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Robert E. Mielnicki
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Robert Mielnicki’s Answers

29 total

  • I got charged with possession of marijuana with purpose to deliver but only had two grams of it can I get off?

    the found items like a grinder a scale and a couple of baggies but only 2 grams of actual weed in all so I was wondering is it good possibility of getting off?

    Robert’s Answer

    2 grams does not seem like a great intent to deliver case. I would need to know more though like did you make any statements or have a lot of cash.

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  • What options do I have for non-resident speeding violation?

    My girlfriend was driving in PA in Crawford county and received a speeding ticket for 90 miles in 65 mile zone. She is a citizen of Canada and lives in Ontario. Is it worth getting an attorney to reduce the ticket? How does this impact her? What w...

    Robert’s Answer

    Most states are part of a compact and you would receive points for a Pennsylvania speeding conviction that would likely carry over to the state you are licensed in. I do not know Canadian law. Hurry up and speak to one to see if it matters what happens in PA. If it does, I would hire a PA lawyer. I have often gone to the hearing without my client and achieved a favorable result.

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  • What should I place on my job applications? As far as criminal background check?

    In 2008 I served defferred adjudication for mis. Theft.. completed it successfully.. I'm currently in the final 4 months of another defferred adjudication for mus. Evading arrest.. if I live in Texas and this is not considered a conviction how do...

    Robert’s Answer

    Contact a lawyer in Texas. In most jurisdictions, you should not have to disclose non convictions.

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  • House arrest?

    my sister and boyfriend of ten years were both arrested? They both were both granted house arrest, can he both ne at the same house? Please let me know i need help. Howdo i find out? This is in philadelphia pa.

    Robert’s Answer

    Chances are pretty good they can both be in the same house. There is no law against that. The Probation office might have something to say about that but I doubt it.

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  • I made 5 false claims to and short term disability insurance company and they are investigating it what should I do?

    The claims are for about 2000 dollars total I made false forms from hospitals to process my claims

    Robert’s Answer

    Hire a lawyer and follow his or her advice.

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  • Can I receive house arrest for my 3rd DUI. I have 2 jobs and can't lose them? I live in Erie pa this happened in elk county 130

    I received my 3rd DUI .2 bac. I cooperated and the police said they would talk to da state I was respectful and very cooperative

    Robert’s Answer

    Yes, under the law you can for a 3rd, but not a fourth in 10 years but I have had judges give house arrest for a fourth in 10 years. I am not sure though if an Erie judge will give you house arrest for a 3rd though.

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  • Arrested for first offense DUI. Will be admitted to ARD program. Will this have an effect on employment?

    I was arrested a few weeks ago for suspicion of DUI. My lawyer is getting me into the ARD program, which he told me will not result in a DUI conviction on my criminal record (correct me if I am wrong). I was just given a job offer as a physical th...

    Robert’s Answer

    Once done, you are entitled to expunge records pertaining to your arrest and prosecution. PennDot hangs onto record of any action it took for 10 years though. If employer gets access to driver history, the employer will see the DUI.

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  • Looking for witness for DUI

    My husband was found unresponsive sitting in our van at the stop sign across the street from our home; the van was running at the time. A female neighbor informed me that he had been sitting there for awhile, I called 911 to report him. Prior to...

    Robert’s Answer

    If the van was on the roadway, as opposed to parked on the side of the road, and the van was running, I do not believe that she needs a witness. There is enough circumstantial evidence that he drove to that spot and was in actual physical control or had been such at some point, while under the influence. Was his BAC really .5? That is very high. You say "at the stop sign." I would love to know more about where he was. I have won quite a few cases where my client was in a parked car with the engine running, but close to a bar, and in a parking spot.

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  • Why aren't Males and Females Treated the same for same sex crime?

    I know a friend who is being charged with an attempted sex crime and they want to have him serve 36 months. A female commits the crime but only get a month. I don't see how that is fair. In my opinion if you commit the sex crime either male or fe...

    Robert’s Answer

    Your theory is, unfortunately, correct. While we "evolve" in our views each and every year, there are some views we stubbornly hold on to. One of them is that teenage boys are not "victims" of sex with adult women like teenage girls are victims of sex with adult men. When the victims though are very young, trust me, a female will likely be punished as severely as a man.

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  • If we had a sober drive and ended up crashing because of the snow can i still get a DUI

    It was my boyfriend me and our driver. The driver had slid into an icy patch. We had a ride come pick the driver up to go get his truck to pull us out. My boyfriend and i stayed with my car. Someone ended up calling the police. So they showed up, ...

    Robert’s Answer

    He can be charged. Police can charge but that does not mean he will be convicted and it sounds, from what you are disclosing, that he would have a great case.

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