Case Examples

These are just a few of the cases Attorney Justin P. Miller has defended. The facts of each case are unique, and similar results cannot be guaranteed. The cases below are examples of cases Attorney Miller has successfully defended on behalf of his clients.

Adult Felony Charges

  • Client charged with Possession of Contraband Controlled Substance in Prisons (Felony 3), Possession of a Small Amount of Marijuana for Personal Use (Ungraded Misdemeanor), and Possession of Drug Paraphernalia (Ungraded Misdemeanor). Client travelled to a Pennsylvania State Correctional Institution, where client was subjected to a random search. Client was found to be in possession of a small amount of marijuana and wrapping papers.
    Result: Client, who was incarcerated and released on bail prior to the Preliminary Hearing, was ultimately placed on the Accelerated Rehabilitative Disposition (ARD) program.
  • Client charged with one count of Burglary (Felony 1) and four counts of Simple Assault (Misdemeanor 2). At the conclusion of the preliminary hearing, after eliciting testimony from one of the alleged victims on cross-examination, Attorney Miller successfully argued for the dismissal of the Felony Burglary and all but one of the Misdemeanor Simple Assault charges.
  • Result: Client, who was incarcerated at the time of the hearing, was able to plead to a time-served sentence and was released upon sentencing.
  • Client charged with Theft by Unlawful Taking (Felony 3). Client was employed as a manager at a restaurant and was alleged to, over the course of several years, have taken several thousands of dollars from the cash register.
    Result: Attorney Miller obtained a reduced Misdemeanor charge for client based on having client pay a substantial sum toward restitution. Client ultimately received a probation sentence.
  • Client charged with Theft by Unlawful Taking or Disposition (Felony 3). Client’s father passed away and client continued to use the father’s debit card and spend his Veteran’s Affairs income. Once the VA realized the error and recalled the direct deposit from the bank, a criminal investigation of client was triggered.
    Result:Attorney Miller successfully negotiated a settlement that had client placed on the Accelerated Rehabilitative Disposition (ARD) program, one of the few Felony ARD placements in recent years!

Adult Misdemeanor Charges

  • Client charged with Theft by Unlawful Taking (Misdemeanor 1). Client was alleged to have have taken money and items from her employer, a grocery store.
    Result:Attorney Miller was able to negotiate an Accelerated Rehabilitative Disposition (ARD) based on articulating client’s life situation and drug dependence.
  • Client charged with Criminal Trespass (Misdemeanor 1), Disorderly Conduct (Misdemeanor 3), and Public Drunkenness (Summary). Client wandered into the wrong house and fell asleep on the floor.
    Result: Attorney Miller was able to negotiate an Accelerated Rehabilitative Disposition (ARD) after offering to have client write a letter of apology and pay restitution.
  • Client charged with Stalking (Misdemeanor 1) and violating a Protection From Abuse (PFA) Order (Misdemeanor). The allegations in both cases were identical. Client pled No Contest to the PFA violation and Attorney Miller challenged the Stalking charge as Unconstitutional on Double Jeopardy grounds.
    Result: Attorney Miller successfully appealed the trial judge’s order, allowing the Stalking prosecution to continue, to the Pennsylvania Superior Court. The remaining Stalking charge against client was dismissed.

Adult Summary Charges

  • Client charged with Driving Under Suspension – 6th or Subsequent Offense (Summary). Client was alleged to have run a stop sign and struck another vehicle. At trial, the only evidence that client was driving was client’s admission to the officer. Attorney Miller argued consideration of this admission, absent some other evidence, was improper and violated the corpus delicti rule.
    Result: The trial court convicted client over Attorney Miller’s objection. Attorney Miller successfully appealed client’s case to the Pennsylvania Superior Court and the charge was ultimately dismissed.
  • Client charged with Harassment (Summary) and Criminal Mischief (Summary). Client and step-parent had an argument and client was alleged to have struck the step-parent and damaged a wall in the house.
    Result: Attorney Miller was able to negotiate a dismissal of all charges by having client participate in an anger management class and pay for the damage.

Post-Conviction and Pretrial Appeals

  • Client charged with Stalking (Misdemeanor 1) and violating a Protection From Abuse (PFA) Order (Misdemeanor). The allegations in both cases were identical. Client pled No Contest to the PFA violation and Attorney Miller challenged the Stalking charge as Unconstitutional on Double Jeopardy grounds.
    Result: Attorney Miller successfully appealed the trial judge’s order, allowing the Stalking prosecution to continue, to the Pennsylvania Superior Court. The remaining Stalking charge against client was dismissed.
  • Client charged with Driving Under Suspension – 6th or Subsequent Offense (Summary). Client was alleged to have run a stop sign and struck another vehicle. The only evidence at trial was that client was driving was client’s admission to the officer. Attorney Miller argued consideration of this admission, absent some other evidence, was improper and violated the corpus delicti rule.
    Result: The trial court convicted client over Attorney Miller’s objection. Attorney Miller successfully appealed client’s case to the Pennsylvania Superior Court.