Legal Question in Criminal Law in Pennsylvania

Gentlemen:

I have an important request. I would like to know if there is a statute of limitations to a felony conviction for �Unlawful Taking�. I made a mistake when I was 26 years old. I worked at a jewelry store in Pittsburgh as a manager and I was asked by my brother to hire his wife as an employee. What I did not know for sometime was that she stole merchandise and gave this merchandise to my brother who in turn sold on the street corners of the city and pawned and unbelievable amount of merchandise. The police were looking for another person and found all of my brother�s pawn tickets and they watched him selling this merchandise on the streets. I was fired from my manage position I was accused of writing returns and keeping the money. I was asked to fill out the paperwork because I was the manager, which was company policy.

I told the police that I knew where they were keeping their merchandise at my parent�s home and I brought them there and told them where it was and they retrieve it. The Three of us was given 5 years probation in 1986 and required to pay $33.000.00 each in restitution. I paid ($50.00) restitution every month for the 5 years of probation and my probation officer told me on my last day of probation that I was finished and to stay out of trouble. Within this time, the company went out of business and I would really like to know who is receiving these funds.

I proceeded to be the law-abiding citizen that I was before I let them into my business life. I never move and worked in the city of Pittsburgh all my life.

In July of 2002, my mother calls me and told me that the sheriff�s office was looking for me. I could not understand why they were looking for me, I called them and I was told that I had a bench warren on me from 1991.

In the interim I had been stopped by several police officers with minor driving violations like not stopping long enough for a stop sign; when I was coming home from my mom�s breast surgery; driving without my lights turned on and driving erratically because I was crying. I also made a illegal turn and was stopped for all of these infractions and not once did they ever after checking my license told me that I was being sought in violation of my probation.

I was put in jail overnight and was released the following morning. Then 2 weeks later, I was put in jail again because the probation officer said that he sent me a letter in the mail and I did not respond to it. I never received the letter and in the back of my file, I saw the letters were returned to the probation office by the post office that made the assumption that I did not live at this residence. He told me that he went on the internet and there was not a place named �Pennsburg Village� which was a lie. Therefore, this idiot arrested me with another bench warrant and had me in the Allegheny jail again for 15 days this time.

The arbitrator and I met with this probation officer and he was not happen with how he handled this. The arbitrator went on the Internet and found my address as I said it was. I was given 7 years probation in 2002, and began making payments of $30.00 per month and this has expired and I will not be able to pay back this restitution at this amount. I did not steal $33,000.00 from anyone. Now I am waiting at for the beginning of the 2010 for what my probation officer has said that I will be put on probation again because this money has not been paid. Please give me advise as to how I can handle this or if you have a suggestion as to a good attorney that can help me. Thank you for your time and I await your response.


Asked on 12/17/09, 11:40 pm

1 Answer from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

This is not a statute of limitations issue. This is a violation of probation issue.

The question is, were the violations filed while you were still on probation both times? From your narrative, it would appear that this was done, but it has to be checked to be sure. If they did not file the violations in time, then this may be able to be reversed.

Clearly, it looks like the first time the probation officer who told you you were "done" simultaneously filed a violation against you.

In addition, I would think that if there is truly no one to pay (i.e., no company, etc.) then perhaps this can be stopped on that basis. I, too, would be interested in knowing who they are sending the money to.

In any case, if they have timely filed the violations, they can keep you on probation until you pay the balance. The alternative is that they could get a judgment against you and attach whatever property (not just houses and land, but "stuff" too), lien the real property and sell "stuff" until they get to the $33,000.

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Answered on 12/23/09, 7:25 am


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