Legal Question in Criminal Law in Pennsylvania

Question on summary arson charges

I feel that I was taken advantage of for not having an attorney in this situation and would appreciate any clarification.

This is a summary of what happened:

I was taken into questioning, admitted what I did and a citation was filled out. I filled out a voluntary statement that said I was not under arrest, I was giving the information on my own attest. Before signing the citation, I asked what I was being charged with and if it would be on my record. The officer told me it would not be on my record and it was just like a traffic ticket, a

summary charge and so I signed it and plead guilty. Received the summons, with arson and other charges listed. I asked another officer to clarify for me and he called the judge at his home because he didn't see arson listed anywhere on the citation. Judge told him it would be under ''reckless burning''. In court, the officer didn't show up. The judge told me it was a new law enacted a few years ago that listed the offense, ''reckless burning'', under arson and that the officer is legally able to add to the citation without giving me notice after I had signed. Told me it would be on my record as arson and could be expunged under ARD.


Asked on 8/16/05, 3:07 pm

1 Answer from Attorneys

Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Question on summary arson charges

You need to retain legal counsel immediately, you are taking advice from non-attorneys, which in and by itself is a criminal offense. The bottom line is ARD is only available to individuals by agreement from the DA, and NOT from the police or the District Justice.

Failure to act now may lead to a permenant criminal record...my next question is why did you give a voluntary statement to the police...as I have told other clients, the Police are NOT your friend(s)...they are there to arrest you!

Sincerely,

Marc V. Taiani, Esquire

AAAL - Allegheny Attorneys At Law

www.Alleghenyattorneys.com

412.731.0865

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Answered on 8/17/05, 3:06 pm


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