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Julian G. Allatt

Julian Allatt’s Answers

10 total

  • I have a disorderly conduct charge but I was in a bipolar blackout. should I plead guilty or not guilty?

    Do to the blackout I have no memory of the day I was to have committed the crime. my husband did witness the event . he says I yell and bang the boor in on the person pressing the charges.

    Julian’s Answer

    As a starting point, I agree with Mr. Wigell who suggested that you should always plead not guilty before speaking to a lawyer. To answer your question more specifically, though, I would say that based on your question, it is your position that you are not guilty of committing a crime. In many circumstances, persons who receive summary citations for disorderly conduct (I'm assuming that's what you received) know they were being disorderly-- fighting in a bar, acting up at a party, etc. In such cases, it is sometimes advisable to simply pay the fine and move on. In your case, it sound like a medical issue may have contributed to the incident. To be guilty of disorderly conduct under Pennsylvania law, the police or prosecutors must prove beyond a reasonable doubt that you did certain things with the INTENT to cause public inconvenience, annoyance, or alarm. In your case, it sounds like a "bipolar blackout" was the root cause of your alleged behavior and it was not your intent to cause alarm. Of course, this would mean mounting a fairly substantial defense to a relatively minor crime and it may even require expert medical testimony which can be both costly and time consuming, but that is a decision that you will have to review with a criminal defense attorney in or around Warren county. I wish you good health and the best of luck.

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  • Can a detainer be lifted and is house arrest a possibility?

    Parole and probation are running concurrently. Both of which are being supervised by state parole. There is currently a detainer, but there is a max out date of July for parole. Will the detainer remain even after the max out date? Also is house a...

    Julian’s Answer

    I agree with Mr. Wilson. Questions related to parole/probation and detainers are very complicated, fact specific issues. "Lifting" a detainer typically means resolving the underlying issue, so if there is a pending parole violation the case will likely have to go to a hearing on the issue of revocation before anything is "lifted." As a practical matter, however, there is the possibility that the Board simply wont make any moves to revoke/sanction/resentence, etc. if the individual has maxed out of the case anyway. Again, Mr. Wilson is correct-- speaking to the attorney who is most familiar with the specifics of the case is really the only way to get a good, comprehensive answer.

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  • Do two retail thefts in PA as a minor stay on record forever?

    I was told by a police officer that minors with retail theft or any non-violent crime automatically goes off-record when an individual is no longer a minor. The officer seemed to have no idea what he was talking about. He arrested a minor at a Wal...

    Julian’s Answer

    I agree with Mr. Burn's response. There is a process you can go through called expungement which in certain circumstances could allow you to have the charges removed from your record. I would add, however, that public record searches that are utilized in the private market do not typically pick up juvenile offenses. They do not "go off" your record (depending on how the case was handled at the juvenile level), but they will likely not be picked up by background searches conducted by a potential employer, for example. There is also the issue of whether the offenses could be used against a person as factors in prior record score calculation in the event of a future prosecution as an adult. For most retail theft offenses, the answer would be no.

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  • Are public defenders really no help or what , say with a felony change, even though Ur innocent

    Someone didn't claim the meth they threw out the window so everybody gets charged. When their innocent because they no ideal they had it.

    Julian’s Answer

    This is a question often asked about public defenders. Unfortunately, PD's often are unfairly seen as less than competent attorneys by criminal defendants. In my experience, nothing could be further from the truth. Think about it: Public defenders are qualified trial lawyers who have chosen to work for small state salaries in exchange for overwhelming workloads. Many PD's carry huge caseloads and they spend nearly every day in court. Why would someone do this? In my experience PD's are extremely dedicated attorneys who have chosen to work for much less money than they could make in the private sector because they truly want to help their clients. Unlike some private practitioners who are driven to maximize their hourly billable time to make money, public defenders love taking cases to trial and will fight just as hard if not harder than a privately paid attorney. For the most part, public defenders are highly experienced attorneys who like nothing better than beating cases if for no other reason than to stick it to cops and prosecutors who they work with day in-day out. Unless you have specific reservations about the attorney to who you have been assigned, I strongly advise you to give your PD a chance. They know they judges, they know the police officers, they know the prosecutors, and they know the system very well. I'm sure you are in good hands.

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  • Stolen credit card can person get in trouble

    Person A has stolen credit card and starts bar tab. Person B does not know about stolen card but orders drinks on person A tab. Can person B be in trouble for stolen credit card? Is person B responsible for paying tab? I think they should b...

    Julian’s Answer

    Interesting question. Sounds like a law school exam. In your scenario, it is unlikely that person B would be criminal responsible. Any charge that may stem from the A's theft or possession of the stolen card that could potentially attach to B (fraud, conspiracy to fraud, receiving stolen property, etc) would require proof that B was aware that the card was stolen. It could be that the circumstances were such that B should reasonably have known the card was stolen-- I.e. person A is notoriously cheap and suddenly he starts buying B drinks on his tab-- but absent some proof, it is unlikely that B would be criminally responsible. It is not clear to me, however, whether the victim of the credit card theft in this scenario would be entitled to a recovery in a civil action. From a practical standpoint, however, unless the drinks that they put on the card were extremely expensive, it is unlikely that a civil action would be very fruitful. A more learned civil litigator might want to sign off on that part of the question.

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  • Is it legal to investigate people that are suspects in a crime against them?

    The police are why too slow in looking into a B&E and Larceny at my home.A person was busted doing the same thing in the next town over driving the same type and color car.But it is two different countys so its not been easy getting the two talking

    Julian’s Answer

    If the question is whether or not you personally are permitted to conduct your own investigation into a burglary at your home, the answer is yes. However, it is important for you to realize that you obviously do not have the same tools at your disposal as law enforcement. Where law enforcement could legally conduct an investigation, obtain search warrants to enter the suspect's property, detain the individual, etc., by doing or attempting to do the same types of things as a private citizen, you could be committing various crimes-- harassment, stalking, trespass, burglary, etc. "Investigate" all you want, but tread lightly and make sure that you stay within the confines of the law. The fact that you were investigating a burglary at your home will be no defense if you are charged with one of the above mentioned (or any other) crimes. In short, any investigation would be best left to law enforcement.

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  • Can someone explain to me Florida Statute 932.63 in understandable terms?

    not understanding it lol

    Julian’s Answer

    It is hard to understand 932.63 without first looking at 932.61. Think of 932.63 like a sort of appeal process that only applies in a situation where a person has been charged in Florida with the violation of a county or municipal ordinance (lets just say you are charged with "reckless driving") AND the municipal or county reckless driving ordinance does not provide a basis for you to take the charge to a jury trial. IF the reckless driving ordinance you violated is also a violation of a state law, you may petition to have your case transferred to an appropriate state court so that you could potentially proceed with a jury trial. If both of those requirements apply: 1) Municipal/County ordinance does not provide for trial by jury and; 2) The violation of the Municipal/County ordinance is also a violation of state law, then you may petition the court in which the charges were originally filed to transfer the case to another court where state charges can be filed and a jury trial can be heard. If the individual requesting the transfer is NOT in jail, i.e., they have been released on bail or on their own recognizance, the prosecuting attorney has 30 days to act on your petition to transfer the case. After properly investigating the case, etc. the prosecutor may 1) File charges on behalf of the state (which would then allow you to proceed to a jury trial); 2) File a "no true bill", thereby dismissing the case, or; 3) Do nothing and after the expiration of 30 days the case will be dismissed.

    Hope that helps.

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  • Decovery the day is wrong for the day it happend the cops and all the papper work says 23 th it happend but was the 22nd

    Should I go to trial

    Julian’s Answer

    Your question isn't exactly clear, but I believe the issue you are asking about is that you were charged in connection with an incident that actually occurred on the 22nd but in the discovery you (or your lawyer) have received it mistakenly says the incident occurred on the 23rd. As a starting point, I would advise you to speak to a local attorney or, if you cannot afford one, apply for court appointed counsel. From the way you phrased your question, it seems that you do not deny that the alleged incident from which the criminal charges against you resulted actually occurred. It would also seem, because you know the actual date of the incident, that you have personal knowledge of the events. Add it up, and it could be that there is a real case against you. Proceeding to trial on what will likely turn out to be a simple clerical error (I.e., the incident occurred shortly after midnight and the police officer wrote down the wrong date) could be a real mistake.

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  • If I have a warrant in another city and I receive a subpoena for appearance of witness can they detain me or arrest me?

    I failed to start community service hours on a domestic violence situation from years ago. I got detained a year ago and did a month in jail and was told by the judge i had to finish my anger management classes which I did, but never signed up for...

    Julian’s Answer

    • Selected as best answer

    If a bench warrant has in fact issues for your arrest because you defaulted on a court ordered obligation, there is always the possibility that you could get picked up on the warrant by any law enforcement officer/agency that is aware of the warrant's existence. Furthermore, failure to appear as a witness if you have been subpoenaed can lead to a whole other host of problems. There is always a chance you could sneak under the radar, testify, and not get picked up on an active warrant, but there is an equally likely chance that you get picked up. I recommend contacting a local attorney who could advise you on how to proceed. As a starting point, however, I would say that failing to answer a subpoena is not an option.

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  • Can a probation officer see when you buy alcohol when your Driver's License is swiped? And if so, are they able to use it agains

    Probation question.

    Julian’s Answer

    It is very unlikely. I worked as a bouncer for many years before becoming a lawyer and in my experience the devices that are used to check ID's are not online at all. They simply read the bar code on the back of a license/ID card and display the essential information on the screen (Name, Age). Typically with a fake ID the bar code is either unreadable or the information that appears on the screen simply does not match the front of the license. Of course, there are not guarantees, but as a practical matter it is highly unlikely that a swiped ID at a liquor store will set off any alarm bells at the probation office. That being said, I agree with my colleagues: Don't violate the terms of your probation. Do your time and then have a drink.

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