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Robert E. Mielnicki

Robert Mielnicki’s Answers

29 total


  • Can I report a "witness" in a criminal case who is here illegally to immigration officials?

    Robert’s Answer

    You can do anything you want to that is legal BUT this could backfire. One, there is no guarantee the witness will be picked up and not available for your trial. Two, this might end up backfiring on you. You should run this by your lawyer.

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  • I recently retained an atty who told me that my DUI / ARD can be appealed and possibly vacated. I had asked this question here

    Robert’s Answer

    You can probably opt out of the ARD program at any time by saying you do not wish to participate. You better have a winnable case though because once you opt out, you need to win your case to do better than ARD.

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  • What will happen since I had my boyfriends prescription in my purse?

    Robert’s Answer

    I agree with these other guys that we need more information. Not usually at issue in possession cases is that you have to not be licensed or privileged to possess the drugs. say that I pick up my wife's prescription at the pharmacy. Obviously, I can transport it home. Say my mom asks me to bring her pills to her. Obviously, I can. The fact is that i seldom see this issue brought up or implicated. More information would be helpful.

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  • Can i Get a new Trial because my lawyer was on drugs when he was representing me.

    Robert’s Answer

    You would have to prove that the attorney was on drugs and it affected his performance at trial in a way that prejudiced you. You need to file a PCRA but you better do such right away. Technically, if you were sentenced in 2010, you are already late but you can claim this was just discovered but you still better act immediately.

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  • A friend just got a DUI which will be the 3rd one, but only 2nd in a ten year time frame. She refused the blood test also .

    Robert’s Answer

    She is facing a mandatory minimum of 90 days and a maximum of 5 years. i have been practicing criminal defense for over 20 years in many counties and I have never seen anyone get the maximum on a 2nd in ten years, and a 3rd overall. It would help if you told us what county this was in. In Pittsburgh, this person is looking at 90-180 days of house arrest. Of course, if she refused, and she has some legitimate reason for refusing, other than fear of the result if she drank too much, she could go to trial and win the case. More information would be helpful.

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  • What should I do immediately following a DUI accident?

    Robert’s Answer

    This is one tough question. If you are near the car, and particularly if it is your car, that might be enough circumstantial evidence to convict. In many states they have to prove they got your blood within so many hours of when you last drove so by not talking they may have a hard time proving when you last drove i.e. the time of the accident. As for being civilly liable, somehow I can see them bringing you to a deposition even if they have to sue John or Jane Doe to get the case started until they identify the driver. You could probably take the fifth amendment privilege at such but obviously at that point, you should get a lawyer. These situations are always problematic. I get calls all the time from people who left the scene of the accident. Not the same thing but that is a very difficult situation for a lawyer. Some might disagree.

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  • I am from PA. DUID charged; have Call of The Trial List Thursday. I'm NOT happy w/my attorney lately..am I stuck with him?

    Robert’s Answer

    You can fire your lawyer. The problem is that the judge may not grant you a continuance. You may have had 2 bad lawyers but if you are considering getting a third lawyer, the judge might think that you are a difficult person. I am not saying that you are. I am just preparing you for what the judge might say.

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  • How long would the officer have to act upon what ever they are going to charge me with?

    Robert’s Answer

    Not sure. It could be that he is having the substance analyzed to confirm that it is marijuana. It could be that he is busy. I am just not sure.

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  • Can i collect anything from a car accident due to whiplash and muscle spasms due to the car who hit me?

    Robert’s Answer

    You sure can but be aware of the statute of limitations. I am reluctant to tell you what it is as I am a Pennsylvania lawyer. Call a lawyer in your state.

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  • Judge refuses DUI plea deal.

    Robert’s Answer

    I doubt the judge lets "killers" into ARD. That requires the DA to agree and I doubt DA s are letting "killers" into ARD. Moreover, you can't even get ARD for murder. As for the judge rejecting the plea agreement, I am going to speculate here that the DA offered to let the person in as if he had a lower BAC than he actually had. I see that arrangement rejected by a lot of judges. House arrest for a fourth offense is also illegal but I have obtained such a sentence for my clients but I have also had such a deal rejected by judges.

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