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DRIVING ON A DUI SUSPENSION, UNLAWFUL SPD, CUMBERLAND COUNTY

Driving on a Suspended License Due to a DUI Conviction Dismissed. Client was travelling north on Highway 81 on Christmas Day 2015 when he was stopped by a State Trooper for Speeding. Client, a resident or Colorado, produced his Maryland driver's license which was valid only to travel to and from alcohol treatment. Client explained to the Trooper that he as on his way to a AA meeting. Trooper doubted Client's story and wrote him up. Client returned to Colorado and contacted me. I advised Client to plead not guilty and send the required bond to the court. Christmas Day 2015 was on a Friday. I checked the particular AA meeting site online and found that Friday was a normal meeting day and there was no notice that it would be closed on Christmas Day. I attended the hearing for my Client and was able to explain to the Troop that Friday was a normal meeting day and there was no notice of closure. As a result the Trooper withdrew the License Suspension Ticket and Client paid a Twenty-Five ($25.00) speeding fine. The remainder of the bond was returned to Client by the Court.

AGGRAVATED ASSAULT POLICE OFFICER, LANCASTER COUNTY

Aggravated Assault Dismissed. Client Charged with Aggravated Assault on a Police Officer, a first degree felony, punishable by up to 20 years in state prison, when, as he passed the officer, who was approaching Client's vehicle, was allegedly struck by the vehicles side mirror; Fleeing and Attempting to Elude an Officer, Reckless Endangering Another Person and related traffic offenses.

 I was able to keep my Client out of jail by persuading the district attorney's office to dismiss the Aggravated Assault and one related traffic offense. Client plead guilty to Fleeing and Attempting to Elude and Reckless Endangering Another Person and was placed on four years' probation with a twenty-five dollar fine on the remaining traffic offense.

DRUG CRIMES

Case Dismissed. Client charged with among other things manufacturing marijuana in that he was growing twelve marijuana plants on his deck in Philadelphia. Judge agreed to dismiss the case due to the district attorney's failure to be ready for trial. As a result the district attorney withdrew the prosecution resulting in a dismissal of all charges.

SEX CRIMES

Not Guilty. Client was charged with aggravated child molestation, aggravated sodomy, and two counts of child molestation. They could have been facing a life sentence but was found not guilty by a jury trial. 

Child Molestation, Dismissed. Client charged with six counts of child molestation facing up to 100 years in prison. Case was dismissed due to lack of evidence.

Statutory Rape, Penalties Reduced. Client was charged with statutory rape. Through aggressive negotiation with the prosecutor, he was given 12 months of probation instead and the record was sealed.

Statutory Rape, Charges Dismissed. Client was charged with statutory rape and two counts of child molestation. After reviewing the government's evidence and conducting a hearing to exclude the evidence, the District Attorney agreed to dismiss the two counts of child molestation and client was sentenced 180 days followed by probation.

Aggravated Child Molestation, Case Reduced to Juvenile Offense. Client, a juvenile, was charged in adult court with aggravated child molestation and child molestation. After aggressive negotiation with the prosecutor, the case was successfully transferred to juvenile court where it was resolved without the client suffering any time in custody or being designated a sex offender. Client will spent 36 months on probation and is eligible to have his record expunged.

Child Pornography, No Contest Plea Accepted. Client charged with 196 counts of possession of child pornography, offenses which carries extensive prison time. Through negotiation with the government, they chose not to object to the client entering a plea of no contest with a sentence of thirty-six months incarceration. Further, due to challenges brought on by counsel concerning airport searches, the trial judge agreed to allow the client to remain free on bond during the appeal process.

NOTICE OF TRANSFERED TO JUVENILE CT.pdf
NOTICE OF TRANSFER TO JUVENILE COURT

DISORDERLY CONDUCT DISMISSED. In 2004, Client was travelling from Florida through Philadelphia enroute home to the U.K. suffered a layover at PHI airport due to storm. Client arrested after an altercation in airport bar. Case was set for hearing and Client failed to appear. A warrant issued and Client fearing being detained while travelling retained my services to have the warrant removed and the case dismissed, which was accomplished.

DRUG CRIMES

Drug Conviction Sentencing Lancaster County PA Reveresed Represented Client on appeal asserting sentencing was illegal due to minimum madatory sentencing being unconstitutional. Court of Appeals agreed and vacated Client's sentence.

APPEAL OPINION 934 MDA 2014.pdf
SENTENCING REVERESED

PWID Marijuana, Possession of Firearm, Not Guilty after Judge Trial in Philadelphia. Client found in living room after search warrant executed in a home he was visiting. In one bedroom police found marijuana, a gun and Client's identification. Police charged Client. After trial Judge agreed with defense theory that Client could not have been in possession actual or constructive just because his ID was in the same room with the gun and drugs. Court agreed and found Client NOT GUILTY. Also, while awaiting trial Client was held on a bond he could not make. Commonwealth failed to bring Client to trial within six months as required and after Motion by defense Client was released on one dollar bail and house arrest.

Not Guilty Docket.pdf
NOT GUILTY PWID & FIREARM OFFENSE

Possession Marijuana, Cocaine, Penalties Reduced to Probation and Expungement. Several clients were charged with possession of marijuana and cocaine facing jail time. After successful negotiation the prosecutor agreed to probation and expungement of the arrest.

Conspiracy to traffic Cocaine, Sentence Reduced. Client was charged in federal court with conspiracy to traffic cocaine. They were facing forfeiture of property, but after aggressive negotiation with U.S. Attorney, a substantial sentence reduction was agreed to.

PWID Marijuana, Charges Reduced. Client charged with possession with intent to distribute marijuana, making a false identification card, and a seat belt violation. After aggressive negotiation with the prosecutor, he agreed to dismiss the drug charge and seat-belt violation and reduce the I.D. charge to a misdemeanor and place client on 12 months' probation and a $500.00 fine. 

Possession Heroin, Charges Reduced. Client charged with possession of heroin after police watched her make a buy. After aggressive negotiation, the prosecutor agreed to reduce the charge to disorderly conduct with a 12 month suspended sentence (no jail time or fines).

Possession Marijuana, Charges Dismissed. Client charged with speeding, possession of marijuana, driving under the influence of marijuana. After being stopped for speeding, a drug dog detected drugs in the client's vehicle and a subsequent search produced marijuana to which client admitted smoking earlier that day. After aggressive negotiation with the prosecutor, the DUI charge was dismissed and the possession of marijuana charge was dismissed upon payment of fine and completing twelve months of probation.

DUI CRIMES

Arrest Suppressed, Case Dismissed Philadelphia.  Client's Case dismissed after Motion to Suppress an Illegal Arrest. As a result the District Attorney dismissed all charges.

Not Guilty. Client, a letter carrier, was charged with DUI and faced termination of her employment if convicted. By demanding a trial by jury, client was found not guilty.

Case Dismissed. Client was charged with DUI after police entered his home without a warrant and arrested him. As the police did not see the client driving and entered the home without warrant or exigent circumstances, the search and seizure was shown to be illegal and the case was dismissed.

Case Dismissed. Jury trial demanded for client who was arrested for DUI. The case was called and the government lacked sufficient evidence and was not prepared to go forward. I requested that the judge dismiss the case and it was granted.

Case Dismissed. Client charged with DUI and the case was called for trial. Government not prepared to go forward and I made a request to the judge for the case to be dismissed for want of prosecution and it was granted.

Charges Reduced. Out of state client charged with DUI. By negotiating the charge to a lesser offense, the client was mailed a fine by the court and did not face any other penalties.

Charges Reduced. Under 21 Client was arrested for DUI after being observed driving erratically. Case was successfully negotiated and charges were reduced to a lesser offense, whereupon client paid a fine.

DUI Reduced. A member of the military stopped after sitting through a green light and then made an abrupt turn into a parking space. After filing motions and negotiating with the prosecutor he agreed to reduce the DUI to a lesser offense.

Charges Dropped. Client charged with DUI, racing, speeding, and reckless driving. Prosecutor alleged client was observed by police helicopter traveling at high rate of speed and weaving in and out of traffic. The prosecutor refused to dismiss DUI even though client successfully completed the field sobriety test. An expert in the administration of the field sobriety test was retained and upon presenting the expert's detailed report to the prosecutor all charges were reduced except for the speeding offense.

THEFT CRIMES

Theft by Unlawful Taking/Receiving Stolen Property: Philadelphia Case. Client a manager at a local cellular telephone company was accused of stealing over $2,000.00 in cash (Felony of the 3rd Degree). At Trial Mr. Rutkowski was able to get the district manager to admit other employees including himself had keys to the particular store and anyone who had a key could have entered the store over the weekend, disable the video camera and remove the cash. Client found NOT GUILT. After not guilty Mr. Rutkowski had the Client's record expunged.

Case Dismissed. Client charged with, Theft by Unlawful Taking (Felony 3rd Degree, (F3) Maximum Penalty 7 years and $15,000.00 Fine), Receiving Stolen Property (F3) Degree, Maximum Penalty 7 years and $15,000.00 Fine) and Unlawful use of a Motor Vehicle (Misdemeanor of the 2nd Degree M2) Penalty 2 years and $5,000.00 Fine) I convinced the judge to dismiss the two felony charges at the preliminary hearing, leaving the Client to go to trial on the misdemeanor unlawful use of a motor vehicle charge. At trial I argued the unlawful use of a motor vehicle charge had no merit and asked the Judge to dismiss it. She agreed and the case was dismissed.

Case Dismissed. Client charged with stealing a car. The case was dismissed after convincing the court that the government failed to indict the case within the statute of limitations.

Penalties Reduced. Client charged in federal court with three counts of bank robbery in which the client was facing several years in prison. After aggressive negotiation, the government agreed to bottom of guideline sentence.

Reduced Sentence. Client accused in federal court with stealing two bags of money from an armored car he was assigned to. After the Judge agreed with argument of defense counsel, regarding the Client not being in a position of trust, which would have enhanced his sentence, the government agreed to a reduction in sentence to eighteen months.

Case Dismissed. Client charged with stealing the identity of acquaintance to obtain a mortgage; defense successfully negotiated a pretrial diversion and case dismissed with the client's arrest removed from his record.

Case Dismissed. Client charged with forgery when she attempted cashing a fake cashier's check. Client, a college student, was solicited through emails by unknown individual to cash check for his company in exchange for a percentage of the check for her efforts. When client tried to cash the check, she was detained and arrested. Upon showing emails and other information to district attorney the case was sent to pretrial diversion, dismissed and the client's arrest removed from her record.

Case Dismissed. Client charged with armed robbery and possession of firearm during commission crime. Case consisted of alleged victim's word against client's word. Alleged victim's statements to police and his written statement were not consistent and so a jury trial was demanded. At jury selection district attorney conceded his case was weak and dismissed the indictment.

Charges Reduced. Client and co-defendant charged with armed robbery. Evidence against client included his statement and video from a gas station where client and co-defendant used the victim's debit card. Charge was reduced from armed robbery, which carries mandatory prison, to a lesser charge which carries no mandatory jail time.

Charges Reduced. Client charged with six counts of armed burglary, five counts of grand theft, one count of criminal mischief, and one count of misdemeanor marijuana possession, facing a substantial prison sentence. After extensive aggressive negotiation, the prosecutor agreed to four years of probation, a withholding of a conviction on all the felony charges, and the dismissal of the marijuana charge. The result was that the client's license did not have to be suspended.

 RETAIL THEFT

Client charged with Retail Theft (Summary Offense Maximum Penalty 90 days and $300.00). Mr. Rutkowski was able to have the charge dismissed at the Magisterial District Court.

ARSON CRIMES

Minimum Penalty Secured. Client accused, in federal court, of burning down a gentlemen's club. I successfully negotiated minimum guideline range and the government agreed not to indict client on pending drug trafficking charges.

Case Dismissed. Juvenile client, along with several friends, charged with arson for setting the grass in their subdivision on fire. Case dismissed upon client attending one day fire prevention class and payment of restitution.

PROTECTION FROM ABUSE

Protection From Abuse (PFA) Petitions DISMISSED and Case Expunged

Client's wife filed a temporary and Final Petition from Abuse against her husband. Both Order's issued, however, the couple reconciled and for over 10 years had no other incidents. The PFA Orders were affecting Client's ability to seek and keep employment. Mr. Rutkowski filed and was granted Orders dismissing the FPA's and removing them from the Client's record.

VIOLENT CRIMES

Charges Reduced. Client charged with Aggravated Assault (F1, Maximum Penalty 20 years and $25,000.00 fine), Endangering the welfare of a child (M1 Maximum Penalty 5 years and $10,000.00 fine), Possession of Instrument of a Crime  (Gun)(M1), Terroristic Threats (M1), Simple Assault (M2 Maximum Penalty 2 years and $2,000.00 fine), Reckless endangering another Person (M2)On the eve of trial and after extensive negotiation with the district attorney Mr. Rutkowski was able to have the Aggravated Assault, Endangering the Welfare of a Child and Terroristic Threats dismissed. Client plead No Contest to the remaining two Misdemeanors and agreed to 5 years' probation and anger management.

Attempt Murder, Not Guilty, Philadelphia. Client charged with Attempt Murder and Aggravated Assault with firearm etc., client facing 120-year prison sentence. was found not guilty on each count after jury trial. Last page of docket shows not guilty verdict.

Attempt Murder, Not Guilty, Philadelphia.  Second Client charged with Attempt Murder and Aggravated Assault with firearm etc., client facing 120-year prison sentence. was found not guilty on each count after jury trial. Last page of docket sheet shows not guilty verdict.

Penalties Reduced. Client charged with aggravated assault with a firearm and aggravated stalking after she allegedly shot her estranged boyfriend. Negotiation with the State was successful and the penalties were reduced to five years' probation and the sealing for her record upon completion.

Charge Reduced. Client charged with aggravated assault with a firearm, carrying a concealed weapon, and discharging a weapon in public. Client entered a plea which allowed client to have his record sealed once he completed probation. The original probation was for a term of five years but after aggressive negotiation with the prosecutor, he agreed and the client's probation ended and his arrest record sealed after three years.

Case Dismissed. Client charged with soliciting for prostitution, false report of a crime, and three counts of battery. Client allegedly invited an exotic dancer to his home where upon he allegedly solicited sexual favors. When denied, he was purported to have assaulted the victim. The case was dismissed due to lack of evidence.

Case Dismissed and Arrest Removed. Client charged with domestic violence concerning her girlfriend. After negotiation, the prosecutor agreed to dismiss the case and remove the arrest from the Client's record upon her completing an anger management course.

VIOLATION OF PROBATION CRIMES

Probation Terminated. Client sentenced originally to a 15-year term: 10 years to serve in prison and the remaining 5 years on probation. After severing 9 years in prison, client was released to serve 1 year on parole, which he successfully completed. However, client never reported to probation and a warrant issued for his failing to do so. Client hired our defense team as he did not willfully violate his probation as he believed his sentence ended when he completed parole. Since his release from prison, the client has worked full time, gone back to college, and wrote and published a book. After hearing the evidence, the judge terminated client's probation.

SOLICITING A PROSTITUTE. Client charged with Soliciting and Patronizing a Prostitute both Misdemeanors of the 3rd Degree (M3).  Each punishable by 12 months in jail and $2,000.00 fine). I was able to get the Client into a short pretrial program which the client completed. Once completed I was able to have the arrest expunged from the Client's record. Also, Client's vehicle was impounded and the Commonwealth sought to have it forfeited. Mr. Rutkowski challenged the forfeiture action and was able to get the Client's vehicle back.

PROTECTION FROM ABUSE

Client sought to have temporary and final Protection from Abuse Orders expunged from his record. I filed the Motions and Brief in Support of expungement and after a hearing the judge agreed that in this particular case the Client was entitled to have both Orders expunged. As a result, the entire record was destroyed.

CRIMINAL ATTEMPT MURDER

Client charged with Criminal Attempt Murder (F1), Aggravated Assault, (F1), Possession of Instrument of a Crime (Knife) (M1), Simple Assault (M2) and Reckless Endangering Another Person (M2). I was able to have the case dismissed at the preliminary hearing.

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