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Amato T. Sanita
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Amato Sanita’s Answers

11 total


  • Guilty or not guilty ? Unsure how to plead for my 13 yr old son.

    My son and his friend were shooting airsoft guns in the yard. They had a box filled with plastic as the target. Unfortunately the air pellets were ricocheting off and hitting an EMS building. They were not intentionally trying to cause harm or be ...

    Amato’s Answer

    Whether or not actual intent exists to commit a crime does play a role in your determination of whether to plead guilty or not. However, other crimes may have been broken during the unintentional acts and could be considered "reckless". A reckless standard is sometimes applied when a person lacks the requisite intent to commit a crime but acts in such a reckless manner that intent is now negated. It is important to review the exact details of your sons case with an attorney so that every avenue can be covered. Protecting your sons record should be the number one priority.

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  • If i have a clean driving record and was clocked at 85/70mph zone what are my chances this will be dropped?

    I have a clean record in my state of PA. I was on my way to the beach with my mom and daughter and just got caught up in the flow of traffic. I really cannot get back to VA for court so what can I do?

    Amato’s Answer

    Given your solid PA driving record,chances are the ticket can be resolved in a manner that will not tarnish your driving record. First, it is essential you have a certified copy of your PA Pendot record with you when you challenge this ticket. Additionally, most Courts require you to have an attorney with you. The fee you pay an attorney will likely more than be made up by the removal of driving points and in some cases the fine itself. Just be careful not to enter a guilty plea to any motor vehicle infraction without first checking the ramifications it will have on your PA driving record.

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  • Guidelines for a public defender? please help

    I got my bf a defence attorney but i can only afford for the hearing. What are the requirements for him to apply for a new public defender if it goes to trial??? please help..

    Amato’s Answer

    In order to qualify for a public defender in Philadelphia you must either make a request for a public defender directly to the Judge or be interviewed by pre-trial services in Philadelphia which is located in the court administration building on Arch Street. In either case you must provide proof that an individual is indigent and has no other source of income that would allow a person to hire an attorney. The most important thing is to be completely honest and candid with the Court. Otherwise, any chance of a public defender helping you or your boyfriend will be jeopardized. You should try and resolve this prior to your hearing date. In the alternative, should a person not qualify for a public defender, then a list of attorney who have agreed to provide discounted services to certain clients can be picked up in City Hall.

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  • Had a petty theft charge over a year ago, will future employers be able to see it?

    I was 19 at the time and the other girl that got caught shoplifting was 14. She took 50$ worth of merchandise and I took 15$. When I went to court they charged me for all of it, so it was a total of about 65$. I had to pay a 100$ fine and do 2 day...

    Amato’s Answer

    Yes, if a conviction by way of a guilty verdict or guilty plea was had, it will appear in that jurisdictions recording system as well as a Federal FBI record. However it does seem by your question that this case was handled in a pre-trial alternative disposition manner. In that case it may be an expungable offense and probably can be removed from your record. Additionally, if the public defender handling your matter did get an agreement to expunge from the prosecutor then the case will be removed from your record upon the completion of your conditions. You should check directly with the public defenders office that handled your case to be sure. In the alternative you can petition your states govenor for a pardon. This is a costly alternative.

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  • Is it legal for officers to "coach" victims prior to a controlled phone call?

    fs934.03 states that an officer can legally record a phone call with the victim's consent. Is it legal for the officer to coach the victim in what questions the officer wants asked prior to the call? In this case, a relative of the victim was a...

    Amato’s Answer

    There really is not a simple answer to this question. Properly stated, "Is it legally sustainable in a court of law?" That depends on the jurisidiction and manner in which an authority (like the police) intend on using the information. The information can be the result of an unlawful government action if its intended use is as a confession. However, when the information is for "investigation purposes" some courts have allowed the police to act in that manner. I would advise the defendant to obtain an attorney before the police seek a statement directly from them. In all likelihood, that would be the next step the police would take.

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  • CRN Evaluation

    I am pending admittance into the ARD program. I blew a .185. I went to the CRN and had to take a urine test which I know I failed and also answer the questionaire. They called me in again to take another urine test a month later. I also know I wil...

    Amato’s Answer

    The CRN evaluation is mandatory for most counties in Pennsylvania involving an arrest for DUI. If an accussed has no prior record it is often part of the ARD program, but the CRN is often used for all DUI cases, regardless of ARD. At this time, the fact that you test positive should not overly affect your admission to ARD. However, if you continue to fail urine tests you could be removed from the ARD program and potentially face more serious consequences.

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  • Friend was charged with reckless endangernemt (had minors in car) dui x 3 for controlled substances//endangering welfareofchild

    2nd dui in 10 years in pennsylvania. what kind of punishment is she looking at?

    Amato’s Answer

    A second DUI conviction in 10 years that includes a controlled substance (like cocaine, marijuana, etc.) would carry a minimum 90 days incarceration sentence in Pennsylvania. However, because of the other charges, this may not be the extent of her exposure. I recommend she speak to a Criminal Defense attorney to further discuss the matter.

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  • Does the ARD Program show up on a Criminal Background Check?

    I was arrested last year, December 2009, for stealing 300 dollars with of stuff from my old job for a uniform. I am guess it was a misdemeanor because of the amount of money that it amounted to, I pleaded guilty and admitted to what I had done. Th...

    Amato’s Answer

    As stated, an expungement is necessary to remove the charges once the ARD program has been completed. A formal order must be prepared for a Montgomery County matter and all documents relating to the successful completion of ARD must be attached.

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  • My husband violated probation by failing to turn hisself in for his every other weekend jail arragement 8x and testing positive

    For drugs. He has been held on detainer for 1 month now. Do the violations count as seperate charges? And what type of additional jail time can he be facing. His arragement was for 90dys in jail everyother weekend but he should be done with that e...

    Amato’s Answer

    As recommended, you should obtain an attorney to represent your husband. While he faces multiple technical violations of probation because of his drug use, an attorney could seek out available treatment programs for him in advance of any sentencing. (Thus giving the Court an option not to continue incarceration) However, you husband may also face an escape charge. (That will be determined by the manner in which the Commonwealth moves his case.) In most cases, the violation of probation will encompass the new possible charge.

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  • Can i get a miss trial?

    during my trial my public defender did not represent to the best of his ability. As the trial was in progress i lost faith in him, at the time i asked the if i could fire my public defender and she said no and i asked to represent myself and was d...

    Amato’s Answer

    You can seek a new trial in a number of ways. However, the correct course of action is often dictated by your local jurisdiction and their appellate rules. You should speak to your Defender about this. Even if you do not believe the Defender is working in your best interest, it is essential that you understand your juridictional appellate rights. The Defender is required to discuss any appeal issue or issues with you and in most jurisdictions supply the grounds of possible appeal to the Courts. As for the actions heard by the jury, hopefully your Defender placed them all on the record so an Appellate Court can also take the remarks into account.

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