John P. Winicov’s Answers

John P. Winicov

West Chester Car / Auto Accident Lawyer.

Contributor Level 4
  1. My son entered into a plea agreement in PA and was sentenced the next day.

    Answered over 1 year ago.

    1. Robert C. Keller
    2. Evan T. L. Hughes
    3. William A. Jones Jr.
    4. Stewart C Crawford Jr.
    5. John P. Winicov
    6. ···
    7 lawyer answers

    I agree with the other attorneys that your son has 10 days to fie motions with the trial judge to post-sentence relief such as Motion to Withdraw Guilty Plea or a Motion to Modify Sentence. All post-sentence motions must be in writing and specify the reasons why relief is requested. Remember, if he entered into a plea bargain it is far more difficult to convince the Judge to allow him to withdraw his guilty plea because he knew the sentence he was going to receive. On the other hand, if he...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. What is the most likely outcome for possession of pot and a pipe?

    Answered almost 2 years ago.

    1. John P. Winicov
    2. Robert C. Keller
    3. Mark Forrest Walmer
    3 lawyer answers

    First of all, you should know that Public Defenders are "REAL" lawyers and you if you are indigent and qualify for a public defender you will most likely receive excellent representation. Second, possession of a small amount of marijuana is an ungraded misdemeanor and carries a MAXIMUM sentence of 30 days in jail. That is the maximum, so your friends are correct that you are unlikely to be incarcerated if you are convicted of this crime. Sometimes in Chester County the District Attorney's...

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  3. Do many people in Chester County, PA that are eligible get denied for A.R.D. by the District Attorney?

    Answered over 1 year ago.

    1. Robert C. Keller
    2. Michelle A. Fioravanti
    3. William A. Jones Jr.
    4. John P. Winicov
    5. Rochelle S. Rabin
    5 lawyer answers

    I have been practicing in Chester County for most of my 25 year legal career. There is no guarantee that you will get ARD but based on the criteria (which is posted on the ARD application which can be found on the Chester County District Attorney's website) you qualify. It sounds as if you already looked at the website because you mention several factors that would EXCLUDE you and none apply. The most important factors in Chester County are, no prior record, no children in the vehicle, no...

    5 lawyers agreed with this answer

  4. If I am given a trial notice and before I say one word the judge convicts me, what can I do?

    Answered over 1 year ago.

    1. William A. Jones Jr.
    2. Robert C. Keller
    3. John P. Winicov
    4. William Ray Pelger
    4 lawyer answers

    Your question raises more questions for me. I would like to know what crime you were convicted of because if you were convicted of a summary offense such as Harassment, Disorderly Conduct, Public Intoxication, etc and case was heard before a district justice than you have a right to appeal DE NOVO to the Court of Common Pleas. De Novo means, from the beginning . In other words, you will get a brand new trial before a different judge. Based on what you wrote it sounds as if you were before a...

    3 lawyers agreed with this answer

  5. If you had a public defender because of income and they filed an Anders Brief before your Superior Court hearing

    Answered almost 2 years ago.

    1. Robert C. Keller
    2. John P. Winicov
    3. Michael Lawrence Doyle
    3 lawyer answers

    An "Anders Brief" is a brief filed by the attorney for the Defendant telling the trial court that your Post Conviction Relief Act claims do not have merit. You have a right to receive a copy of the brief and you have the right to pursue your PCRA claim without the Public Defender as your counsel. You may file your own PCRA Petition (pro se) or you may retain a private attorney to file a PCRA for you. However you do not have the right to have the Court appoint an attorney. In this situation,...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I'm just wondering how long you think my boyfriends going to be in jail? Or do you think they will just leave him go on poral?

    Answered almost 2 years ago.

    1. Robert C. Keller
    2. Mark Forrest Walmer
    3. John P. Winicov
    4. Michael Lawrence Doyle
    4 lawyer answers

    In Pennsylvania, Burglary can only be a felony of the first or second degree. It is not a Felony of the Third Degree. Since you want to know how long your boyfriend will be in jail I will assume you are asking for advise about bail and I will only discuss that subject. Your boyfriend probably had a preliminary arraignment within hours of his arrest. At the preliminary arraignment the District Justice sets bail. You can call the District Justice's office a find out what his bail is and...

    1 lawyer agreed with this answer

  7. Judge wasn't available?

    Answered over 1 year ago.

    1. Robert C. Keller
    2. John P. Winicov
    3. Carina Laguzzi
    3 lawyer answers

    I am really surprised that your Public Defender did not ask a different Judge to take your guilty plea. I would definitely be upset with him for not looking into that possibility. What I suggest is that you contact your public defender and try to get him to reduce the charge to a summary offense because then he can enter the guilty plea for you and you do not need to appear in court. If the charge must remain as a misdemeanor than the your guilty plea must be done before the Judge. It is...

  8. I was stopped at a red light when I was hit from behind by a truck.

    Answered almost 2 years ago.

    1. Michael Herschel Monheit
    2. Christian K. Lassen II
    3. Mark Copoulos
    4. Kevin Coluccio
    5. John P. Winicov
    5 lawyer answers

    You were rear ended by the other vehicle so the other vehicle will most likely be held to be liable. The fact that you were driving without insurance on your vehicle could be a problem if you decide to sue. If both vehicles are registered in Pennsylvania then you may be deemed to have "limited tort" which could restrict your right to recover non-econmic damages. This is a complicated area of personal injury practice and I suggest you contact a lawyer who handles these types of cases.

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