fails to appear. However, based upon negotiations with the prosecution, an agreement was reached to hold a stipulated trial, where the client was convicted of Driving Without a License. This charge carries no license suspension for a first offense. 

Although it is imperative to appear for all required court dates, the attorneys at ZLF were able to help a client achieve a desired outcome in his/her absence. 

Simple Assault Charges Withdrawn in Allegheny County on Trial Date

In April of 2017, a ZLF client employed as a tow truck driver was scheduled for a non-jury trial in Allegheny County on charges of Simple Assault and Harassment. The Commonwealth alleged as follows: (1) that the client had rammed the victim's vehicle on multiple occasions, causing damage to the vehicle and (2) that the victim was punched once and shoved into the side of the client's tow truck, causing broken ribs. 

At the preliminary hearing, the prosecution would not resolve the case with a plea to summary offenses. After conducting a preliminary hearing, the charges were held for court and scheduled for trial. No plea offer was made in advance of trial. 

As part of trial preparation, ZLF obtained copies of the emergency room records from the incident date, where the CT scans and physical examinations of the alleged victim revealed no evidence of bruising, swelling or fractures (i.e. broken ribs). Although the prosecution is not required to provide evidence of serious injury to prove a simple assault case, the medical evidence helped demonstrate that the alleged victim was not credible. Towing records also revealed a lack of damage to the alleged victim's vehicle, contradicting the claim that the vehicle was rammed. 

On the date of trial, the client accepted a plea offer where the misdemeanor Simple Assault charges were withdrawn in return for a guilty plea to summary crimes of Harassment and Disorderly Conduct for probation. 

Although this was a case that the prosecution should have agreed to resolve at the preliminary hearing, proper trial preparation helped achieve the proper result. 

Unsworn Falsification Charge Dismissed for Allegheny Co. Man

A retiree was recently charged with Unsworn Falsification to Authorities and the Unlawful Sale and Transfer of a Firearm, based upon his incorrect answer on a firearm purchase application. As a teenager in the 1970's, the client was convicted of a drug offense for possessing marijuana, and answered a question about prior drug crimes convictions incorrectly. 

The court dismissed the charges at the preliminary hearing, concluding that the Defendant made an error on the form, and did not act knowingly with the intent to mislead a public servant. Specifically, since the guilty plea to this charge happened over 40 years ago, the Court found that there was insufficient evidence to demonstrate that the client had any recollection of the charge at the time the application was completed. 

ZLF is now working on a full expungement petition for the client, which is expected to be ordered within the next 90 days. 

If you have ever had any involvement whatsoever with the criminal justice system, you should not attempt to buy a gun or apply for an open carry permit without reviewing your own criminal history with a lawyer. 

4th Offense DUI Charges, Ignition Interlock Violations Dismissed for Allegheny County Man

A ZLF client was charged with a 4th Offense DUI in connection with a two-vehicle accident in Allegheny County. We are please to announce that after the preliminary hearing, the charges were dismissed due to a lack of sufficient evidence. This resolution spared the client from a mandatory 1-2 year state prison sentence without eligibility for house arrest. 

In the summer of 2016, the client was operating a vehicle around a bend when his vehicle hydroplaned on the wet roadway, veered into an oncoming lane of traffic, striking the victim's vehicle. An independent eyewitness followed the client's vehicle for approximately 1/2 mile, observing no erratic driving behaviors prior to the crash. 

The client was treated at the hospital for injuries in connection with the crash. In the course of his treatment, a urine screen yielded a positive result for the presence of narcotics. However, neither the client's blood nor breath were tested. The client was not subjected to field sobriety testing, was not evaluated by a drug recognition expert, and did not display regular signs of impairment during his interaction with police. 

Recent amendments to Section 1547 of the PA Motor Vehicle Code only permit the introduction of blood or breath tests into evidence during DUI prosecutions. As there was no blood test conducted, and there was no independent evidence to suggest that the client was under the influence of narcotics at the time of operation, the charges were properly dismissed by the Court. 

Unlawful Gun Purchase Charges Dismissed for Allegheny Co. Man with Juvenile Record

Local law enforcement charged a ZLF client with the Unlawful Sale/Transfer of a Firearm and Unsworn Falsification to Authorities in connection with an attempt to lawfully purchase a gun. The client had a prior juvenile adjudication for a 1st Degree Misdemeanor offense punishable by up to 5 years in jail. Not knowing that this was considered a conviction under PA law, he improperly answered the question wrong about whether or not he was convicted of a charge punishable by up to 1 year in jail. 

The court dismissed the charges at the preliminary hearing, concluding that the Defendant made an error on the form, and did not act knowingly with the intent to mislead a public servant. The client is now eligible to expunge his juvenile record and the records of his arrest on this case. 

If you have ever had any involvement whatsoever with the criminal justice system, you should not attempt to buy a gun or apply for an open carry permit without reviewing your own criminal history with a lawyer. 

Evidence Suppressed in Felony Drug Possession Case, Charges Withdrawn

A client was charged with felony Possession with Intent to Deliver Cocaine and Criminal Use of a Communication Facility. The lawyers at ZLF filed a Motion to Suppress Evidence based upon the police lacking probable cause to believe that he had committed, or was in the process of committing, a criminal act. The court agreed, and all evidence recovered was not permitted to be used against him, leading to the full withdrawal of criminal charges. 

In early 2015, police arrested another individual for a felony drug charge. Thereafter, they attempted to utilize this person as a "confidential informant," who would receive leniency on their charges in return for purchasing narcotics off of another suspected drug dealer. Customarily, an investigating officer would obtain extensive details about both the CI and the target suspect to ensure that the information being received is reliable. Thereafter, the CI would be used to arrange for the purchase of a known quantity of drugs at a particular location, completing the purchase in the presence of police officers. 

Despite being led by an officer with decades of experience, this particular investigation was mishandled from the start. Aside from race, police officers obtained no information from the CI about the target suspect, nor did they properly verify that the CI was a reliable source of information. Furthermore, rather than listen to the phone calls allegedly exchanged between the target and CI, the police did not personally overhear any discussion between the CI and caller, leading them to rely upon the CI's statements alone.

On the incident date, the client - an African-American male - pulled his vehicle into the parking lot of a convenience store. The CI did not visually identify the client as the individual with whom she previously spoke. Police did not observe the client engage in any unlawful activity, nor did they have the CI attempt to buy drugs from the client. As part of a pre-determined decision to make an arrest, numerous police officers drew their weapons and arrested the client. However, the police argued that he was merely being "detained" for further investigation, and that the encounter converted to an arrest when they noticed an odor of marijuana.

A suppression hearing was held on the matter, where the details of the mishandled investigation were brought to light. During cross examination, the officers were less than forthcoming about the leniency promised to and received by the CI. After writing legal briefs, the Court ruled that the police did in fact arrest the client without probable cause, ordering that all recovered evidence be suppressed. This led to the charges being withdrawn by the Commonwealth. 

Client Charged With Illegal Gun Purchase Receives ARD With No Penalty

As an 18 year old, a ZLF client received probation for a 1st-degree misdemeanor offense punishable by up to 5 years in prison. Unbeknownst to him, this offense made him ineligible to buy a firearm. In 2015, as a 37 year old father and working professional, he went to purchase a firearm and checked "no" when answering a question about whether or not he was convicted of a charge punishable by 1 year or more in jail. Rather than consider this as the honest mistake it was, the Pennsylvania State Police charged him with the Unlawful Sale & Transfer of a Firearm, a 3rd-Degree Felony, and Unsworn Falsification to Authorities, a 2nd Degree Misdemeanor. These offenses allege that he had the intent to mislead a public servant for the purpose of acquiring a gun. 

A conviction for either offense would be considered a "crime of dishonesty," and may have caused him to lose his job. Given the circumstances, he chose to fight the case as far as it needed to go, as he had no intent to mislead a public servant. 

After the preliminary hearing, the lawyers at ZLF filed an Omnibus Pretrial Motion, challenging whether or not there was probable cause to support the charges. Upon recognizing the strength of the defense's case, the Commonwealth agreed to admit the Defendant into the ARD program. 

Prior to arguing the pre-trial motions, the presiding Judge agreed to let the client into ARD, without imposing probation or nearly $1,500-$2,000 in fines and court costs. This resolution effectively dismissed the case against the client with no negative consequences, allowing him to move on with his life. 

Client Found Not-Guilty of Carrying Firearm Without a License

A ZLF client was charged with Carrying a Firearm Without a License, a 3rd-Degree Felony punishable by up to 7 years in prison. After a half-day non-jury trial, the client was found not guilty of the firearms offense. At the conclusion of trial, the client accepted a guilty plea to lesser drug charges for Probation Without Verdict, a diversionary resolution for first-time drug offenders which will lead to a record expungement upon the successful completion of probation. 

On the incident date, the client borrowed a vehicle from a family member who was a former member of law enforcement. Unbeknownst to the client, the family member failed to provide any notice that there was a firearm located under the driver's seat of the vehicle. Upon being stopped for a speeding infraction, police did not observe the client reach in the direction of the gun, but noticed "unusually nervous" behavior. Upon searching for an insurance card in a purse, police observed items of drug paraphernalia. When the client exited the vehicle, police observed the firearm in plain view under the seat. 

As the gun was not physically possessed by the client, the case turned on whether or not the Commonwealth could prove constructive possession - that the client had both the power to control and intent to control the weapon. At trial, the Commonwealth argued that when factoring in the proximity of the weapon to the client, coupled with the nervous behavior, that this demonstrated an intent to control the weapon. 

The defense presented testimony from the family member, who testified that the gun was his, that he forgot he left it under the seat of his vehicle, and never told the client about it's presence. Furthermore, as there was no reaching motion towards the firearm, the nervous behavior was properly attributed to the possession of drug paraphernalia. Viewing the defense testimony as credible, the Court properly found the client not guilty of the firearms offense. 

Upon the conclusion of trial on the gun charge, the prosecuting attorney graciously offered a plea to the lesser drug charges for Probation Without Verdict, a diversionary program for first-time drug offenders which may lead to a criminal record expungement. This resolution allowed the client to maintain employment, avoid a 6-month license suspension, and convicted felon status.