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Andrea E. Mertz
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Andrea Mertz’s Answers

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  • PA- If I filed theft charges against someone from a Craigslist deal and restitution is made, can I drop the charges ?

    tried to buy truck, cash deposit, seller unresponsive when truck was to be delivered. After another week of unresponsiveness, I filed charges. Finally got deposit back once seller was contacted by police, now I want to drop charges was told I coul...

    Andrea’s Answer

    Discuss this matter with the Assistant District Attorney who is representing the Commonwealth in this matter. It is his or her decision to proceed with charges or withdraw charges.

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  • Who do I need to contact in order to obtain a notification of completion of the ARD program in Monroe County?

    I completed the Monroe County, PA ARD program back in 2011 and don't recall where I placed the letter notifying that I have successfully completed the ARD program, or if I had ever gotten one. I have the certificate for the Highway Safety class, ...

    Andrea’s Answer

    If your record was expunged, then all files (except for PennDOT if it was a DUI) most likely were destroyed. speak to your previous attorney to see if the attorney kept a copy when s/he was sent one.

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  • Do probation violations eventually max out as far as punishable jail time? Or does the time continue to accrue?

    Stemming from an event that happened in 2011, a relative has been on probation. The original offense was Simple Assault Probabtion was the sentence. In this time period there were several probation violations including failing a drug test. Then in...

    Andrea’s Answer

    For a probation violation, the PO can revoke probation and recommend a sentence that cannot exceed the maximum of time he could have been committed to jail at the original sentencing for the simple assault. The time he was on probation thus far will not count toward probation again. He loses those days.

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  • Was wondering what I should expect to pay a lawyer in PA with 35 years experience for Drug Charges

    First time offender lead charge is A30 CPID. 2nd charge A32 use possession of drug paraphanelia. 3rd charge A16 Intent to poss controlled substance by per not reg. 4th charge A Criminal use of communication facility. 5TH Charge A1 Deal in illegal ...

    Andrea’s Answer

    Fees may depend on whether you go to trial or fike a pretrial motion. Your best bet is to csll a defense attorney who can explain the process to you and represent you to get a good plea deal if that is where this is going or rep. You at trial. Do not hesitate. If you have recived a court date, I suggest you start making calls.

    Andrea Mertz
    Berks County

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  • When am I done with probation

    I was sentenced to 2yrs probation 1yr with good behavior I have never violated and am up to date on fines and restitution do I have to sign papers or am I done on the 2yr date?

    Andrea’s Answer

    You need to ask your attorneyvthis question. The probation office also shoukd be asked. Don't assume yiu are off probation until you receive something from the ciurt saying so,

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  • Hello I have a public defender who I am not getting alone with.

    I don't trust him and he doesn't trust me. He is slow to respond to any issue I may raise I am talking two three week slow and only responding with emails. Our brief is due next month. The supervisor informed that he was not replacing him even tho...

    Andrea’s Answer

    You have a right to counsel. Sometimes, if you can't hire an attorney, then your choice is whoever you are assigned. If your brief is due next month, chances are that the pd has plenty of time to draft a brief. If the pd feels no issues have merit, the pd will file a special brief limited to saying that after research, no issues have merit and ask for withdraw from the case.

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  • Do I need to pay to get fingerprinted if I wasn't arrested?

    First offense, searched car and found less then 2 grams of weed.

    Andrea’s Answer

    The costs will be tacked onto your court costs.

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  • What will happen if I don't show up to court on a misdemeanor ?

    First offense, not in my city, wasn't arrested

    Andrea’s Answer

    Bench warrant for your arrest will be issued, and you will be arrested and detained in jail until you appear before a judge.

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  • I'm from Pennsylvania, my question is: can a constable arrest a wanted person inside of a business place (restaurant, nightclub)

    I just wanted to know if a off duty constable wearing regular clothes can walk inside a club and arrest a wanted person who's running from the law, constable didn't have paper work or warrant on his hands at the time he served he just hand cuff th...

    Andrea’s Answer

    Arrest is most likely legal. If he was in his home, somebody would need the warrant.

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  • Can someone file theft charges after its been over 2 years?

    When me and my ex broke up after 14 years he moved in with another women. He told me to take everything for the kids sake plus he had nowhere to put anything. I packed everything & moved. Put everything into a storage place. Now after 2 years I ...

    Andrea’s Answer

    He can try to do it. But the question is is there an officer that will file criminal charges against you. The length of time that a charge can be filed varies with the amount that is claimed to have been stolen.

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