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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3132
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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You are a great and awesome Attorney so I wanted to request

Customer Question

You are a great and awesome Attorney so I wanted to request you again. This is an ongoing disscussion and need your assistance again regarding the same matter as before when you gave advice.First on the December 17th case the Police Chief is trying to arrest me on a Misd. Charge of Impersonatinga Public Official? He is stating that I was not a Constable on this Date.Second on the December 31st case the Police Chief is trying to arrest me on two Felony Charges. Fist a Weapons Charge because I was carrying without a License that evening. On that evening I was a Sworn Deputy Constable however I was not a Certified Constable. I also was working for a Private Party not a Court but serving a County Court of Common Pleas Civil Document and had nothing to do with the Minor Judiciary.Third on the Dec. 31st They are trying to charge me with Defiant Trespass which is another Felony. They said I stated that I threatened to enter the house however I never stepped one foot into the house. I also have a 3rd Party Witness who gave a Witness Statement that will reflect that I never entered the apartment. Even though I did have a Court Order and Confirmed person that did in fact live there. We also all smelled a strong ordor of drugs Marijuina.So the DA meet with the Asst. DA, Police Chief, Chief Detective and my Attorney. I was told not to be there by my Solicitor who is friends with DA and the Asst. DA. I also asked to have my Union President Present and he said no to both. He said he wanted to feel them out. No he won't represent me in the Crimianl Matter.My Attorney gave me several Options:1. Resign because they want my job
2. Take a Leave of Absence until January of 2017
3. Make a written statement stating that I will relinquesh my rights to ever own a handgun or carry one
4. Not ever work in the Borough or County where I am Elected
5. Become a Process Server and not become Certtified as a Constable and Firearms Certied
6. Fight the case and go to Court but he refuses to represent me because he feels that I should resign and get it over with.Problem is if I resign I will go Bankrupt, and loose my job and business. I have tons of money and loans out there in order to do my job. I bought a car, two-way radio, clothing, and I have went through all but one day of my Certification classes. The reason I missed Sunday is because my Ankle was as big as my Head or I would of been Certified.Also my Attorney claims that in order to do work that I am doing I need to be certified. My Union President and Union Representative states that is only to work for the Minor Judiciary AKA Magistrate Office. He told me that ACT 49 is only for that purpose other wise I can work for the Court of Common Pleas or Higher Court System.My Attorney states that I need to be Certified to carry a firearm in PA. My Union President and Representative state No becaue I am not working for the Minor Judiciary. By the way the Minor Judiciary can't give me work until I am Certified and Insured. The only way to get Insured is to be Certified under Act 49.So besides these question what is ACT 49 for to work for the Minor Judiciary which I have taught in School because the Sheriff Dept. works for the Court of Common Pleas in the County or is ACT 49 for all Courts form the Minor Judiciary AKA Magistrate to Supreme.Can I as a Deputy Constable on Dec. 31st of 2015 legally carry a firearm. I did where my Pennsylvania State Constable Police Jacket which was stripped.Can they use the items sized on Dec. 31st of 2015 to prosecute me for the charges on Dec. 17th of 2015?Please advise. Since your an outside of this county and my Attorney is friends with the DA and ADA I want an outsiders Attorney advice. My Union is 1000% behind me.My Attorney is stating he doesn't care the Misd. Charge of Dec. 17th of 2015 he cares about the Felonies however I care about all of this and what happens if I go back to the Boro where I had previous problems but no other Pennsylvania State Constable Police Officer even with marked cars stating that.Also can I legally use these patches based on the Galluze Case which my Attorney states is not presidential or has no bearing in Pennsylvania as well as the PA Supreme Court Case.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  PhillipsEsq replied 1 year ago.
Thank you for requesting for my assistance once more. The services you are seeking are beyond the scope of regular Q and A format and will be handled under our premium service. I will send you an offer. If you agree, I will proceed to review all your attachments including the 23-page Memorandum Opinion and tell you what I think. Otherwise, I will open the case up to other Attorneys. Thank you for your cooperation,