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New Law Gives Some a Second Chance

May 30, 2016 By Alyssa Kusturiss Poole

The state of Pennsylvania, according to Lieutenant Governor Mike Stack, believes in punishment for wrongdoing, but also believes in giving people a second chance. A new law, signed by Governor Tom Wolf, targets people who have made a mistake, but attempts to return them to being productive members of society.

Under the new law, sponsored by Republican Senator Stewart Greenleaf, but supported from both sides of the political aisle, people with certain misdemeanors may petition the court to have records of a conviction sealed, contingent upon meeting certain conditions:

  • The misdemeanors that can be sealed are generally 2nd and 3rd degree misdemeanors, and ungraded crimes carrying a sentence of two years or less
  • To qualify to have those records sealed, applicants must have been free of arrest and conviction for at least 10 years; must have never been convicted of a felony, first-degree misdemeanor or second-degree simple assault; and must have a total of fewer than four misdemeanors.
  • Applicants must have paid all fines and costs assessed for any conviction
  • Applicants must also pay a processing fee of $132, though the court has discretion to waive that fee

There is substantial benefit to having such records sealed. They would no longer be available to the public, including employers conducting background checks on a job applicant. The records, would, though, still be accessible by state licensing agencies and law enforcement officials.

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr., we have more than 30 years of practice experience. Contact us online or call us at 610-565-0240 to set up an appointment. There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Filed Under: Criminal Attorney in Delaware County Pennsylvania, Criminal Defense, Criminal Defense Attorney, Criminal Law

Three Retired Pennsylvania Priests Charged in Sex Abuse Cover-Up

April 6, 2016 By Alyssa Kusturiss Poole

Three retired Franciscan priests were charged in mid-March by Pennsylvania Attorney General Kathleen Kane, related to what the state says was a cover-up of sexual abuse by a friar in the Catholic Church. The three—Giles Schinelli, Robert D’Aversa and Anthony Criscitelli, were the provincial ministers of the Franciscan religious order in western Pennsylvania during the friar’s tenure, from 1986 until 2010. Officials say that the friar, Stephen Baker, may have molested more than 100 children while under their administration. Baker committed suicide in 2013.

According to the Attorney General’s office, over 100 sexual abuse claims have been filed by individuals who attended Bishop McCort High School, in Johnstown, where Baker was employed between 1992 and 2000. Attorneys for some of the victims say, however, that it’s likely that the actual number of victims was substantially higher.

Alleging that the three retired priests were “more concerned about the protecting the image of the order…than in protecting the flock they served,” Kane charged all three with conspiracy and child endangerment. Kane said that all three knew that Baker had been accused of molestation by many students, but neglected to notify police, and continued to allow Baker access to children.

According to court documents, Baker served as a football coach and religion teacher, and apparently fondled or molested many students who came to him for treatment for sports-related injuries. He was removed from McCort by D’Aversa in 2000 based on what D’Aversa believed to be a credible allegation of sexual abuse, but was then reassigned to a position as vocations director for the order, where he was allowed to lead youth retreats in a number of states.

The charges come after a two-year investigation into alleged sexual abuse within the Catholic Church. During the course of the grand jury investigation, prosecutors say, they found evidence linking at least eight other Franciscan friars to acts of sexual abuse.

Contact Our Office

At the Law Offices of John E. Kusturiss, Jr., we have more than 30 years of practice experience. Contact us online or call us at 610-565-0240 to schedule a private meeting. There is no charge for your first consultation. We will meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Filed Under: Criminal Attorney in Delaware County Pennsylvania, Criminal Defense, Criminal Defense Attorney PA, Criminal Law, Current Events

Penalties for Writing Bad Checks in PA

August 14, 2012 By Alyssa Kusturiss Poole

There are two types of penalties for writing bad checks:

1. Civil
2. Criminal

Civil penalties address the amount that the check recipient may collect after having received a bad check. There are bank penalties, as well as other penalties that the person who wrote the check that bounced or was not honored must pay.

Criminal penalties mean that a person can be prosecuted or arrested for bad check writing.

How does a civil matter turn criminal?

Writing a bad check can turn into a criminal matter if the intent to defraud is present. This means that the person who wrote the bad check fully intended to defraud the other party.

In Pennsylvania, a person who knowingly passes a check that will not be honored can face criminal charges if caught. The seriousness of the criminal offense depends on the amount of money on the check itself.

If you have written a check for under $200 dollars, you will be charged with a summary offense, which is similar to receiving a traffic ticket.

If you have written a check that bounced for between $200 to $500, this is generally considered a third degree misdemeanor. For bounced checks between $500 and $1000, you can be charged with a second-degree misdemeanor.

If you have written a bad check for $1000 to $75,000, you can be charged with a first-degree misdemeanor, which carries the most severe penalties of all misdemeanors. Bad checks of $75,000 or more will be charged as a felony.

Conviction of any of the above offenses involves a fine and or potential jail time. In general, the court will order the person convicted to reimburse the payee, including interest and service charges.

In situations where you are being prosecuted, you may want to hold off on resolving the civil matter until your criminal case is resolved. In many cases, the outcome of the court case can include resolving satisfactorily the obligation to the payee, which would negate the need for a civil case.

Have you been accused of passing a bad check?

To discuss your concerns with an experienced attorney in Delaware County, Pennsylvania, email the lawyers at The Law Offices of John E. Kustriss, Jr. or call us at 610-565-0240 to schedule an appointment.

We will meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, including debit cards.

Filed Under: Criminal Attorney in Delaware County Pennsylvania, Legal Information, Penalties for Writing Bad Checks in PA, White Collar Crimes

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