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Michael Kotik
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Michael Kotik’s Answers

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  • Can I appeal my guilty plea before I make my first payment even though my payment was due 2 days ago.

    I was pulled over Halloween night. The officer pulled out behind me and proceeded to follow me for between 2.5 and 3.5 miles. I knew he was behind me but a vehicle in front of me was going about 10 under the speed limit. I proceeded to pass him in...

    Michael’s Answer

    Yes you can definitely do that. Once you appeal everything should technically stay meaning everything is put on hold until after the appeal.

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  • What can I do to prevent this

    My boyfriend is in jail in one county for probation violation and he has a upcoming court date in another county but he won't be able to make it cause he will still be incarcerated can they put a warrant out for his arrest even though he was in ja...

    Michael’s Answer

    They may just issue a bench warrant for him. However some courts have a preliminary hearing for example may continue on with the hearing without him. Best advice for the situation is to get a lawyer to deal with both counties and the probation officer

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  • What I can I do legally

    I have some people that are bothering me online . It's been going on for 3 yrs . I reported to Facebook and they refuse to do anything . Recently they posted my mugshot online for everyone to see . How can I make them stop legally? Is there anythi...

    Michael’s Answer

    Contact the police. You may be able to file some kind of charges depending on their actions.

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  • How much and how long does it take to get you're criminal record clear

    not so much traffic violations but regular criminal violations and misdemeanors

    Michael’s Answer

    A couple of months. Depends on the County.

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  • What is the liklihood that a 23 yr old convicted of retail theft due to drug abuse b released to a long term rehab

    The above mentioned has been into countless rehabs., all short term. The stay never long enough. The thefts were due to a 5 year heroin addiction, the person is in need of help ..not jail time

    Michael’s Answer

    It will certainly depend on the argument you put forth in front of the judge. I agree, that rehab is something that is a better alternative to jail for some people. However, it's not for everyone. Long term rehab is extremely difficult to deal with, and you have to be committed. Especially, if the Judge allows you to do your time in an inpatient facility.

    If you can prove a long tail of addiction, you might have a chance explaining that long term care might do the trick. It's going to depend on the judge, the crime, your own argument...etc...

    I would suggest hiring a criminal defense attorney to help you...

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  • Speeding in PA

    I drove past an electronic speed recording device on the side of the roadway and was clocked at 28mph in a 25mph zone. Should I expect a speeding ticket in the mail?

    Michael’s Answer

    It's possible. But you were only going 3 miles more than the speed limit. I don't know why they would waste the paper sending you a ticket for something so minor. But, I have seen weirder things happen.

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  • Can I request police video in PA?

    I was arrested out of retaliation because of pending civil litigation and now have been charged with something criminal. I have requested the video footage and have been denied by their attorney that is handling their civil case, but I am the now ...

    Michael’s Answer

    You can try to subpoena the tapes. However, the legal process to achieve this is rather complex, you should really have a lawyer do this for you.

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  • If a person was charged with M1-Theft by receiving charges can the Plaintiff request a dismissal or a withdrawal?

    A person borrows money without prior authorization, the Plaintiff contacts the police and a complaint is filed. The Defendant is arraigned and bound to the Commonwealth for M1 - Theft/Receiving Stolen Property. The Formal Arraignment is waived, th...

    Michael’s Answer

    • Selected as best answer

    In criminal law there really is no Plaintiff, its the victim in the case. They can ask the Prosecutor to withdraw charges, after restitution is taken care of, but it is really up to the Prosecutor on the case as to whether or not they are going to withdraw charges.

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  • Can a friend, not a dealer, be charged in someones overdose death in a circumstance where he/she helped get them the drug?

    2 Friends put there money together to buy drugs. One friend takes the ride to pick up the drugs and returns back to get high. The next morning the one friend does the rest of heroin and overdoses and dies. Can the other friend be charged in relati...

    Michael’s Answer

    That is certainly possible. At this point you should not talk about this anymore online or if anyone else and try to consult an attorney. I've dealt with these kind of cases and when somebody dies it's quite a problem.

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  • Responding to a craigslist ad

    I responded to a craigslist ad in causal encounters. The ad stated the girl was 20 and looking for sex. in the ad a phone number was left asking for a pic of my privates to be sent to her. She said she would respond with a yes or no and where to ...

    Michael’s Answer

    Anything is possible. At this time there are too many variables to determine what could or could not happen. I would suggest printing out the ad and saving it. And refrain from doing anything else.

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