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What Constitutes a Violation of Probation

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Violation of Probation—Understanding the Distinctions

If you have been convicted of a crime, you can be ordered to serve a period of probation. During that time, you will have to report regularly to your probation officer, may have curfews imposed, and may have travel restrictions. The failure to abide by the terms of your probation is considered a serious offense, and can lead to additional charges being filed against you. Any violation of probation will be reported to the court by your probation officer. If the judge believes that your acts violated your probation, a warrant can be signed for your immediate arrest.

The Different Types of Probation Violations

Generally, probation violations are categorized as either “technical” violations or “substantive” violations. A technical violation is less serious, and usually means that you neglected to follow one of the procedural rules established as part of your probation. Some frequent technical probation violations include:

  • Violating curfew restrictions
  • Moving without notifying your probation officer, or violating travel limitations
  • Failing to comply with court-ordered restitution or failing to pay mandatory court fees
  • Testing positive for substance abuse

A substantive probation violation occurs when you are convicted on new charges, for an offense not related to the one that put you on probation. Though a substantive violation is usually considered more serious than a technical violation, the penalty can be the same, regardless of the type of violation.

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 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.

New Law in New York Seeks Accountability for Right of Way Accidents

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New York City Enacts Right of Way Law to Punish Negligent Drivers

Responding to concerns from a wide range of traffic safety advocates, New York City has passed a law that provides criminal sanctions when a motorist violates a pedestrian’s right of way and causes injury or death. According to proponents of the legislation, the standard practice prior to enactment had essentially been inaction, unless the accident was actually witnessed by a police officer. As a result, many who were seriously injured or who had family members killed while legally in a crosswalk found themselves could not look to police to hold the wrongdoers accountable. Proponents say that enforcement of the new law will make New York’s streets safer.

The new right of way law has been castigated by some in the press, as well as city council members who opposed it, with detractors arguing that it criminalizes all failure to yield accidents, and leads to the logical conclusion that there “are no traffic accidents.”

Proponents of the law contend that this is simply wrong, that the right of way law addresses a known and serious problem—that police and prosecutors were not enforcing the law even when it was clear that drivers had violated it. They point out that the new statute does not apply every time a driver hits a pedestrian, but only where persons walking or bicycling are following all the rules and are hit by drivers who fail to yield to their right of way.

In an op-ed piece, the New York Daily News referred to the new law as “meting out jail” to drivers. Proponents of the act say the maximum jail sentence is 30 days and, as a practical matter, a first-time offender will never face jail time.

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 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.

What If I Am Too Ashamed to Confide in My Attorney?

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The Attorney-Client Privilege—Don’t Let Your Shame Keep You from Protecting Your Rights

The Attorney-Client Privilege—Don’t Let Your Shame Keep You from Protecting Your RightsWhen you’ve been arrested and charged with a crime, the embarrassment and shame you feel can make it difficult to talk about what you’ve done—even with your lawyer. Often, it’s not just the impact on your name and reputation, but the perceived harm you’ve done to loved ones as well. You can feel like the whole world is passing judgment on you, and it can make it hard to say the things you need to say to protect your rights and get on with your life.

Almost Everything You Say is in Confidence

Under the rules of ethics, nearly everything you say to your attorney is protected by rules of confidentiality. Your attorney typically cannot and will not disclose what you say to anyone else, including other attorneys, judges or other parties to a legal proceeding. There are some limits—if, for example, you indicate that you are planning on committing a crime, your lawyer would be duty bound to disclose.

It’s important to understand that your attorney is there to protect your interests. The best way that your attorney can defend you is to have knowledge of all relevant information. This helps your attorney prepare for the possibility that difficult or challenging issues will come up at trial. If you don’t tell your attorney about critical events, and those events are disclosed at trial, your attorney will be at a distinct disadvantage.

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 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.

How Can I Avoid Jail Time for a Bar Fight?

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Arrested for Being in a Bar Fight? How Can You Avoid Jail Time?

Arrested for Being in a Bar Fight? How Can You Avoid Jail Time?It can happen in an instant. You are having a beer with friends and a fight starts. Before you know it, you’re in the middle of the fracas. Police arrive and you are taken into custody, charged with assault, facing fines and even jail time. It may be the first time you’ve ever been arrested, and you are worried that you’ll end up in jail. You fear that a jail term could lead to the loss of your job. What are your options?

Voluntary Participation in Counseling

In a criminal case, the prosecutor has a certain amount of leeway, based in part on the seriousness of the crime, your criminal record, and your willingness to participate in rehabilitative programs. Pennsylvania has a special pre-trial intervention program called “Accelerated Rehabilitative Disposition,” where a defendant may participate in counseling or other court-approved programs and ultimately have the case dismissed and the record expunged. Unfortunately, the ARD program is generally limited to non-violent offenders with no prior record or a limited criminal record.

Nonetheless, if it’s your first charge and you can show that your involvement was “in the heat of the moment,” you may be able to avoid jail time by participating in voluntarily counseling, such as anger management classes or even one-on-one therapy with a professional counselor. In addition to participation in educational programs, the court may order community service, and may require that you make restitution of any material losses to the victim.

Even if the court sentences you to a period of incarceration, under the right circumstances you can get the court to subject you to house arrest, where you may only leave your house to go to work or to permissible appointments. In such instances, you may be put on an electronic tether, a device you must wear that identifies where you are.

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 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.

How Can I Avoid Jail Time for a First DWI Conviction?

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Minimizing the Consequences of a First DWI Conviction

How Can I Avoid Jail Time for a First DWI Conviction?In Pennsylvania, the penalties for a DWI conviction depend in significant part on the “degree of impairment” or the blood alcohol content (BAC) at the time of your arrest. Generally, if your BAC is below 10%, you won’t face a jail sentence. The difference, though, between what the state considers general impairment and high impairment is relatively small, basically a matter of having one more drink. If you have been charged with high impairment—a BAC of 10% or higher—you can face up to six months in jail.

Pennsylvania’s Accelerated Rehabilitative Disposition Program

To facilitate rehabilitation when it seems clear that an offender simply made a one-time mistake, the Pennsylvania legislature has put in place the Accelerated Rehabilitative Disposition (ARD) program. ARD is available to certain non-violent offenders with little or no prior criminal record. Eligibility is determined by the prosecutor’s office, based on extensive screening. Prosecutors will typically look at:

  • the severity of the crime
  • the circumstances surrounding the offense
  • any indication of remorse
  • the perceived likelihood of rehabilitation
  • the offender’s willingness to participate in rehabilitative educational or counseling programs

Once in an ARD program, you will likely be required to complete substance abuse treatment, and may be required to perform community service. The court may also order restitution, if appropriate.

If you successfully complete the ARD program (which can last as long as two years), you can ask the court to dismiss the charges against you and to permanently expunge your case from the records.

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 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.

What Does Free Initial Consultation Mean?

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What Do You Get with a “Free Initial Consultation”?

Most personal injury and many criminal defense attorneys offer clients a “free initial consultation.” Unfortunately, that’s a pretty vague term and could cover a lot of different scenarios. Is there a time limit to the consultation? Will the lawyer answer specific legal questions? Can you get advice such that you can handle the matter on your own?

Ask When You Call

Because the definition of “free initial consultation” will vary from attorney to attorney, the best way to know what you’ll get is to ask the attorney or receptionist when you schedule the appointment. Here are some of the key questions:

  • Is there a time limit?—Attorneys generally get paid for their time. Accordingly, most offer a free initial consultation that lasts 30 minutes or an hour.
  • Will the lawyer give you an assessment of the potential strength of your case?—Often, attorneys cannot accurately assess the potential outcome of a case without having an opportunity to review the evidence. Typically, during a free initial consultation, the attorney will ask for an overview of what happened or what the issues are, and will want to know about potential sources of evidence. Most likely, the attorney will then tell you that, if the evidence supports it, you may have a claim for some type of recovery. However, the attorney will also require that you enter into a contingency fee agreement or make other financial arrangements before any further action will be taken.
  • Typically, before the initial consultation is over, the attorney will summarize the potential issues and advise you as to what needs to happen next, as well as how much it will cost.
  • Even if you don’t hire the attorney, all communications remain privileged and cannot be disclosed to others without your permission

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 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.

Computer Surveillance by Police. What Can You Do?

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Unbeknownst to most consumers, law enforcement agencies asked cell phone companies for subscriber information for an estimated 1.3 persons in 2013. Often, the requests are simply for location of a device, a request that currently does not require a warrant. Cell phone providers and police departments acknowledged the requests in hearings before a Congressional committee. Furthermore, it’s been revealed that, as early as 1999, the National Security Agency built what are called “back doors” into Microsoft Windows, so that they could essentially hack into the personal computers of anyone using the program.

So what are your options if you think you are being monitored or watched by police through your smartphone or your computer?

  • First, remember that your personal computer may not be searched without your permission (or a warrant). Though hackers can obtain access without permission, police must either observe illegal activity or get a warrant.
  • Always log off your e-mail and your shut down your computer when you are not using it.
  • Don’t use your employer’s computer or Internet access to handle any personal matters. Your work computer belongs to your employer, which allows your employer to monitor anything you have on it, and to provide access to anyone else without your permission.
  • Don’t use social media networks to discuss or disclose illegal activity. Law enforcement officers don’t need a warrant to go to your Facebook page.
  • Be careful about signing Terms of Service agreements. Most allow the web service provider access to your computer.

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 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.

The Root Causes of Shoplifting

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Why Shoplifters Steal

According to national studies, nearly one in every 10 people in the United States engages in shoplifting every year. Retailers estimate that they lose more than $13 billion in merchandise to shoplifters annually. Researchers have found that men are as likely to shoplift as women, and that shoplifting takes place in pretty much every type of retail establishment.

The Root Causes of Shoplifting

In a study conducted by MasterCard International, researchers identified two types of shoplifters—dubbed the “professional” and the “non-professional” shoplifters.

They found that 75% of those arrested for shoplifting claimed that their act was not premeditated—that they had not planned to steal anything before they went into the store. The non-professional shoplifters gave a wide range of reasons for their act, including:

  • Depression (multiple studies conclude that about one in three shoplifters suffers from depression)
  • Peer pressure
  • Thrill seeking

Researchers found that shoplifters rarely stole things because they couldn’t afford to buy them. In fact, the study showed that more often than not, people bought items at the same time they shoplifted. Frequently, the items stolen were not items that the person either wanted or ended up using. Researchers concluded that non-professional shoplifters steal because of the feeling it gives them…power when they feel powerless, worth when they feel worthless. Other explanations that non-professional shoplifters cited included substitute for some recent loss, justified payback, and relief mechanism.

By contrast, those considered to be professional shoplifters typically steal to resell goods, either to support a substance abuse problem, or because they would rather shoplift than get a real job.

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.

Drugs, Guns, and Mandatory Minimums!

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In Pennsylvania the Legislature has added a provision to the sentencing guidelines which allows the Commonwealth to seek increased penalties when a person engages in criminal conduct involving drugs and guns.  This provision was generally aimed at violent criminals who involved guns in their illegal sale of drugs.  However this mandatory minimum can also be applied to non-violent offenders and if invoked by the Commonwealth, it calls for a mandatory sentence of five years whenever a person is convicted of a drug offense and the Commonwealth demonstrates by a preponderance of the evidence that, at the time of the offense:

1) the convicted person had a firearm on their person or within their reach;

2) a co-conspirator of the convicted person had a firearm on their person or within their reach; or

3) a firearm was in “close proximity to the controlled substance.”

What this means is if you are convicted, you are requried to be sentenced to a minimum sentence of five years total confinement and does not permit the court to exercise any discretion in whether or not to apply this mandatory minimum. 

In Pennsylvania, all sentences must be expressed in terms of maximum/minimum sentences.  Therefore, any person sentenced under this enhancement must receive a minimum sentence of five to ten years, and the decision to release the prisoner is placed in the hands of the Pennsylvania Board of Probation and Parole.

If you or someone you love are facing drug charges and a weapon was involved contact the Law Office of John E. Kusturiss, Jr., P.L.L.C. today.  Let one of our experienced attorneys review your case and discuss with you the possible application of the above referenced mandatory minimum.  Don’t get caught off guard, take the time today to hire an experienced attorney that can protect your rights today!

Think before you consent!

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In everyday society a lot of time is spent talking about the fact that you should never talk to the police and/or give a statement without first talking to an attorney.  This constitutionally protected right is highlighted on the news, television shows,  movies and written about in novels.  But there is an equally protected right you have as an individual that does not seem to get as much attention.  That is the right to be free from warrantless searches and seizures.

If you are pulled over in your car by the police and they ask if they can search your vehicle, you have the absolute right to say NO!

If the police show up on your doorstep without a warrant and ask to search your home,  you have the absolute right to say No!

As a society we are afraid of saying “no” to the police.  People think that if they refuse the Police’s request to search that it will make them look guilty and so they feel they don’t have a choice but to comply.  Nothing is further from the truth… assert your rights, make the police follow the letter of the law and obtain a warrant, don’t roll over and give permission or “consent” to the search because you feel that you can’t say no!

If you or someone you love are facing charges as a result of a warrantless search, contact the Law Office of Attorney John E. Kusturiss, Jr., Esquire, P.L.L.C. today.  You may have a valid suppression issue that may change the whole outlook of your case.  Don’t gamble with your future hire an attorney with the experience to get you the results you deserve.

 

 

 

 

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323 East Front Street
Media, PA 19063

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