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Julian G. Allatt

Julian Allatt’s Answers

84 total


  • Someone I know is on house arrest can someone report them if they know there drinking

    ok if someone is on house arrest can they drink alcohol ? (it is not cause of dui something else)

    Julian’s Answer

    House arrest is an alternative to jail. The ankle monitor typically has a sensor that will detect alcohol consumption. Do not drink on house arrest.

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  • Can I file for expungement in the county where I live or does it have to be filed in the county where the arrest occurred?

    I live in Montgomery County, PA. My arrest for retail theft (pled down to a summary offense) occurred in 1998 in Chester County, PA. I was pregnant at the time so I did not have an ARD. I just pled guilty and paid the fines. It is over 10 year...

    Julian’s Answer

    I agree with my colleagues. Your petition for expungement must be filed in the county where you were convicted. Not only is the county where you were convicted the proper legal jurisdiction, expungement actually involves the physical destruction of records in your case so your petition needs to be filed with the court where the records are located.

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  • My son was accused of rape and kidnapping

    My son received a text message from his friend (they had been talking for 2+ months) that she was going to tell her school she had to leave early, he picked her up, they went to his apt. had "relations", she had her cell phone with her while at hi...

    Julian’s Answer

    I agree with my colleagues. However, I wrote to point out that there is a big difference between taking a polygraph set up by defense counsel and conducted by a member of the defense team and a polygraph conducted by law enforcement. The former is not an uncommon strategy as it helps the defense attorney weigh the credibility of his or her client's version of events and the entire test is privileged. A test conducted by law enforcement is a different thing altogether. Usually not a good idea.

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  • When does the time start running for filing of a PCRA in PA.

    I'm very confused about the deadline for filing a PCRA. Is it 1 yr from sentencing, 1 yr from denial of Superior Court appeal or 1 yr from Supreme Court refusal to hear appeal?

    Julian’s Answer

    I agree with Attorney Mosser completely. You also must still be serving a sentence to be eligible for relief.

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  • Hello I am from Philadelphia and my son has been arrested since 11/09/15 and I want to know what kind of time he is facing.

    he just turned 18 he does not have any prior arrest records for anything and he is being charged twice with these charges aggravated assault,robbery-inflict serious bodily harm,conspiracy,theft by taking-moving property,receiving stolen property...

    Julian’s Answer

    You can help him by ensuring that he has the best legal representation you can find. Those are serious, serious charges. I wish you and your family the best of luck.

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  • I have a gta bench warrant that I need quashed

    I failed to appear for my probation violation for restitution

    Julian’s Answer

    The bench warrant will be vacated once you've made an appearance before the court to address your alleged probation violation. It will not be quashed without you effectively surrendering on the warrant and appearing in court. You need to retain counsel to advise your on your options and make the appropriate arrangements.

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  • What is the best option for Driving under suspension charge (4th 1501 violation) while on ARD?

    Husband was charged 2/2015 with First Offense DUI and possession (no alcohol, but found THC in system and had 1 gram in car), entered the ARD program. Probation until 1/2016, $3500 fines, and Drug classes. Classes are completed, fines are paid of...

    Julian’s Answer

    This is a question best directed towards your attorney. Understanding the best way to proceed here really turns on whether it is properly considered a Drivers Required to be Licensed violation under 75 Pa.C.S.A. 1501 or Driving While Operating Privileges Suspended under 75 Pa.C.S.A. 1543(b). If it is a 1543(b) offense because his license was suspended due to the DUI and not restored, if convicted he could face mandatory jail time. You need to seek the advice of your attorney on how to proceed.

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  • Should I plead guilty or not guilty to public urination charge?

    I have a summons to appear in court for a public urination charge. Is there any sense trying to plead not guilty or should I just plead guilty, pay the fine, and be done with it? I have a clean record so far. Also, what type of offense is this lab...

    Julian’s Answer

    Public urination is typically a summary offense under a municpal ordinance. The maximum fine for a summary offense is $300. Your citation will typically include the maximum fine amount plus court costs so expect to pay around $400. It is a "crime" albeit an extremely minor one. Only you can decide whether or not to plead guilty. Your decision should be based on your assessment of whether or not you believe this will have a meaningful impact on your future plans in terms of employment, professional licensure, education, etc. While I doubt a citation for public urination would present a serious problem down the road, if you have concerns you should speak to a local criminal defense attorney to discuss your options.

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  • If your lawyer advises you to take ARD when you are innocent should you? Just to save money?

    Misdemeanor assault and child endangerment were alleged.a car window was broke while trying to free his arm (he had reached in to unlock the car door to remove the child who was taken out of his car while in his assumed custody time,his wife rolle...

    Julian’s Answer

    I agree with my colleagues. The decision to try a case or not try a case is yours alone. It is a decision to be made in consultation with your attorney who understands the strengths and weaknesses based on his or her review of the evidence and a multitude of other factors that should be considered when advising a client. That being said, there are a number of very experienced criminal defense attorneys who regularly respond to questions on this forum. I would venture to say that none of them would directly contradict advise that you have received from your attorney. None of us know the specific facts and issues at play in your case. Therefore, to give case-specific advise on how to proceed would be irresponsible. Explain your concerns to your attorney. Weigh your options carefully. ARD is often a very good option. Cases involving injury to children are inflammatory and often prejudice a jury from the very beginning. Carefully consider the advise of your attorney before making any decisions.

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  • Do I need a criminal lawyer?

    I am being brought in as a witness in a criminal possession with intent to deliver case. I just got the subpoena, they sent it thru regular mail. I didnt even have to sign for it. I am scared they might ask questions that could incriminate me. I r...

    Julian’s Answer

    I agree with Attorney Hyde. You need to speak with an attorney if you have concerns that answers to questions you will be asked as a witness could potentially incriminate you. You should definitely speak to local attorneys. If you cannot afford one, I would also encourage you to reach out to the public defender's office. They may be able to assist you and even have counsel appointed if you have a clear fifth amendment privilege and need to be protected against incrimination.

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