Case Results
ROBERT E MIELNICKI, ESQUIRE
MICHAEL P. PETRO
Robert E . Mielnicki recently chosen to teach "Strategies in Defending DUI Cases"-Pittsburgh, PA-2/24/09
CRIMINAL CASES
The following is a list of some of the favorable results obtained by Robert E Mielnicki, Esq. in criminal cases he has handled. He cannot remember every case or charge he has handled in his 20 years of criminal practice nor could any other attorney with that much experience. Composing this list took him hours and involved some online research of his own cases. The names of the clients are not mentioned here for obvious reasons.
1992 - Lancaster County
Robert E. Mielnicki, Esq. was appointed to represent T. M. who was charged with burglary of the restaurant/ bar he worked at as a nighttime custodian. After several days of trial, the Jury returned a verdict of not guilty apparently rejecting the prosecution theory that only T.M. could have committed the crime. The prosecutor introduced evidence of a deposit into the bank account of T.M. the day after the burglary for about the amount of money taken in the burglary. Attorney Mielnicki, however, was able to demonstrate through use of an interstate subpoena to a famous Atlantic City casino that T.M. had actually won approximately that amount of money gambling.
1993 - Lancaster County
Robert E. Mielnicki, Esq. was appointed to represent J.R., who was charged with Possession with Intent to Deliver Marijuana and Possession. The prosecutor introduced evidence that J.R. was sitting on the drugs in a vehicle the police had stopped and when they asked J.R. about the drugs he stated such were his but only for personal use. Despite this evidence, the Jury found J.R. not guilty of both charges.
1993 - Lancaster County
Robert E Mielnicki, Esq. was appointed to represent F.R. charged with the daylight armed robbery of a convenience store. The victim positively identified F.R. as the man who robbed him. The Jury indicated several times that it could not reach a verdict before the trial judge declared the Jury Hung. The charges against F.R. were subsequently withdrawn.
1994 - Lancaster County
Robert E Mielnicki, Esq. was appointed to represent J.C., an 18 year old charged with First Degree Murder. During a trial that lasted more than one week, the prosecutor introduced two eyewitnesses who testified that J.C. fired the shot that took the life of the victim. Attorney Mielnicki cross-examined one of these witnesses for close to eight hours. The Jury returned a verdict of not guilty.
1996 - Allegheny County
Robert E Mielnicki, Esq. was appointed to represent S.R., who was charged with Rape. The evidence presented by the prosecution, but disputed by defense counsel, was that S.R. had climbed through the window of the girls’ bedroom. At the end of a trial that lasted almost one week, the Jury returned a verdict of not guilty.
1999 - Armstrong County
Robert E Mielnicki, Esq. was retained to represent J.L., a bookkeeper/controller for a local car dealer, who was charged with several counts of theft. At the end of a trial that lasted nearly one week, the Jury returned a verdict of not guilty as to all charges, apparently rejecting the prosecutor's contention that J.L. as bookkeeper/controller was the only person who could have committed the crimes.
2007 - Allegheny County
Robert E Mielnicki, Esq was retained to represent R.K., a 21 year old charged with the rape of a fellow college student. At the end of a three day trial, the Jury returned a verdict of not guilty.
2007 - Allegheny County
Robert E. Mielnicki, Esq. was retained to represent J.C. charged with Aggravated Assault and Resisting Arrest during an alleged altercation with three police officers. At the end of trial, the Jury found J.C. not guilty of these charges.
2010 - Allegheny County
Robert E. Mielnicki, Esq. was retained to represent R.D. who was charged with Poss. With Intent to Deliver Marijuana. The police stopped R.D.’s vehicle for a traffic violation. Upon approaching the vehicle, the police smelled an ‘overwhelming” odor of marijuana. The police ordered R.D. out of the vehicle and retrieved a backpack from the front seat. The backpack was opened and 876 grams of marijuana was found. Attorney Mielnicki conceded that the search was lawful under the United States Constitution but contended that the opening of the backpack without a warrant violated Article I, Sec. 8 of the Pennsylvania Constitution. The Court agreed and ordered the marijuana suppressed.
The following are a few of the other criminal cases Robert E Mielnicki has handled where he has obtained results that were favorable to his clients. Most criminal cases are resolved by plea agreement.
ALLEGHENY COUNTY
1996 - Solicitation - Pre-Trial - Dismissed
1997 - DUI - Preliminary Hearing - Dismissed
1997 - DUI - Bench Trial - Not Guilty
1998 - Possession with Intent to Deliver – Suppression Motion Granted
1999 - DUI - Jury Trial - Hung Jury
2000 - DUI - Jury Trial - Not Guilty
2000 - DUI - Bench Trial - Not Guilty
2000 - Possession with Intent to Deliver – Pre-Trial Motion to Dismiss Granted
2000 - DUI - Bench Trial - Not Guilty
2000 - Possession with Intent to Deliver – Suppression Motion Granted
2001 - DUI - Preliminary Hearing - Dismissed
2002 - Burglary, Indecent Assault - Preliminary Hearing - Dismissed
2002 - DUI - Suppression Motion Granted
2002 - Aggravated Assault - Bench Trial - Not Guilty
2003 - Firearms Offense - Bench Trial - Not Guilty
2003 - Aggravated Assault - Pre-Trial - Withdrawn
2003 - First Degree Murder - Jury Trial - After several days of trial, agreement for 4 - 8 years reached.
2004 - Aggravated Indecent Assault - Post Conviction Sentence of 7 1/2 to 15
Years Vacated - New Sentence of 3 1/2 to 7 years with 6 1/2 years of credit obtained.
2004 - DUI, Fleeing - Suppression Motion Granted, Case Withdrawn
2004 - Firearms Not to Be Carried w/o License - Pre-Trial - Dismissed
2004 - Possession of Controlled Substance, Tampering with Evidence -
Preliminary Hearing - Dismissed
2006 - DUI - Bench Trial - Not Guilty
2006 - DUI - Pre-Trial - Withdrawn
2006 - Rape, Indecent Assault - Preliminary Hearing - Dismissed
2007 - Terroristic Threats - Pre-Trial - Dismissed
2007 - Poss. with Intent to Deliver, Resisting Arrest - Withdrawn
2007 - DUI - Bench Trial - Not Guilty
2007 - DUI - Pretrial - Withdrawn
2007 - Aggravated Assault (shooting) - Pre-Trial - Withdrawn
2007 - DUI – Preliminary Hearing - Dismissed
2008 - DUI- Pre-Trial - Withdrawnp
2008 - DUI- Bench Trial - Withdrawn
2008 - DUI- Pre-Trial - Withdrawn
2008 - DUI- Pre-Trial - Withdrawn
2009 - Possession With Intent to Deliver - Dismissed
2009 - Rape – Pre-Trial – Withdrawn
2009 - Firearms Not to Be Carried w/o License - Dismissed
2009 - Aggravated Assault, Resisting Arrest - Pre-Trial - Withdrawn
2009 - Statutory Sexual Assault - Plea Agreement, Probation
2009 - Aggravated Assault, Resisting Arrest - Pre-Trial - Withdrawn
2009 - Robbery - Preliminary Hearing - Withdrawn
2009 - Theft - Preliminary Hearing - Withdrawn
2009 - Interference With Custody of Children - Withdrawn
2010 - Corruption of Minors - Pre-Trial - Withdrawn
2010 - IDSI, Stat, Sex Assault,Unlawful Communications - IDSI and Unlawful Communications Withdrawn - Probation
2010 - DUI – Bench Trial – Not Guilty
2010 - Possession with Intent to Deliver – Pre-Trial – Reduced to Disorderly Conduct
2010 - Possession with Intent to Deliver - Pre Trial - Withdrawn
BEAVER COUNTY
1997 - Burglary - Preliminary Hearing - Withdrawn
1997 - Criminal Trespass - Dismissed
2008 - Endangering Welfare of Children - Preliminary Hearing - Withdrawn
2009 - Terroristic Threats - Pre-Trial - Withdrawn
2009 - Burglary - Pre-Trial - Withdrawn
BLAIR COUNTY
1997 - Underage Drinking - Withdrawn
BUTLER COUNTY
2000 - DUI - Jury Trial - Not Guilty
2006 - False Info Firearms Ownership - Withdrawn
2009 - DUI -ARD, No Suspension
2010 - Possession with Intent to Deliver – Pre-Trial – Withdrawn
CAMBRIA COUNTY
1996 - Possession With Intent to Deliver - Plea Agreement, Probation
2005 - Simple Assault - Preliminary Hearing - Withdrawn
2007 - Possession With Intent to Deliver - Plea Agreement, Probation
2009 - Delivery of Controlled Substance – Pre-Trial – Withdrawn
CLARION COUNTY
2007 - Prescription Fraud - Pre-Trial - ARD
ERIE COUNTY
2009 - Aggravated Indecent Assault – Plea Agreement – Reduced to Misdemeanor, Probation
INDIANA COUNTY
1996 - False Reports- Pre-Trial - Withdrawn
2005 - Possession of Controlled Substance - Motion to Dismiss - Granted
2009 - Simple Assault - Preliminary Hearing - Withdrawn
2009 - Possession With Intent to Deliver - Pre-Trial - Dismissed
JEFFERSON COUNTY
1998 - Official Oppression - Pre-Trial - Dismissed
LANCASTER COUNTY
1992 - DUI - Pre-Trial - Withdrawn
1994 - Robbery - Jury-Hung Jury, Charge Subsuquently Withdrawn
1995 - First Degree Murder - Jury Trial - Verdict of Guilty Third Degree
1995 - Possesion with Intent to Deliver - Pre-Trial - Dismissed
LAWRENCE COUNTY
2008 - DUI (3rd Offense) - Six Months House Arrest
LEBANON COUNTY
2008 - Theft, Corrupt Organizations - One year probation.
MERCER COUNTY
2001 - Indecent Assault - Preliminary Hearing - Withdrawn
2007 - Stat. Sexual Assault - Pre-Trial - Dismissed
SOMERSET COUNTY
2005 - Indecent Assault - Pre-Trial - ARD
VENANGO COUNTY
2007 - Simple Assault (4 counts) - Preliminary Hearing - Withdrawn
2009 - DUI W/Accident - ARD, No Suspension
WASHINGTON COUNTY
1999 - Possession with Intent to Deliver - After Jury was selected, charge
reduced to Possession and client sentenced to probation
2006 - Theft - Pre-Trial Motion to Dismiss - Granted
2008 - Furnishing Alcohol to Minors - Pre-Trial - ARD
WESTMORELAND COUNTY
2003 - Delivery of a Controlled Substance - Plea Agreement - House Arrest
2007 - Theft, Conspiracy - Preliminary Hearing - Withdrawn
2007 - Fleeing and Eluding - Plea Agreement - Probation
NOTABLE APPEALS
COMMONWEALTH V. WILSON, 927 A.2D 279 (PA. SUPER. 2007)
UNITED STATES V. ZIMMERMAN, 277 F.3D 4269 (3RD CIR. 2002)
HUDAK V. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, 757 A.2D 439 (PA.CMWLTH. 2000)
COMMONWEALTH V. HUDAK, 710 A.2D 1213 (PA. SUPER. 1997)
COMMONWEALTH V. SMITH, 545 PA. 487, 681 A.2D 1288 (1995)
COMMONWEALTH V. ROSARIO, 545 PA. 4, 679 A.2D 756 (1993)
These cases might be viewable on Goggle if you search for them by typing in the complete case name such as "Commonwealth v Leevaughn Wilson" or "United States v Zimmerman"
Disclaimer: These are only some of the favorable results Robert E Mielnicki, Esq. has obtained in criminal proceedings. Most criminal cases are resolved by plea agreement. He estimates that he represented at least 200 criminal clients a year between 1991-1995. Since then he estimates that he has represented 40 or so criminal clients a year. The results listed should not be taken as a guarantee of success in your case.
CIVIL CASES
The following is a list of some of the results Robert E Mielnicki, Esq. has obtained in civil cases. He has settled numerous cases.
1997 - Allegheny County
Robert E Mielnicki, Esq. successfully represented an NFL Pro Bowl Player in a civil suit.
2001 - Allegheny County
J.B. was walking to work when a very young driver with only $100,000 in coverage hit him resulting in the loss of a leg. Attorney Mielnicki knew that $100,000 was not enough so he obtained numerous documents pertaining to the roadway where the accident occurred. He also found about $50,000 for J.B. through sources such as the Pennsylvania Crimes Victim Compensation Fund. He the sued the municipality responsible for the roadway. After retaining two experts he settled jointly with the young driver and the municipality for $325,000 bringing J.B.a total of nearly $375,000.
2003 - Allegheny County
Bicycle accident settled for $215,000.
2004 - Allegheny County
A fire case that we we would rather not set forth the facts of was settled for $525,000.
2004 - Allegheny County
We took over fire case which had been handled by at least 3 other attorneys over 16 years. We had no way to inspect the scene or hire a credible expert 16 years after a fire. The case, however, was settled for $445,000.
2004 - Allegheny County
Auto Accident Case settled for $75,000
2005 - Allegheny County
Auto Accident Case settled for $99,000
2005 - Allegheny County
Auto Accident Case settled for $115,000
2007 - Allegheny County
False Arrest Case settled for $15,000
2007 - Allegheny County
Auto Accident Case settled for $100,000
2007 - Allegheny County
Bus Accident Case settled for $99,000
2008 - Allegheny County
Auto Accident Case settled for $130,000
2008 - Allegheny County
Auto Accident Case settled for $252,000
2008 - Allegheny County
Premises Liability Case with questionable insurance coverage settled for $90,000.
2009 - Allegheny County
Auto Accident Case settled for $50,000
2009 - Allegheny County
Auto Accident Case settled for $35,000
2009 - Allegheny County
Premises Liability Case settled for $40,000
2010 - Allegheny County
Auto Accident Case settled for $45,000
2003 - Bucks County
An auto accident fatality that the insurance company chose initially to defend since it had 2 experts contending the accident was the fault of the deceased- the wife of our client. After extensive discovery and our retention of possibly the best accident re constructionist in the Philadelphia area as our expert, the case was settled for $1 Million
2006 - Chester County
Auto Accident Case settled for $265,000
2008 - Washington County
C.H. came to our firm with a $500 offer for cervical strain as a result of an auto accident. After months of negotiation case was settled for $25,000.
1998 - Westmoreland County
Robert E. Mielnicki, Esq. represented N.M. who was injured in an automobile accident. The party responsible had $100,000 in insurance coverage. The insurance company chose to play hardball since there was almost no damage to either car. After a somewhat lengthy jury trial for an automobile case, Attorney Mielnicki obtained a judgment for his client of $310,000. The insurance company ended up paying the entire amount since it offered no money at all to settle the case.
1998 - Westmoreland County
Auto Accident Case settled for $100,000
1998 - Steubenville, Ohio
Auto Accident Case settled for $200,000
1998 - United States District Court - Western Pa
Insurance Bad Faith Case settled for $100,000
2004 - United States District Court-Western PA
Civil Rights Case (malicious prosecution/false arrest) was settled for $50,000.
2005 - United States District Court – Western PA
Civil Rights Case ( malicious prosecution) settled for $ 25,000
2006 - United States District Court-Western PA
Civil Rights Case (excessive force) was settled for $65,000
2008 - United States District Court-Western PA
Civil Rights Case (false arrest) settled for $15,000
2009 - United States District Court-Middle District PA
FTCA (VA Negligence) Case settled for $400,000
Disclaimer: How much any personal injury client receives is impossible to predict. Such depends on the particular insurance company, the county the lawsuit may be filed in and in the event of a jury trial, the composition of the Jury.
MICHAEL P PETRO, ESQUIRE
CRIMINAL CASES
Allegheny County
2005 - Simple Assault - Withdrawn
2009 - Theft - Withdrawn
2009 - Theft - Withdrawn
2009 - Retail Theft - Withdrawn
2009 - Burglary - Withdrawn
Beaver County
2009 - Aggravated Assault - Withdrawn
2009 - Simple Assault - ARD
2009 - Burglary - Withdrawn
2010 - DUI - ARD, No Suspension
Butler County
2009 - DUI - ARD, No Suspension
Clarion County
2009 - DUI - ARD
WORKERS' COMPENSATION
2001 - $100,000
2003 - $155,000 - MEDICAL BILLS STILL PAID FOR
2004 - $175,000
2009 - $150,000
AUTO ACCIDENTS
2002 - Settlement of $125,000
2008 - Settlement of $40,000
2009 - Settlement of $25,000
2010 - Settlement of $25,000
NURSING HOME NEGLECT
2010 - Settlement of $50,000
PREMISES LIABILITY
2004 - Settlement of $95,000
2010 - Settlement of $35,000
PRODUCT LIABILITY
2009 - Michael P Petro is co-counsel on Vioxx case that reaches settlement
Call us today or come in and meet with us for a FREE consultation
412-288-0301
Competent Legal Representation
Pittsburgh, Pennsylvania
412-288-0301
Specialists in Criminal Defense
and Personal Injury Cases
Serving all of Western PA
Michael P Petro, Esquire
Family Law Attorney
Simple Divorce-$450
Includes Filing Costs
412-288-0301
Quick Contact Form: