Brad Victor Shuttleworth's Answers

Is it too late to drop criminal charges after a preliminary hearing?

An individual (sometimes referred to as a complainant or alleged victim) does not have the ability to "drop" charges in a criminal matter in Pennsylvania. Only the District Attorney's Office may do so, as it is them who represents the Commonwealth of Pennsylvania. If you are a complainant, and you don't want the Commonwealth to pursue charges, you may or may not be successful, because it is the District Attorney's case, not yours. You should consult with a lawyer about this matter, before...

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I have recently been charged with reckless endangerment of another person, my ? is what is the usual punishment for this charge

Recklessly Endangering Another Person (REAP) is a misdemeanor of the second degree in Pennsylvania, which is punishable by up to two years incarceration. However, that is just the maximum possible penalty under PA law. Assuming the worst case scenario, that one is convicted of REAP, the PA Sentencing Guidelines have to be considered by the sentencing judge. The guidelines take into account an offense gravity score, a score attributable to the specific offense, as well as the prior criminal...

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My friend is on the run. He has no record and he is afraid to turn himself in because he has a 1 yr old son. What should he do?

On the run from an arrest warrant or a bench warrant? It makes a difference. The longer one is on the run, the worse it looks at trial. For example, the government could (and will get) a flight charge if there's a jury. That is, the judge could instruct the jury that the defendant has a consciousness of guilt because of being on the run. Your friend needs a good criminal lawyer to help with this situation. Feel free to call me at 215.665.1695.

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What am i looking at as far as charges

I'll speak to the most serious charge, possession with intent to deliver ("PWID"). Drug sentencing in Pennsylvania for a PWID charge is driven first by the drug, then by the weight. If you call me, I can give you the breakdown. Click on my profile and give me a call. However, before you start to think about sentencing, you should think about the ways to defend the case. I would need more facts than what you can (or should) post here. Such things as motions to suppress evidence, motions...

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How much time will my husband get for selling an ounce to an undercover cop?

There are some questions that an experienced defense attorney would want to know before answering the question of how much time your husband is looking at. The first two questions would be what is the type of drug and what is the weight of the drug. Why? Because mandatory minimum sentences in Pennsylvania are driven by drug types and amounts. In addition, if the drug and weight involved do not trigger mandatory sentences, the drug type and weight still play a factor in the sentencing...

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What does it mean when it says i have a bench warrant but its in active? Am i wanted or not?

What says what is inactive, that is the question, because it depends what source you are looking at for your information. It may mean the case is "inactive" because there is an "active" bench warrant for your arrest. Give me a call, and we can try to look it up quickly for you. 215.665.1695. Ask for Mr. Shuttleworth.

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Flagged from working at any retail jobs due to retail theft

The issue is not that you've been "flagged" for working in retail, but that you probably have a criminal record that appears when employers conduct a criminal background check as part of the hiring process. I recently discussed some of these issues in a blog post of mine that you can read here: http://phillydefenselawyer.blogspot.com/search/label/Expungements%20and%20Pardons In Pennsylvania, convictions cannot be expunged from your record. You probably have a conviction if you were found...

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My friend was recently charge with robbery first time ever arrested He rob a department store he used to work at for 30000.

There is no way an attorney can advise you, with no information on the case, whether your friend should plead guilty. There are way too many variables that an attorney has to evaluate when talking about taking a plea. For example, an attorney will need to read the discovery, he or she should know which judge your friend will be in front of, and they will need to evaluate other key details of the case before seriously thinking of taking a deal. This is why you should speak with an attorney...

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What would sentencing be in a first charge possession of 8 envelopes of heroin?

Whether you are charged with simple possession or possession with intent to deliver depends on several factors, such as weight, packaging, whether money, scales, new and unused packaging, etc., was found. The difference in sentencing between these two charges is huge. Merely sleeping in a car does not permit police to search you or your car, so you may have a meritorious motion to suppress evidence. However, I would need more information to give you a better opinion. Please feel free to...

Can I ask to have a charge expunged?

If you remain arrest-free for five years after your conviction for disorderly conduct (so long as it's graded as a summary), you have the right to petition the court for an expungement. The court cannot order the expungement at the time you enter the plea and get sentenced, however. If you have any more questions, please feel free to call. 215.665.1695.