Acquittal in Fayette County Parole Violation Case

The criminal justice system in Pennsylvania and across the country does not typically treat parole or probation violations lightly. Law enforcement officers, prosecutors, judges and even the population at large may predetermine your guilt if you are accused of violating the terms of your release because you were already given another chance after a mistake. Luckily, we do not live in a country where preconceived notions and assumption are evidence of guilt.

If you are accused of violating parole or probation, it is vital that you review all your options and tell your story to a dedicated and highly-skilled Pennsylvania criminal defense attorney.

Call Worgul, Sarna & Ness, Criminal Defense Attorneys today at (412) 281-2146 to schedule a free and consultation.

Firearm Offense Endangers a Recent Parolee

In the spring of 2016, a young man in Fayette County was recently paroled and working as a mover, when being in the wrong place at the wrong time almost sent him back to prison for a very long time.

Apparently, one day after work, he was awoken by a call from his sister, asking for a ride home from an area bar. After he arrived, an argument broke out between some other patrons, one of which was an acquaintance. The man noticed that this other individual was carrying a firearm and due to his time in prison, he appealed to him to surrender the weapon and not get caught up in such a heated situation. Eventually, the man handed the gun over, but since he knew that his parole prohibited him from being in possession of a gun, he decided to throw it in a grassy area outside of the bar.

Unfortunately, the altercation caused the police to arrive and someone reported that a gun was involved and a shot was even fired. An officer at the scene claimed that he saw the man in question fire the shot in his direction and brought him in for questioning. Without an attorney, the man spoke with police and denied any involvement, but did not advise the officers that he had, in fact, disarmed another person.

This turned out to be a mistake because when police saw the video evidence taken outside of the bar, it was apparent that he did have a gun at one point and attempted to hide it in the weeds. This led the officers to believe that he was lying and when the gun was recovered, the man was charged with the felony crimes of aggravated assault on a police officer, person not to possess a firearm, carrying a firearm without a permit, and assault on a police officer as well as misdemeanors for reckless endangerment and disorderly conduct. While these offenses are serious enough for anyone, the man had the added complication of being on parole and in addition to the normal penalties, if he was convicted of violating his parole, he would likely spend the next 20 years in prison.

Worgul, Sarna & Ness, Criminal Defense Attorneys and Matthew Ness for the Defense

Tragically, because of the man’s parole status and the grievous nature of these crimes against the public and law enforcement, the man’s bond was set at an impossibly high amount and he needed to await trial in custody. While he waited in jail for the opportunity to tell his side of the story, the veteran legal team at Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC and Pennsylvania criminal defense attorney Matthew Ness began working for their client and conducted an independent investigation.

When their client’s trial started, almost a year later, attorney Ness was well-equipped with the strongest possible defense and presented his client to the jury as someone trying to straighten his life out. When Ness offered his client’s version of events combined with dissecting the video evidence, it was clear to the jury that no crime was committed. Due to his attorney’s dedication and attention to detail, the jury acquitted this man of all the charges against him and he was free to go.

You Have Rights, Protect Them

Although he had to wait for an extended period due to legal red –tape, procedures, and unnecessary delays, this man’s decision to consult and attorney eventually led to his deliverance and the chance to rebuild his life. At Worgul, Sarna & Ness, Criminal Defense Attorneys, attorney Matthew Ness and the entire legal team know the importance of defending their clients and protecting the rights of the accused. Give us the opportunity to tell your side of the story and work towards the best possible outcome.

For a free and confidential consultation, call (412) 281-2146 today.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.