We the Jury…Find the Defendant, NOT GUILTY

I am thrilled to announce an incredible verdict for my client, Wayne Birch Jr., in a criminal case against him wherein he was charged with an eight-count criminal information alleging that Mr. Birch had abused his stepdaughter. Thankfully, I had an innocent client who testified in his own defense along with a fully engaged, observant, and committed panel of Jurors who saw through the lies the case was built upon, reaching a full Not Guilty verdict.

2023 in Review for Pietropaolo Law Offices

A very happy, blessed, and healthy New Year to all. A year in review for clients of Pietropaolo Law Offices has been, in a word, positive. Defining whether a case has ended good, bad, or as expected, and anywhere in between, is a difficult proposition because that measure is subjective. Each individual client has a measure of what constitutes success in each of their individual cases, and rightly so. There is no one size fits all measure when it comes to classifying the results of a criminal case. There are also huge amounts of factors that can impact a case: what county are you prosecuted in, who is your individual prosecutor, what judge are you assigned to, for crimes involving alleged victims how interested are they in any particular result, and what is the risk of jail time, just to name a few.

All that being said, I believe I can analyze in broad strokes what I’ve been able to do for my clients over the past year based on my own measurement of success on a case-by-case basis. Overall, I prioritize results in cases as follows: (1) keep the client out of jail, (2) prevent the client from having a felony conviction, (3) prevent the client from having a criminal conviction, and (4) prevent the client from having any conviction (in other words have the case dismissed or have the client found not guilty).

Aside from that framework, I can more readily determine success in a case based on what happened if the case was actually litigated in Court. In terms of litigation this year, we were able to achieve several excellent results, the most notable of which are listed below.

In Com v. R.C. my client was charged with aggravated assault with a deadly weapon for stabbing the victim in the head. The Commonwealth was forced to withdraw their case against my client after the Court granted suppression of a faulty identification of my client by the victim after police had to administer two photo arrays because the victim didn’t identify my client in the first photo array. The identification was so tainted that its reliability could never have been relied upon and therefore violated my client’s right to due process of law.

In Com v. AD my client was charged with felony carrying a firearm without a license for having a gun near her in a car in which she was travelling. The Commonwealth was forced to withdraw their case after the Court agreed with our argument that the police had searched the vehicle in violation of my client’s right against unreasonable search and seizure. This victory prevented my client from becoming a felon and from having a criminal record.

In another matter that never actually became a criminal case, police in the City of Duquesne attempted to elicit an incriminating statement from my client by bringing him in for an interview without an attorney and pressuring him to admitting to possessing numerous firearms and ammunition. This client, RS, was a person not to possess a firearm under Pennsylvania and Federal Law and would have been in line for very serious felony charges that would have landed him in prison for years. Thankfully, he called me prior to responding to police. After speaking briefly with the Officer, I informed him that RS would not cooperate with them nor give any statements. Since then, police have been unable to bring any case against RS because without a statement, the other apparent evidence against him was too weak to initiate a case.

In Com v. JB, the Commonwealth charged my client with a host of charges including a felony carrying a firearm without a license, possessing instruments of crime, prohibited offensive weapon, recklessly endangering another person, and impersonating a public servant for his role in following an older woman on the roadway who had cut him off and who was speeding. My client was alleged to have followed her for miles on the roadway and then berated the woman for her driving style. Police later stopped my client and searched his vehicle where they found assorted weaponry and police style clothing. Based on their search police attempted to create a story where my client was supposed to have used some of those items, which my client kept only for collector purposes,  to force the woman to submit to his authority. Fortunately, the trial revealed that he never held himself out to be a police officer, nor did he ever attempt to get his accuser to submit to him in any way. Further, his firearm license had expired within 30 days of when police arrested him, meaning that he was not carrying a firearm without a license per the statute. In all, my client was saved a felony conviction in this case, as well as multiple convictions that would’ve resulted from the inaccurate way he was portrayed by the police.

Aside from cases fought out in Court, I was able to prevent my clients from having felony criminal records on fourteen separate occasions when the facts of the case indicated were not in their favor. I also helped to prevent my clients from having criminal records when they otherwise would have on eleven separate occasions. Finally, in consultation with all of my clients over the year 2023, forty-four results were better than expected when I was first retained, four were as expected when I was first retained, and twice the result was worse than first expected.

Aside from the successful year we’ve had in criminal court, Pietropaolo Law also took the opportunity in 2023 to expand into assisting clients with restoring PennDOT suspended drivers’ licenses in an attempt to help people lawfully regain an essential privilege, especially in western Pennsylvania where public transit isn’t as readily available as in the larger cities on the east coast.

Overall, 2023 was a good year for my clients and for myself. I pride myself on providing consistently excellent service to my clients and for going the extra mile for them wherever possible and wherever it will make a difference for them. I look forward to continuing into 2024 with that same attitude. On a professional level, I was also recognized for the second time by the National Academy of Criminal Defense Attorneys as being a top ten under 40-year-old criminal defense attorney in Pennsylvania.

While I hope 2024 is a good year for everyone and that you stay out of contact with the criminal justice system, the reality is that even if you haven’t committed a crime or done anything to cause trouble, trouble will sometimes find you, especially if the police believe you to be guilty of something. So, as I’ve been saying since I opened this office, if you are facing a criminal case, a traffic case, or need to try and get your driver’s license back be safe, be smart, and be prepared by calling Pietropaolo Law Offices.

Domenic Pietropaolo, Esq.

Am I going to jail?!?

You might be surprised by how complex of a question this really is. I get the impression that most people in society have no idea what conduct might land them in jail. Frankly, there are lots of attorneys who can’t even answer this question, particularly those who “dabble” in the criminal defense world. Hopefully, this article will help to simplify things a bit.

While there are always exceptions to the rule (this is law after all), the way to answer the question “am I going to jail,” is to figure out what your sentencing guidelines are. The sentencing guidelines are the key to figuring out what sort of punishment you might really be looking at. Figuring out the guidelines comes down to answering two questions; “what is your prior record score,” and “what is your offense gravity score?” In plain English, this is, “have you been in trouble before,” and “how serious are the charges you are facing?” The number and seriousness of any prior offenses will be taken into account to figure out your prior record score which could be 0-5, or RFEL, or REVOC. The seriousness of the new charges will be taken into account to determine the offense gravity score; the more serious the new charge, the higher the score (1-14).

 Once you know the answers to these two questions, we come to see the sentencing matrix. This crazy thing that looks sort of like the periodic table of elements that, I hope for your sake, you haven’t had to look at since being in school. The picture below is the sentencing matrix from the year 2022. Taking the offense gravity score on the left to figure out how high up the table to look, combined with the prior record score on the top to figure out how far to the right to look will get you to a single square with some numbers in it (more on that in a second). If you follow, the higher up on the matrix and the farther right you go, the higher the likelihood of jail and the longer the potential times in jail.

 Once you find a box in this table, you will see a range of numbers. This could be “RS-2” (probation to 2 months) or “108-126,” in terms of months. That is the “standard” range of the potential sentence you might get based on the charged offense. On the far right, you’ll see other numbers that say +/- 3 and so on. That means that you’ll look at the bottom number of your standard range and subtract that number by the corresponding +/- block on the far right. You would add that same number to the higher number of your standard range. This will give you your mitigated or aggravated ranges of your sentence.

Let me provide you with an example of what this really looks like. If you have a new offense and it has an offense gravity score of 4 and you have a prior record score of 4, your standard range sentencing guidelines would be 6-16 months. You would then subtract 3 from your bottom number (6) for a mitigated range sentence of 3-6 months. You would add 3 to the top number of 16 months to get to an aggravated range sentence of 19-38 months. That gives your total sentencing guidelines with all of its possibilities.

However, now that we’ve gone through all those technical questions, remember, individual attorneys make all the difference in potential sentences and in the way cases turn out. If you get a not guilty or a dismissal, you don’t have to worry about anything I just talked about. You should also remember these potential sentences are guidelines. Sometimes there is the possibility for sentencing that can fall “outside” the guidelines. This means that it is possible that the numbers in the table might not apply to you. Further, a good attorney knows how to advocate for their client in the event of a need for sentencing. A good attorney will at least force a judge to consider whether the sentence he would give is appropriate, or perhaps, whether there is a better alternative, like house arrest or alternative housing that might apply.

With all that being said, don’t be fooled or feel a false sense of security because you might be on the bottom left side of the matrix. Sentences can be run consecutive (one after the other), so having multiple charges can double the potential sentencing guidelines or worse. Sometimes the Commonwealth can add sentencing enhancements which are found in the sentencing code to make the guidelines change. Even in a situation where it looks like you should get probation can get out of hand if you don’t have a knowledgeable and talented attorney representing you. Yes, sentencing is very complicated; the good news is, I’m here to help walk you through it, if it should ever be necessary.

So, what do you do if you find yourself at this page because you or a loved one isn’t sure what could happen to you because of a criminal case? My best advice is to call me ASAP. Pietropaolo Law can be reached at 412 407 3880 by call and text.

Be safe, be smart, and be prepared,

Domenic Pietropaolo, Esq

Automated Speed Enforcement- The Unconstitutional Expansion of the Surveillance State

Robot police- Sci Fi movie or real life in Pennsylvania?

If you’re like myself, you may have recently got a bit of unwanted mail from PennDOT telling you “you have a ticket.” I have no doubt that the average person receiving one of these in the mail is shocked and furious. Its likely you don’t even know what happened. Worse still, you open the letter to find pictures taken of your car travelling “over the speed limit” and a section of law telling you that the only way to defend against this ticket is to claim someone stole your car, you don’t own the car, or there’s a problem with PennDOT’s traffic enforcement technology.

If you’re anything like me you might be rather alarmed that the law has been written to limit you to only 3 possible defenses. What if they don’t apply to you? What if there was a good reason for you to be speeding? What if it wasn’t even you speeding in the car, but rather a family member or friend? And aside from all of this, since when do we defend ourselves against robot police where one of the defenses is to try and challenge the functionality of this technology, something few of us in the public understand.

When I recently was cited by one of our new automated speed enforcement machines I was annoyed (who likes to get a speeding ticket). Just like I’d advise anyone, there is really never a reason to not fight a traffic ticket. As I read through the automated speed enforcement statute to prepare my defense, I quickly learned that the government doesn’t want you and I challenging their robot policeman. They wrote the law to make sure few use-able defenses can be used to fight back against this expansion of the ever-larger surveillance apparatus in this county.

Despite all that, hope is not lost. If you’ve been ticketed by the automated speed enforcement system, call me. There are a lot of problems with this law and its so new that no one has been able to challenge it. The fact is, the robot police and the law that set them up are unconstitutional for a host of reasons including a violation of our due process rights, and by setting up PennDOT as a state wide police system, despite the fact that they are an administrative agency.

So, what do you do when the robot police come for you? My advice is to call me ASAP so we can work together to limit the spread of the surveillance state. Pietropaolo Law can be reached at 412 407 3880 by call and text.

Be safe, be smart, and be prepared,

Domenic Pietropaolo, Esq.

I’ve Just Learned There is a Warrant Out for My Arrest- NOW WHAT?

You would be surprised how many people have asked this question (even people who’ve never been in trouble in their lives and yet they misplaced the date they were supposed to show up at court to fight a traffic issue); you’d be even more surprised to find that many attorneys don’t know the answer, or at least the best practice answer.

The chances are that if you’ve found this blog you are facing this very issue or perhaps someone close to you is facing this issue. It is a scary prospect to hear the word “warrant’ associated with “insert name here”. Well, there isn’t reason to panic just yet. The seriousness of warrants oftentimes varies as much as the difference between being charged with summary, misdemeanor, and felony level offenses. The seriousness of any particular warrant also varies with where the warrant is coming from, and who has issued that warrant. Sometimes a warrant is a simple matter of clearing up a clerical error with your local magistrate. Sometimes it’s a matter of simply assuring the issuing court that you will simply show up when you are called to return to answer for whatever the warrant is for. Still other times, a warrant is very serious and a stay in the local jail, even a brief one, is on the cards.

So, I’ve just learned there is a warrant out for my arrest- now what? Well, the first and most essential thing to do is to contact a criminal defense attorney. Lots of folks, especially those who have never interacted with the justice system before, might go to the attorney that their family is friends with, or maybe the attorney who handled your divorce because you had a good experience there. Is it possible you can go to them and they can help? Yes. But is it advisable? No. The criminal justice system is a complex engine with a lot of moving parts that will eat up attorneys who aren’t familiar with it. I’ve seen attorneys try and dabble in criminal defense work many times and every time I see the mess they are leaving their client it makes me cringe.

The second thing to do is a fairly open question. Lots of what happens from this point forward will depend on your particular case and your particular attorney. In general however, you will likely be preparing to turn yourself in to clear the warrant. Do not go and do this alone. No matter if your issue is as trivial as failing to report for court on a traffic ticket you never know what might happen and what sort of mood the judge you’re about to see has on a particular day. Generally, it is inadvisable to go and do this without an attorney with you. If not an attorney, at least bring a trusted friend or family member who can keep your important items, seek legal help on your behalf, and be prepared to post your bond or at least make sure you have money on your books if a stay in the jail is coming.

The third step is, again, an open question. If your warrant is cleared and you are able to go on home just make sure you show up for court with an attorney next time you come back! If you get held in the jail pending your ability to post monetary bail, you’ll see just how important it is to have a trusted family member or friend coming with you to deal with this warrant issue. If you’re held in jail and your bail is denied or a bail amount is imposed that you can’t pay, then it is time to get serious about finding a criminal defense attorney to help you deal with this mess. The less time you spend in the jail, the better.

So, what do I do when I find out there’s a warrant out for my arrest? My best advice is to call me ASAP. Pietropaolo Law can be reached at 412 407 3880 by call and text.

Be safe, be smart, and be prepared,

Domenic Pietropaolo, Esq.

Traffic Offenses are trivial- unless they land you in jail!

I just got a summons to show up at court to deal with a traffic ticket. I don’t feel like going; I’ll just plead guilty and pay the fine. What’s the worst that can happen?

So, you’ve been charged with a traffic offense and now that cop who wouldn’t let you off with a warning has left you with a nice ticket for several hundred dollars and the option on the back to pay it by mail or online with a guilty plea, or the option of asking the court to schedule a summary traffic trial so you can defend yourself. Who has time to go to deal with a ticket? I’m going to lose anyway because the government just wants to meet its ticket quota and I have better things to do.

Well, what you don’t know about traffic is, it’s not just an inconvenience while you’re driving home. That ticket you were just issued could be the first handful of ice and snow that eventually becomes the snowball you can’t get out from under. Traffic citations are oftentimes insignificant little annoyances that you deal with by paying a fine and going on your way. The problem is that people just don’t understand the ramifications that our massive traffic code has on their life. Maybe you got arrested for speeding one too many times. Maybe you forgot to pay for your license and registration. Maybe you drove without insurance. Maybe you’ve accumulated enough points in year for your license to be suspended. Well, everyone has to work right? I have to drive to get there, so what happens when you get pulled over with a suspended license? Another fine? OK so what its just money.

Well, the problem people start to face is that these little annoyances result in license suspension. If you get pulled over with a suspended license you’ve just landed in quicksand. While driving with a suspended license isn’t an automatic jail sentence, it is a several hundred dollar fine and, more importantly, an extension of the time you have a suspended license! Now when you urgently have to be somewhere and you have to drive because there is no other option, and you get pulled over, you’re starting to look at mandatory jail time. Mandatory jail time means your local magistrate who hears your traffic offense has no choice but to sentence you to jail time. Does that mean you’re actually going to serve time? Not necessarily. But it does mean you need to get an attorney ASAP.

And just to add on; if you’ve been convicted of a DUI and you get pulled over for having a suspended license DUI related. Get an attorney immediately. A traffic conviction for this offense carries mandatory jail time on the first offense. It also continues to expand the time you have to deal with license suspensions. I’ll elaborate more on this in my next blog posting.

At this point, my hope is that you can see the trouble our traffic code can land you in. Even though it’s a summary offense and not as serious as being charged with a crime, it can become just as serious if you aren’t careful.

So, I just got a summons to show up at court to deal with a traffic ticket. What should I do? My best advice is to call me ASAP. Pietropaolo Law can be reached at 412 407 3880 by call and text. No matter how annoying and stupid a traffic citation can be, lets make sure it stays that way. Stupid and annoying is a lot better than facing years’ worth of license suspensions and potentially, time in the jail.

Be safe, be smart, and be prepared,

Domenic Pietropaolo, Esq.

What are the court system and PennDOT hiding from you?

What do you mean I’m guilty of driving without a license because of a DUI suspension?? I finished my probation and paid my fines for that that years ago!

I’ve learned in my own experience over the course of years that lots of attorneys, the court system and PennDOT have needlessly created, or at least negligently allowed, droves of people to fall into the never-ending trap of being convicted for driving on a suspended license thanks to a prior DUI.

If you’ve had a DUI conviction in your life, its not the end of the world and you’re certainly not alone. Is it stupid and irresponsible to get a DUI, especially these days? Yes. But it still happens and lots of people who have been convicted for DUI go on with their lives and everything turns out fine. The trouble is, when you’ve received a DUI conviction, your attorney says, “great I’m glad we resolved this and best of luck to you,” the judge says, “you get six months probation, fines, and you get a suspended license for (x amount of time), and PennDOT mails you a letter saying, “you have to surrender your license to us within x days.”

Do you know what is missing from what everyone one of those folks have told you? Your license is, for all intents and purposes, suspended forever! No, its not literally suspended forever but most people assume that when the suspension period ends (typically after a year) that they just have their license back. The truth is you don’t get that license back automatically. You need to reapply for your license from PennDOT and not until you have a new license in hand are you legally able to drive again. Further, you can’t get your license back until your suspension period is over and all outstanding court fines are paid off.

So, what do you do? Pay off all your court costs and stay connected with PennDOT to be sure you’re doing everything you have to do to get your license back. If you’re having problems, my advice is to call me ASAP. Pietropaolo Law can be reached at 412 407 3880 by call and text.

Be safe, be smart, and be prepared,

Domenic Pietropaolo, Esq.