Robert E. Mielnicki’s Answers

Robert E. Mielnicki

Pittsburgh Criminal Defense Attorney.

Contributor Level 8
  1. Looking for witness for DUI

    Answered 4 months ago.

    1. Thomas J. Wagner
    2. Robert E. Mielnicki
    3. Jay Scott Finnecy
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

  2. Can I report a "witness" in a criminal case who is here illegally to immigration officials?

    Answered 7 months ago.

    1. Alexander Joseph Segal
    2. Giacomo Jacques Behar
    3. William A. Jones Jr.
    4. Irena Shiloh
    5. Robert E. Mielnicki
    6. ···
    6 lawyer answers

    You can do anything you want to that is legal BUT this could backfire. One, there is no guarantee the witness will be picked up and not available for your trial. Two, this might end up backfiring on you. You should run this by your lawyer.

    2 lawyers agreed with this answer

  3. I recently retained an atty who told me that my DUI / ARD can be appealed and possibly vacated. I had asked this question here

    Answered over 1 year ago.

    1. Robert C. Keller
    2. Daniel M. Myshin
    3. William A. Jones Jr.
    4. Robert E. Mielnicki
    4 lawyer answers

    You can probably opt out of the ARD program at any time by saying you do not wish to participate. You better have a winnable case though because once you opt out, you need to win your case to do better than ARD.

    2 lawyers agreed with this answer

  4. A friend just got a DUI which will be the 3rd one, but only 2nd in a ten year time frame. She refused the blood test also .

    Answered over 1 year ago.

    1. Ross Marvin Miller
    2. Robert C. Keller
    3. Michael Lawrence Doyle
    4. James C Forslund
    5. Robert E. Mielnicki
    5 lawyer answers

    She is facing a mandatory minimum of 90 days and a maximum of 5 years. i have been practicing criminal defense for over 20 years in many counties and I have never seen anyone get the maximum on a 2nd in ten years, and a 3rd overall. It would help if you told us what county this was in. In Pittsburgh, this person is looking at 90-180 days of house arrest. Of course, if she refused, and she has some legitimate reason for refusing, other than fear of the result if she drank too much, she could go...

    2 lawyers agreed with this answer

  5. Judge refuses DUI plea deal.

    Answered almost 2 years ago.

    1. Robert E. Mielnicki
    2. Kevin D. Etherington
    3. Mark Blair
    3 lawyer answers

    I doubt the judge lets "killers" into ARD. That requires the DA to agree and I doubt DA s are letting "killers" into ARD. Moreover, you can't even get ARD for murder. As for the judge rejecting the plea agreement, I am going to speculate here that the DA offered to let the person in as if he had a lower BAC than he actually had. I see that arrangement rejected by a lot of judges. House arrest for a fourth offense is also illegal but I have obtained such a sentence for my clients but I have also...

    2 lawyers agreed with this answer

  6. Early Termination of Probation

    Answered almost 2 years ago.

    1. Robert E. Mielnicki
    2. Robert C. Keller
    3. Mark Forrest Walmer
    3 lawyer answers

    With all due respect to the attorney who stated that the judge has no "power to change your sentence" he is talking about the power of a court to modify the original length of the sentence. He is talking about the fact that, in order for the court to modify a sentence, a motion should be filed within ten days of when the sentence was originally imposed and the fact that the court would have 120 days to grant or deny such a request. It would be deemed denied by operation of law if not ruled upon...

    2 lawyers agreed with this answer

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

    Answered 3 months ago.

    1. Adam D. Zucker
    2. David B Sherman
    3. Robert E. Mielnicki
    4. William Ashby Underhill
    5. Joseph Michael Smith Caballe
    5 lawyer answers

    Hire a lawyer and follow his or her advice.

    1 lawyer agreed with this answer

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

    Answered 7 months ago.

    1. Daniel M. Myshin
    2. Joseph John Nash
    3. Jeffrey Larkin Wertz
    4. William A. Jones Jr.
    5. William Alton Young Jr.
    6. ···
    6 lawyer answers

    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.

    1 lawyer agreed with this answer

  9. What will happen since I had my boyfriends prescription in my purse?

    Answered over 1 year ago.

    1. Robert C. Keller
    2. William A. Jones Jr.
    3. Adam D. Zucker
    4. Robert E. Mielnicki
    4 lawyer answers

    I agree with these other guys that we need more information. Not usually at issue in possession cases is that you have to not be licensed or privileged to possess the drugs. say that I pick up my wife's prescription at the pharmacy. Obviously, I can transport it home. Say my mom asks me to bring her pills to her. Obviously, I can. The fact is that i seldom see this issue brought up or implicated. More information would be helpful.

    1 lawyer agreed with this answer

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

    Answered 3 months ago.

    1. Cathy Sue Compton
    2. Robert David Miller
    3. Robert E. Mielnicki
    3 lawyer answers

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

    2 lawyers agreed with this answer