Avvo.com Rated 10/10 Attorney, Avvo.com 5 Star Rating (68 Reviews)
2017 - Greene County, Attorney Robert E. Mielnicki
Criminal Attorney Robert E. Mielnicki was retained to represent D.E. in 2013 for DUI (5th or 6th offense). Attorney Mielnicki files a motion to suppress the results of chemical testing of blood taken from D.E. following his arrest. Said motion is denied and D.E. is sentenced to one year in prison. Attorney Mielnicki files a successful appeal (Commonwealth v Evans, 153 A.3d 323 (Pa.Super. 2016)). Upon remand, D.E. is offered a sentence of 5 days in jail with 6 months of probation, which he gladly accepted.
2016 - United States District Court, Attorney Robert E. Mielnicki
Criminal Attorney Robert E. Mielnicki was retained to represent J.T. who was charged with Arson (Malicious Destruction of Property). After a 4 day jury trial where nearly 200 exhibits were introduced, the jury returned a verdict of not guilty.
2016 - Cambria County, Attorney Robert E. Mielnicki
Criminal Attorney Robert E. Mielnicki was retained to represent C.N. who was charged with four (4) counts of Aggravated Assault, one (1) count of Assault by Prisoner, Resisting Arrest and DUI for his actions following his arrest for DUI. C.N. was on courtesy probation supervision at the time for a prior drug offense in Georgia and he was subsequently detained. At the preliminary hearing, Attorney Mielnicki had the Assault by Prisoner charge dismissed. He knew, however, that his client, due to being detained, would sit a long time waiting for trial. Attorney Mielnicki decided to file a motion to suppress certain evidence pertaining to the DUI based on an argument that, ironically, was accepted by the United States Supreme Court about a week after Attorney Mielnicki argued such to the Cambria County judge. He also filed a petition for writ of habeas corpus challenging three (3) of the Aggravated Assault charges. At the actual hearing on the motions, one of the police officers admitted that he was not assaulted and that charge was withdrawn. While the judge was deciding the rest of Attorney Mielnicki's motions, he reached a plea agreement calling for all the Aggravated Assault charges to be withdrawn. He then contacted authorities in Georgia and was able to convince them to release C.N. from the detainer. C.N. was then sentenced to time-served and released.
2016 - Allegheny County, Attorney Robert E. Mielnicki
Criminal Attorney Robert E. Mielnicki was retained to represent C.P. who was charged with a first offense DUI. C.P. simply could not afford a conviction or a license suspension. He was denied what is known as ARD, which would have resulted in a dismissal upon the completion of classes, due to an old and minor marijuana possession offense. Attorney Mielnicki, relying on a United States Supreme Court case â€“Â Missouri v. McNeely sought to suppress the .18 blood alcohol content of C.P. as determined by testing on his blood, by arguing that such was taken involuntarily. That motion was denied. During the non-jury trial, Attorney Mielnicki demonstrated that the arresting officer was cutting and pasting reports on his DUI suspects. The trial court asked for some time to think the case through. During that time, the United States Supreme Court decided Birchfield v. North Dakota which provided support for Attorney Mielnicki's argument that C.P.'s blood was taken involuntarily. Attorney Mielnicki quickly asked for reconsideration which the trial court granted. The trial court subsequently found C.P. not guilty of the two counts of DUI, one based on his blood alcohol content and one based on general impairment.
2015 - Allegheny County, Attorney Robert E. Mielnicki
Criminal Attorney Robert E. Mielnicki was retained to represent J.S. who was charged with Simple Assault and Recklessly Endangering Another Person. Specifically, a financial planner called 911 and reported that J.S. pointed a gun at him over some dispute over the financial planner pulling in front of J.S. A State Trooper pulled over J.S. about 10 minutes after the call and located a gun in his car. The jury deliberated for about 20 minutes before returning a verdict of not guilty.