The Law Offices of John Fioravanti Jr.

When you face charges for a crime you never carried out

2022-01-20T00:56:31Z

Generally speaking, you shouldn't face charges for a crime that you considered and did not carry out. People often think about doing things that break the law, even things that are as simple as breaking the speed limit. Just having the idea is not illegal, but acting on it is. That said, there is one key way in which you could actually be charged with a crime that you didn't carry out. This can happen if you are part of a conspiracy to commit that crime.

How conspiracy charges may work

A conspiracy occurs when multiple people – perhaps as few as two – make a plan to break the law and agree to do so. For this to be illegal, they also need to “take some action toward its completion”. This action itself can be completely legal, but it needs to be shown to further the intent of the conspiracy. For example, say that two people come up with a scheme to steal money from their place of employment. One of them usually does the bank drop-off every night, so they know that they will have access to the earnings from the day. Their plan is to rent a nondescript car and stage a pretend robbery, where the second person takes that money. They go out and rent the car, and they set up a schedule for the robbery. On the day that it's supposed to happen, however, one of them decides to back out, and the event never takes place. Renting the car is not illegal. But it is an action that was intended to lead to the completion of that robbery. If this conspiracy is uncovered, the two people involved could both face charges on account of creating that conspiracy. They will not face charges for theft, which did not happen, and they may argue that they didn't break the law at all. This is true in a very fundamental sense, in that they didn't commit theft or embezzlement, but they still have broken conspiracy laws by attempting to put the conspiracy into place. This is important because there are cases in which a conspiracy is broken up by law enforcement before it can actually achieve its end goal. Those involved can still be charged with conspiracy, even though they were actually stopped from breaking the law. If this happens to you, it can be very complicated, and you must know about all of your defense options.

3 ways that people fight back against Pennsylvania DUI charges

2021-12-21T21:21:19Z

If a police officer pulls you over and suspects you of driving under the influence (DUI), they'll probably arrest you. After that, a judge will arraign you, and you will go to court. DUI charges can lead to jail time, significant fines, license suspensions and increased insurance costs. They can also have professional implications if your job involves driving or if you have state licensing for a skilled profession, like nursing. Fighting back against DUI charges can help you keep your driving record clean and your insurance costs reasonable, but many people find the idea of fighting a DUI quite intimidating. What are some of the strategies people successfully used to fight DUI allegations?

They explain their poor test performance

Did you know that numerous medical conditions could affect the accuracy of chemical breath tests and field sobriety tests? Police officers should ask drivers if they have any personal factors that would compromise the validity of test results. All too often, police officers ignore information that may explain why a driver failed the breath test or performed poorly on a field sobriety test. That information could then form the basis of a defense strategy in court.

They challenge the overall validity of the test results

You don't need a clear-cut medical explanation for why you failed the breath test to know that the results are wrong. If you got arrested for a DUI during a traffic stop that occurred after you had just spent a 12-hour shift working at the hospital, you obviously didn't have anything to drink on the job so the test results must be inaccurate. People can and sometimes do successfully defend against DUI charges by undermining the science of chemical breath testing. Issues with the testing unit or the officer's training could make this a viable defense strategy.

They questioned the validity of the traffic stop

Police officers can't just pull someone over without a reason. They need probable cause to suspect that a primary traffic infraction or crime has occurred. If they did not have probable cause, that anything they discovered during that traffic stop may not be admissible in court. Realizing there are numerous ways to fight back against DUI charges can help you protect your future.

Can the police blatantly lie to you?

2021-11-17T22:17:59Z

There are cases where the police may get details wrong or accidentally “lie” to you during an investigation. Maybe they’ve accused you of drug trafficking, for instance, but the officer you’re talking with accidentally says the wrong type of drugs. This is just an error and it’s easy to imagine this happening all the time. While you do want to get things sorted out -- the type of drugs you’re accused of handling can make a massive difference in your case -- they’re not trying to mislead you. But what if they do decide to lie blatantly? Are they allowed to intentionally tell you something that isn’t true, all while asking you to be honest in your own accounts to them and to the court?

The police can lie to you, and you always need to remember that

It is legal for police officers to lie. They’re allowed to do it. Even things that you tell them in response to the lie can be used against you. One common example is if the police have you in custody and they believe you were working with an accomplice. They may tell you that they have already arrested the accomplice and the accomplice has told them the truth about what you did. They'll tell you that they already have all of the evidence they need to put you behind bars, so it will be better for you if you just tell them the truth, rather than trying to hide what you did. They may have completely fabricated the whole thing. Maybe they don't have anyone else in custody. Maybe that person didn't talk. Maybe they're telling the other person the exact same thing -- that you were the one who told them the truth. What they're trying to do is get you to confess to the crime even though they actually don't have any evidence or proof that you committed a crime. They're lying and it can be very effective. In a situation like this, it is absolutely critical that you know about all of the legal defense options that you have.

Are the police investigating? Make sure you seek help

2021-10-19T20:22:52Z

If the police are investigating a case or there is a chance that you could be called in for questioning, then it is time to start building your defense. Even if you have not committed a crime, you will want to have someone on your side who can help you make sure that you don’t have to face unreasonable charges or accusations. You may not think that it is important to have an attorney when the police are only investigating, but the reality is that you should have one there to support you. You have a right to know that what you say or do could be used against you. You need to have someone on your team who can give you more information about your rights and how to avoid prosecution.

Should you work with an attorney when you speak with the police?

Any time you speak with the police, it’s a good idea to have an attorney present. You should think of your attorney as a kind of wall between you and the police. The police may ask questions, and your attorney will let you know if you should answer them. The truth is that someone who doesn’t have legal representation is more likely to say or do something that leads to charges or further investigation. To avoid making mistakes when you speak with the police, you should have a good understanding of your legal rights and responsibilities.

During an investigation, you could be a suspect

If there is an investigation in your workplace or that involves people in your family or group of friends, know that you could end up being a suspect in a crime, even if you don’t know about it right now. It’s always a wise choice to work with someone who can help you avoid penalties and situations that you don’t want to find yourself in. Any time you are facing a criminal investigation or potential charges, you deserve legal support that can help you build a solid criminal defense. You need to know your rights and to take action to protect yourself against the authorities.

Crossing state lines makes something a federal crime

2021-09-21T16:07:43Z

Federal crimes are often more serious than state crimes and can have a larger impact on your future. However, something that may have been a state-level crime if committed within only Pennsylvania can become a federal crime if you cross state lines while doing so. For instance, stalking is a federal crime if you leave one state and enter another to do so. Maybe your ex has a restraining order against you and moved to another state. If you follow them over the Pennsylvania state line and are then arrested for stalking, it’s now a federal matter or an interstate crime. Another example is if you buy marijuana in a state where it is legal and then bring it to Pennsylvania. While Pennsylvania law does not allow for the possession of recreational marijuana, states like Michigan do allow it. Still, buying it there and bringing it into Pennsylvania may not just be a crime here, where the state law makes it illegal, but at the federal level, where recreational use is also still illegal -- no matter what other states may have decided.

Does this always happen?

There are exceptions to every rule, so it’s worth noting that every single case that crosses state lines won’t become a federal case automatically. But this is a general rule that is often used, so you need to know that traveling while in the commission of an illegal act -- even accidentally -- may mean you face more serious charges.

What will this mean for your future?

One of the biggest things you need to think about with a federal crime is what it means for you moving forward. Even after jail time is up and fines are paid, will you have to register on a list? Will you find it harder to rent an apartment or get a home loan? Will your federal record show up on background checks and prevent you from getting a job? These are all important questions to ask. If you already facing charges, it is also important to consider the legal defense options at your disposal.

Can admitting you hit someone help your assault defense strategy?

2021-08-19T20:40:21Z

Most people accused of a violent offense in Pennsylvania will immediately try to claim they didn't commit the crime. Providing an alibi that shows they were somewhere else or challenging the statement of the victim or witnesses could be a way for those accused of a serious offense like assault to create a reasonable doubt in one or more jury members and avoid a conviction. However, sometimes the state has compelling evidence that you were there and that you were involved in a physical altercation. Could using an affirmative defense, admitting that you are the one who hit the other person help you defend against assault charges in Pennsylvania?

Admitting your involvement opens up the possibility of claiming self-defense

You can't introduce an argument to the jury about your motive for striking another person and ostensibly committing assault if you try to deny that you were even present at the scene of the alleged crime. In an affirmative defense, a defendant facing criminal charges doesn't try to prove that they didn't do something wrong. Instead, they agree that they did certain things but disagree with the interpretation of their actions. Self-defense claims are among the most common affirmative defenses.

How self-defense claims work

If you claim self-defense when responding to an assault charge, you admit that you were present and that you used physical force against the other party. However, you deny that doing so was a criminal offense or an act of assault because it falls under your right to self-defense. Provided that you had reason to believe the other party intended to hurt you or commit a crime against you, defending yourself with physical force is not necessarily illegal. So long as you felt you had to act and that the amount of force used reflects the perceived level of danger, you could admit you hit someone and still avoid conviction.

The evidence the state gathers will determine the best defense strategy

The best way to defend yourself will depend on what evidence police officers gather in their investigation of the incident.

Caught a cold? It could land you with a DUI charge

2021-07-19T17:46:11Z

When you get sick and have to get medication to feel better, the last thing you’re worried about is a DUI. After all, you’re focused on getting through the day while sneezing, coughing and not feeling your best. It’s important to understand that being unwell can have unintended consequences, especially when you start taking medications. If you take over-the-counter or prescription medications for your cold, you could find yourself facing a DUI charge if you’re stopped for a traffic violation.

Isn’t a DUI for people who were drunk on alcohol?

It’s a common misconception that DUIs are only possible if a driver was intoxicated with alcohol. In reality, a person can face a DUI if they are impaired by any kind of substance, whether that’s an over-the-counter cold medicine, a sleep aid, prescription antibiotics or another. Remember, anything that impairs the way you drive and react can lead to a DUI. That means that if you are drowsy on a cold medicine, you shouldn’t be behind the wheel. If you’re disoriented on antibiotics or take a pain medication for a headache that makes you dizzy, opt to have someone else take you to work or call off.

Will medication trigger a positive Breathalyzer test?

It’s possible that some medications could trigger a positive Breathalyzer test. For instance, cold medicines and some mouthwashes may contain ethyl alcohol, which may trigger a Breathalyzer test. If you’re unsafe on the roads as well as having a positive test come back, then an officer is within their right to arrest you.

What should you do if you face a DUI arrest?

Being sick and getting arrested is not in anyone’s plans. If you are stopped by an officer, you should not say or do anything that could incriminate you. Don’t offer any extra information. Your right to remain silent is important in protecting your freedoms, so remember that you only need to give your identifying information and listen to the officer’s instructions to take the Breathalyzer test or perform the roadside sobriety tests. If they arrest you, you may ask for your attorney before you have any further conversations.

Is it really important to worry about your reputation during a criminal case?

2021-06-16T17:50:19Z

As someone who is facing trouble with the law, you’re probably worried about fees or penalties you could face. Another aspect of your case to think about is how your reputation may be affected by an arrest, investigation or other aspect of the legal process. Your reputation is important for many reasons. First, it’s how people know what to expect. If you’ve ever heard that someone’s reputation has proceeded them, it means that you can expect that a person’s negative reputation will get around the community and influence what others think of them.

Reputation matters

Reputation does matter. When you have a positive reputation, you may:

Have better opportunities
Have lower marketing costs if you have a business
Be perceived positively by investors, friends and others

Unfortunately, it’s easy to ruin your reputation with a criminal case. Even if the case doesn’t go anywhere and you’re not charged or convicted, the fact that you were involved in the case at all could influence others’ perception of you.

What can you do to protect your reputation while dealing with a legal issue?

If you really want to protect your reputation, one of the things you can do is talk to your attorney early on in the case about minimizing media exposure. Avoiding the release of your name in the news or avoiding photographs being taken of you and being made public could be possible in some cases. Any incorrect news articles should be corrected, too. You may also want to work with someone who can manage your reputation while this is happening. For example, if you have a secretary, you may ask that they don’t inform others about court dates or hearings and instead say you’re in a meeting. Keeping your case as private as possible will minimize the damage to your reputation. Finally, if there is an opportunity to keep the case out of the court room, your attorney will discuss it with you. Courts are under public record, so if you have to go to trial, then that could be damaging to your reputation in a much greater way. Limiting public exposure is a good way to keep your reputation safe.

What are my defense options when accused of shoplifting?

2021-05-14T22:07:52Z

Being charged with a shoplifting offense can lead to hefty fines and criminal charges. Therefore, it is important that you take action to address any accusation of shoplifting by understanding the law and being aware of your defense options.

Just because you are accused of shoplifting, does not mean that you will be found guilty. Everyone has the right to defend themselves against accusations that are made against them. Therefore, if you want to make sure that you are able to prove your innocence or minimize the consequences of the crime, you should be well-versed in the following defense options.

An honest mistake

You may be able to argue that you mistakenly removed property from a store because either you were unaware that you had it in your possession or because you believed that you had paid for the item. For example, a situation in which your young child puts an item into your handbag when you are not looking could lead to you being accused of shoplifting even though you did not take the item intentionally. Security camera footage may be able to back up your claims and help you to prove your innocence.

Showing that you tried to return the item

Showing that you returned to the store to try to give back the item can help your defense. It can help back up your claim that either you accidentally took the item or that after taking the item you expressed remorse and decided to return it. If you can show the latter, you may be subject to less serious consequences.

Claim of ownership

You may also be able to defend yourself against shoplifting charges by either proving that you own the item or you had a good reason to believe that you owned the item.

If you have been accused of shoplifting, it is important that you take early action to develop your defense strategy. By doing so, you will be in the best possible position to prove your innocence.

How soon should you start building your defense case?

2021-04-14T20:06:51Z

As someone who has run afoul of the law, something that you should know is that you can, and should, start building your defense case as soon as you can. While you may not think that you need a defense when you’re only under investigation or when the charges seem nonsensical, the reality is that you could quickly find yourself facing charges and all the penalties that come with them. Whether this is your first offense or you’ve been convicted in the past, the best bet is for you to reach out to your attorney as soon as you know that you’re being investigated. If you’ve been arrested, ask to call your attorney, so you can protect yourself and prevent yourself from saying or doing anything that could hurt your case.

Criminal charges are serious business

Criminal charges are serious and should not be brushed off. It’s important that you do know what the charges are that you’re facing and what penalties could result. For example, if you’re charged with drug trafficking, do you know how much time you could spend in prison? Are you aware of the potential fines you could face or the impact a conviction could have on your life or career? If not, then it’s time to get in touch with your attorney to talk about those items. Another good reason to have your attorney work with you early on in your case is to help minimize the risk of the charges growing in scope. You may find that a simple possession charge is now looking like it will become one for trafficking or selling drugs, even though that wasn’t your intention. Your attorney can help you protect yourself against this creep into deeper, more serious charges in many cases.

You have a right to defend yourself

You have the right to defend yourself and should take advantage of your opportunity to work with an attorney on your case. Taking the right action now could help you prevent a negative outcome or to minimize the penalties you face, so you can get back to living your life freely sooner.