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Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC (412) 281-2146

    Case Results

    Driving While Suspended on DUI Dismissed

    Jul 03 2014 in 2014, 2014 Case Results, Case Results, DUI

    A man in his mid-50s was recently charged with driving while suspended for a DUI. This charge is a summary offense with a mandatory 60-day jail sentence and an additional one-year driver’s license suspension for a first-time offense. He had been suspended for a DUI more than eight years ago, but never restored his license. As a result, any additional driver’s license suspensions he received were considered to be DUI-related, even though his DUI suspension had expired years ago. He was cited by police when he was driving to get his wife’s medicine. As a retiree providing care for his wife, a recovering cancer patient, he was extremely worried about jail time and an additional driver’s license suspension that would prevent him from caring for her.

    He hired Pittsburgh criminal defense attorney Mike Worgul to handle his case in Pittsburgh Municipal Court. He attended two court dates on the client’s behalf, and was able to negotiate with the officer and PennDOT to help the client move on from this. We were able to help our client take the necessary steps to restore his license. Once our client recovered his driver’s license, the police officer agreed to dismiss the charge. Our client now has his license back, no longer needs to worry about being pulled over, and can care for his wife without the stress of potential jail time or suspension.

    Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

    Fleeing and Eluding Felony Charge Dismissed in DUI Case

    Jul 01 2014 in 2014, 2014 Case Results, Case Results, Crimes Against Public, DUI

    A man in his mid-40s was recently charged with a high level DUI and fleeing and eluding a police officer. In the Commonwealth of Pennsylvania, a DUI is an ungraded misdemeanor. On the other hand, fleeing and eluding is a third degree felony when committed in conjunction with a DUI. The man had developed a severe alcohol dependency, and he was stopped one morning as he was driving to work. He had woken up late after a serious bender and was rushing to get into the office. People were complaining about the man’s erratic driving on the road, so a police officer tried to stop him. When the officer approached the vehicle, the man pulled away. A brief pursuit followed and the man was taken into custody, where his BAC was registered at .375 – four and a half times the legal limit.

    Worried about his fate, he contacted Pittsburgh felony lawyer Mike Worgul to handle his case. The client was fired from his job as soon as the he was charged, and could not find other work while the case was pending. Prior to the offense, he was a software developer for a Fortune 500 company in Pittsburgh. The man had no prior criminal history, but because of the fleeing and eluding charge he was ineligible for Accelerated Rehabilitative Disposition (ARD), which is usually an option for first-time DUI offenders.

    Mike attended four court dates on the client’s behalf in Allegheny County Court of Common Pleas, and his defense centered around the client’s lack of intent and lack of knowledge. Fleeing and eluding requires that the defendant knew the police were trying to stop him and purposely ignores the police. Mike was able to successfully argue to the judge that because of the client’s BAC, the prosecution could not prove that he was aware that the police were trying to stop him. The felony charge was ultimately dismissed, and our client can have it expunged from his criminal record.

    Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

    ARD Revocation Negotiated, Record Now in Expungement Process

    Jun 26 2014 in 2014, 2014 Case Results, Case Results

    A client was recently arrested at Pittsburgh International Airport upon returning to the U.S. to visit family. He had moved out of the area to the U.S. Virgin Islands and forgot about his existing case in the Pittsburgh area that required him to complete the ARD (Accelerated Rehabilitative Disposition) program.

    Because of this, our client was facing ARD revocation for failing to complete his community service and pay his fines. We defended our client in the revocation proceeding, and if we were not able to do so successfully, he would have gone to trial for charges that should have been dismissed.

    We quickly made contact with the District Attorney’s office once we heard about the revocation hearing, and ultimately we attended three court dates in Allegheny County Court of Common Pleas to negotiate on our client’s behalf. We were able to secure an agreement for our client whereby, if he completed his community service and paid his fines, he would be readmitted to the ARD program. The client paid close attention to our advice this time, and his case is now closed. We’re now working to expunge his record.

    Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

    Pitt Student’s Theft & Heroin Possession Charges Expunged After Probation

    Jun 24 2014 in 2014, 2014 Case Results, Case Results, Drug Crimes, Notable Case Results, Student and Underage Crimes, Theft Crimes

    A University of Pittsburgh student was recently accused of taking items from another student’s dorm room. When the police came to investigate, the student was found with heroin on his person. He was subsequently charged with theft by unlawful taking, a misdemeanor of the second degree, and possession of heroin, an ungraded misdemeanor.

    As a college student with aspirations of becoming an engineer, the defendant was worried that a criminal conviction would diminish his ability to get a job after graduation. He had never dealt with the criminal justice system before and hired Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC to represent him on these charges. Pittsburgh defense lawyer Samir Sarna represented the client on one court date in Pittsburgh Municipal Court. After negotiating with the police officer who arrested the client and the assistant district attorney, Samir was able to negotiate a withdrawal of the theft charge and probation without verdict for six (6) months for the possession of heroin charge. The client completed the six months of probation without issue and thereafter Samir was able to help him with the expungement process. The defendant maintains a clean criminal record and should not face any issues with gaining employment because of this incident.

    Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

    Insurance Fraud Charge Fully Expunged After ARD

    Jun 18 2014 in 2014, 2014 Case Results, Case Results

    A retired steel industry employee in his mid-50s was recently charged with insurance fraud, a felony in Pennsylvania. He had no prior criminal record and wanted to maintain a clean record. The Commonwealth alleged that our client placed a claim with his homeowner’s insurance for a broken piece of circuitry on his hot water heater. He claimed that an electrical surge had caused the damage, but he failed to mentioned to the insurance company that a heating specialist had already informed him that the problem was the age of the heater, not an electrical surge. When the insurance company learned this information, they contacted the police and our client was charged with fraud.

    We attended three court dates in Allegheny County Court of Common Pleas on our client’s behalf. As part of our defense, we showed that the Commonwealth could not obtain sufficient evidence to prove that our client was actively and knowingly lying to the insurance company. After negotiating with the prosecution, we were able to have our client admitted to the Accelerated Rehabilitative Disposition (ARD) program. After completely the program, along with community service, our client was required to remain crime free for a brief period. Our clients charges were then allowed to be fully expunged from his record, allowing him to put this ordeal behind him.

    Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.