George A. Heym's Answers

Retail Theft in PA, Chances of an ARD program

Generally, summary offenses are not put into the ARD program. However, there is a program called ASI which is specifically for first time retail theft offenders. In the program, you take classes and if you complete them the offense is dismissed. You should discuss this and other options with a local criminal defense attorney

1 person marked this answer as helpful

DUI investigation by 2 officers police reports inconsistent. Worth fighting?

While the law regarding supression varies from state to state - I can tell you that in PA I would almost certainly file a suppression motion based upon these inconsistencies. The officers would likely not have much credibility before the Judge. You should consult with an attorney in your area to review your case.

Selected as best answer

My boyfriend was on probation for a dui case and got new charges for robbery and aggravated assulat he now has a detainer

I would certainly need more information to be able to give you an idea of what he faces. On the detainer - which Judge he was on probation with would have a large impact on what happens. Frankly, if he is charged with Robbery and Agg Assault, the time on the DUI may be the least of his problems. You can call my office for a free consultation at 412-521-2628 and I will be happy to discuss all of the particulars with you.

I have received my second dui in Sept 11 and my third in Oct 11.

You should be aware that technically under PA law these would be your 2nd and 3rd Offenses. Its not clear from your question what your BAC was for the Oct. 11 DUI, but if you were in Tier III (BAC .16 or higher, Refusal, or Controlled Substance) you could be facing a mandatory sentence of 12 months. Therefore, the Oct 11 offense poses the most danger to you. As these are in two different Counties you cannot negotiate a consolidated plea for both. As noted above, an experienced DUI...

What does it mean if an officer says they going to get rid of all my drug charges when i get pulled over for a dui (drugs)?

Frankly, it may not mean anything. Sometimes police will only file the dui and not posession. However, You need to consult with an attorney in your area.

Non-Jury Trial?

In many counties the docket will list a case as a Non Jury even if it is going to be a plea. You should consult a local attorney for for info

What will happen as a result of failing a breathalizer while on a DUI house arrest?

I can tell you that in Allegheny County he would have his probation revoked as we have a shortage of house arrest equipment and probation has little patience for issues like this. You need to consult an experienced attorney who is familiar with your county.

ARD

As noted above, ARD is a pre-trial diversionary program and you do not have to plead guilty to enter the program. However, ARD can have an affect on future DUI charges. You should consult with an experienced DUI Attorney. You can call my office at 412-521-2628 to schedule a free consultation.

DUI

I agree with the above. You can call my office for a free consultation at 412-521-2628.

I got a dui in ohio 1.5 yrs ago and just got another one in pennsylvania is this my second offense in PA?

if you plead guilty or were found guilty this will be your second DUI offense under PA law. You can call my office for a free consultation at 412-521-2628.