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Robert E. Mielnicki

Robert Mielnicki’s Answers

29 total


  • I got charged with possession of marijuana with purpose to deliver but only had two grams of it can I get off?

    Robert’s Answer

    2 grams does not seem like a great intent to deliver case. I would need to know more though like did you make any statements or have a lot of cash.

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  • What options do I have for non-resident speeding violation?

    Robert’s Answer

    Most states are part of a compact and you would receive points for a Pennsylvania speeding conviction that would likely carry over to the state you are licensed in. I do not know Canadian law. Hurry up and speak to one to see if it matters what happens in PA. If it does, I would hire a PA lawyer. I have often gone to the hearing without my client and achieved a favorable result.

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  • What should I place on my job applications? As far as criminal background check?

    Robert’s Answer

    Contact a lawyer in Texas. In most jurisdictions, you should not have to disclose non convictions.

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  • House arrest?

    Robert’s Answer

    Chances are pretty good they can both be in the same house. There is no law against that. The Probation office might have something to say about that but I doubt it.

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  • I made 5 false claims to and short term disability insurance company and they are investigating it what should I do?

    Robert’s Answer

    Hire a lawyer and follow his or her advice.

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  • Can I receive house arrest for my 3rd DUI. I have 2 jobs and can't lose them? I live in Erie pa this happened in elk county 130

    Robert’s Answer

    Yes, under the law you can for a 3rd, but not a fourth in 10 years but I have had judges give house arrest for a fourth in 10 years. I am not sure though if an Erie judge will give you house arrest for a 3rd though.

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  • Arrested for first offense DUI. Will be admitted to ARD program. Will this have an effect on employment?

    Robert’s Answer

    Once done, you are entitled to expunge records pertaining to your arrest and prosecution. PennDot hangs onto record of any action it took for 10 years though. If employer gets access to driver history, the employer will see the DUI.

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  • Looking for witness for DUI

    Robert’s Answer

    If the van was on the roadway, as opposed to parked on the side of the road, and the van was running, I do not believe that she needs a witness. There is enough circumstantial evidence that he drove to that spot and was in actual physical control or had been such at some point, while under the influence. Was his BAC really .5? That is very high. You say "at the stop sign." I would love to know more about where he was. I have won quite a few cases where my client was in a parked car with the engine running, but close to a bar, and in a parking spot.

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  • Why aren't Males and Females Treated the same for same sex crime?

    Robert’s Answer

    Your theory is, unfortunately, correct. While we "evolve" in our views each and every year, there are some views we stubbornly hold on to. One of them is that teenage boys are not "victims" of sex with adult women like teenage girls are victims of sex with adult men. When the victims though are very young, trust me, a female will likely be punished as severely as a man.

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  • If we had a sober drive and ended up crashing because of the snow can i still get a DUI

    Robert’s Answer

    He can be charged. Police can charge but that does not mean he will be convicted and it sounds, from what you are disclosing, that he would have a great case.

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