Amato T. Sanita’s Answers

Amato T. Sanita

Philadelphia Criminal Defense Attorney.

Contributor Level 6
  1. Guilty or not guilty ? Unsure how to plead for my 13 yr old son.

    Answered about 1 year ago.

    1. Michael Kotik
    2. Michael Lawrence Doyle
    3. William A. Jones Jr.
    4. Amato T. Sanita
    5. Kevin Mark Wray
    6. ···
    8 lawyer answers

    Whether or not actual intent exists to commit a crime does play a role in your determination of whether to plead guilty or not. However, other crimes may have been broken during the unintentional acts and could be considered "reckless". A reckless standard is sometimes applied when a person lacks the requisite intent to commit a crime but acts in such a reckless manner that intent is now negated. It is important to review the exact details of your sons case with an attorney so that every...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Guidelines for a public defender? please help

    Answered over 2 years ago.

    1. Carina Laguzzi
    2. Michael James Reed
    3. Leo Michael Mulvihill Jr.
    4. Amato T. Sanita
    4 lawyer answers

    In order to qualify for a public defender in Philadelphia you must either make a request for a public defender directly to the Judge or be interviewed by pre-trial services in Philadelphia which is located in the court administration building on Arch Street. In either case you must provide proof that an individual is indigent and has no other source of income that would allow a person to hire an attorney. The most important thing is to be completely honest and candid with the Court....

    1 lawyer agreed with this answer

  3. If i have a clean driving record and was clocked at 85/70mph zone what are my chances this will be dropped?

    Answered almost 2 years ago.

    1. Arkady Rayz
    2. Amato T. Sanita
    3. Michael Curtis Greenberg
    3 lawyer answers

    Given your solid PA driving record,chances are the ticket can be resolved in a manner that will not tarnish your driving record. First, it is essential you have a certified copy of your PA Pendot record with you when you challenge this ticket. Additionally, most Courts require you to have an attorney with you. The fee you pay an attorney will likely more than be made up by the removal of driving points and in some cases the fine itself. Just be careful not to enter a guilty plea to any motor...

  4. CRN Evaluation

    Answered over 3 years ago.

    1. Kevin Thomas Birley
    2. Kevin Michael Leckerman
    3. Amato T. Sanita
    3 lawyer answers

    The CRN evaluation is mandatory for most counties in Pennsylvania involving an arrest for DUI. If an accussed has no prior record it is often part of the ARD program, but the CRN is often used for all DUI cases, regardless of ARD. At this time, the fact that you test positive should not overly affect your admission to ARD. However, if you continue to fail urine tests you could be removed from the ARD program and potentially face more serious consequences.

  5. Friend was charged with reckless endangernemt (had minors in car) dui x 3 for controlled substances//endangering welfareofchild

    Answered over 3 years ago.

    1. Amato T. Sanita
    1 lawyer answer

    A second DUI conviction in 10 years that includes a controlled substance (like cocaine, marijuana, etc.) would carry a minimum 90 days incarceration sentence in Pennsylvania. However, because of the other charges, this may not be the extent of her exposure. I recommend she speak to a Criminal Defense attorney to further discuss the matter.

  6. Does the ARD Program show up on a Criminal Background Check?

    Answered over 3 years ago.

    1. Adam D. Zucker
    2. Forest Dean Morgan
    3. Amato T. Sanita
    3 lawyer answers

    As stated, an expungement is necessary to remove the charges once the ARD program has been completed. A formal order must be prepared for a Montgomery County matter and all documents relating to the successful completion of ARD must be attached.

  7. My husband violated probation by failing to turn hisself in for his every other weekend jail arragement 8x and testing positive

    Answered over 3 years ago.

    1. Adam D. Zucker
    2. Amato T. Sanita
    3 lawyer answers

    As recommended, you should obtain an attorney to represent your husband. While he faces multiple technical violations of probation because of his drug use, an attorney could seek out available treatment programs for him in advance of any sentencing. (Thus giving the Court an option not to continue incarceration) However, you husband may also face an escape charge. (That will be determined by the manner in which the Commonwealth moves his case.) In most cases, the violation of probation will...

  8. Had a petty theft charge over a year ago, will future employers be able to see it?

    Answered over 2 years ago.

    1. John C Conard
    2. Maury Devereau Beaulier
    3. Thomas C Gallagher
    4. Amato T. Sanita
    4 lawyer answers

    Yes, if a conviction by way of a guilty verdict or guilty plea was had, it will appear in that jurisdictions recording system as well as a Federal FBI record. However it does seem by your question that this case was handled in a pre-trial alternative disposition manner. In that case it may be an expungable offense and probably can be removed from your record. Additionally, if the public defender handling your matter did get an agreement to expunge from the prosecutor then the case will be...

    1 lawyer agreed with this answer

  9. Do I need a civil rights and criminal defense lawyer?

    Answered over 4 years ago.

    1. Kristen D. Clardy
    2. John M. Kaman
    3. Amato T. Sanita
    4. Alan James Brinkmeier
    4 lawyer answers

    I agree that you should certainly consult an attorney the locality where this occurred. While ultimately a civil rights attorney will be needed for any Federal Civil Claim, consulting a good criminal attorney is the place to start.

    1 person marked this answer as helpful

  10. Is it legal for officers to "coach" victims prior to a controlled phone call?

    Answered over 3 years ago.

    1. Amato T. Sanita
    2. Theodore W. Robinson
    3. John P. Yetter
    3 lawyer answers

    There really is not a simple answer to this question. Properly stated, "Is it legally sustainable in a court of law?" That depends on the jurisidiction and manner in which an authority (like the police) intend on using the information. The information can be the result of an unlawful government action if its intended use is as a confession. However, when the information is for "investigation purposes" some courts have allowed the police to act in that manner. I would advise the defendant to...

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