Legal Question in Criminal Law in Pennsylvania

My cousin got arrested attempting to rob a bar using a toy gun, Thats all the details I have rigt now, How much time are we looking at here, No priors, Drug problem, new baby,21yrs old, comes from family of addicts, convicts, murderers, Really, The sympothy card alone would beat a jury, but really the drugs are the problem, not the system, we can leave that to Bill mawr, i want to know how to help, How much difference will using a toy gun make, etc,


Asked on 12/22/10, 7:35 pm

3 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Sympathy only goes so far. No priors would mean possibly a lighter sentence.

Drug Problems are no excuse.

New baby is not relevant. The fact his family are addicts, convicts and murderers is fortunately not necessarily relevant.

If drugs are the problem then he should have sought help not tried to rob some one.

Juries are made up of people who aren't sympathetic especially to drug abusers who rob people.

{John}

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Answered on 12/28/10, 6:00 am
Justin Gearty Law Office of Justin C Gearty Jr

I agree with John. Those factors may be a consideration for sentencing but I don't know how much they will help. The sentencing range for an offense like that with no priors is within the range of 12-24, meaning the sentence can be anywhere from1-2 years or 2-4 years. The state intermediate punishment program may be an option though based on his drug history. That is a 24 month drug program through the department of corrections, but whether or not he gets into this program will depend on many factors, including whether the judge will agree to that and whether the da will agree to that.

The best advice I can give is that make sure he retains a lawyer now. It is critical that he have a lawyer involved early in the legal process. If he can't afford an attorney, then he should try to get a public defender.

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Answered on 12/28/10, 7:10 am
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

May I add my two cents?

My colleagues have hit the nail on the head. He should have a competent caring lawyer.

I would like to know what county this took place in...

Call me at no charge 215-732-4000

Please email me at [email protected] web site is www.saulhsegan.com

Best of luck to him and to you. Hopefully,this will be a brighter year for all of you.

Saul

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Answered on 12/29/10, 11:06 am


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