Case Results
ROBERT E MIELNICKI, ESQUIRE
MICHAEL P. PETRO
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 16 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 The charges against F.R. were subsequently withdrawn.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.
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
1997- DUI - Bench Trial - Not Guilty
1998- Possession with Intent to Deliver –Suppression Motion Granted
1999- DUI - Jury Trial - Hung Jury
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
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- 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.
2006- DUI - Bench Trial - Not Guilty
2007- DUI - Bench Trial - Not Guilty
2007- DUI - Pretrial - Withdrawn
2007- Aggravated Assault (shooting) - Pre Trial - Withdrawn
2008
DUI-Pretrial-Withdrawn
2008 DUI-Bench Trial-Dismissed
BEAVER COUNTY
1997- Burglary - Preliminary Hearing - Withdrawn
BUTLER COUNTY
2000- DUI - Jury Trial - Not Guilty
CAMBRIA COUNTY
2007- Possession with Intent to Deliver - Plea Agreement, Probation
CLARION COUNTY
2007- Prescription Fraud - Pre Trial - ARD
INDIANA COUNTY
2005- Possession of Controlled Substance - Motion to Dismiss - Granted
LANCASTER COUNTY
1995- First Degree Murder - Jury Trial - Verdict of Guilty Third Degree
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
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
WESTMORELAND COUNTY
2003- Delivery of a Controlled Substance - Plea Agreement - House Arrest
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 Google 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. All of these cases involve results obtained after a lawsuit was commenced.
1997 - Allegheny County
Robert E Mielnicki, Esq. successfully represented an NFL Pro Bowl Player in a civil suit.
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-Steubenville, Ohio |
| Auto accident case settled for $200,000 |
1999 - Allegheny County
We cannot set forth the facts in detail about this auto accident case, but after extensive discovery was completed, a settlement for $325,000 was obtained for our client.
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 reconstructionist in the Philadelphia area as our expert, the case was settled for $1,000,000.
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-United States District Court-Western PA
A civil rights case (malicious prosecution/false arrest) was settled for $50,000.
2006-United States District Court-Western PA
A civil rights case (excessive force) was settled for $65,000
| 2006-Chester County |
| Auto accident case settled for $265,000 |
| 2008-Allegheny County |
| Auto Accident case settled for $125,000 |
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.
WORKERS' COMPENSATION
2001 - $100,000
2003 - $155,000-MEDICAL BILLS STILL PAID FOR
2004 - $175,000
AUTO ACCIDENTS
2002 - SETTLEMENT OF $125,000
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412-288-0300
Competent Legal Representation
Pittsburgh, Pennsylvania
412-288-0300
Specialists in Criminal Defense
and Personal Injury Cases
Serving all of Western PA
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