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Bryan Eugene DePowell Jr.

Bryan DePowell’s Answers

26 total

  • Can a detective pretend to be a criminal defense lawyer?

    I was just with a criminal defense lawyer but he seemed to know more about me before I said it. Could it be he is a detective and not a lawyer. He didn't give me a receipt after I gave him a retainer.

    Bryan’s Answer

    I agree with my colleagues on this...Remember that when one is arrested it generates a certain amount of public information typically available online that we as attorneys often review before meeting with clients. This is a practice I've gotten into so that we (the client and myself) can have an intelligent conversation about the case. Hope this helps.

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  • How do I go about defending my son who was charged with viewing and having child pornography on his computer?

    He is 18 but charged as a juvenille. This occurred at 16 and 17 yrs. They want to charge with 2 felonies two's. He was recently diagnosed with ASD Autism Spectrum Disorder. He didn't know this was wrong until I found it and told him it was. ...

    Bryan’s Answer

    These are obviously very serious charges. I believe your best course of action is to find an experienced defense lawyer immediately - also I would not post any additional information regarding your sons case. Good luck.

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  • With regards to the PA 600 rule, does filing a decertification hearing put a "freeze" on the time clock?

    My 16 year old son has been incarcerated for over a year now for a homicide where there is little if any evidence pointing against him. Majority of evidence falls on the other 2 codefendents. We have not been to trial yet; he has not been Mirandiz...

    Bryan’s Answer

    I agree with my colleagues. You need an experienced Attorney to help you with a complete calculation under rule 600. Also remember that our Superior Court has been reluctant to uphold cases where charges were dismissed based upon Rule 600 violations. The mindset of the court seemed to be weighing the dangers to society posed by possible dismissal against the judicial interests in granting such a dismissal. Thus often times we see courts ruling these to be judicial delay which is not a delay attributable to the Commonwealth. Either way, rule 600 can be very complicated to sort out. Good luck.

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  • My question is if new charges get thrown out will he still be violated by parole office?

    a family member is in lehigh county prison on new but false charges. I f we can get those charges thrown out will he still go upstate because he was on parole.

    Bryan’s Answer

    Potentially, any contact with the police related to an arrest, even if not convicted, can still be a technical violation. You need to consult with an experienced and qualified Criminal Defense Attorney.

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  • How much trouble is he looking at?

    My adult son is looking at DUI/DWI charges, tho nothing has been officially issued yet, he has been informed after the investigating is finished he will be charged in the incident. He was in a car crash where the car he hit fled the scene and stil...

    Bryan’s Answer

    I agree with my colleagues...the fact that there was an accident could be potentially disqualifying for ARD...you need a competent attorney to fight on his behalf.

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  • What are ALL the minimum and maximum penalties I face for a DUI Controlled Substance Schedule II or III - First Offense on ARD?

    Will any of the following be helpful to the judge in considering my penalties? Have an illness & a letter an expert in the field explaining to the court that other causes of the swerving relating to the illness were not ruled out. ...

    Bryan’s Answer

    Just to add to my colleagues, you would also be required to complete the Alcohol/Safe driving course (12 hours) and likely something called a victim impact panel (usually about 2 hours). Additionally, depending on the jurisdiction, you may have a community service requirement and D&A evaluation. It's best to hire a knowledgable and qualified attorney to guide you through this process. Good luck.

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  • Do I have an arrest warrant? Does police search for warrants in traffic accidents?

    Last year I took a construction cone from a parking garage with a security camera. It was the only thing stupid I've done because my friends dared me to do it. It's been a complete year and I haven't heard anything. I also passed a job backgrou...

    Bryan’s Answer

    I agree with my colleagues. It's unlikely there was a warrant issued. You would have know it when you have your info to the police.

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  • What should I filed to get a charge drop,because the victim didn't give enough evidence to push it over.

    The female said she never seen my penis ,she don't know if my penis was hard or soft,she guess I might had put my penis though my boxes hole in penetrated her virgina 2 to 3 centimeter. So how can I get charge with rape if she don't know what wen...

    Bryan’s Answer

    I agree with all my Colleagues...You absolutely will be taking a giant risk if you don't get a lawyer now...

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  • Missed appeal hearing

    my son missed his appeal hearing, and the judge dismissed the appeal and sent his case back to the DJ for execution of sentence .this is a criminal charge for driving on a suspended license. He got the days mixed up. He took off work for tomorr...

    Bryan’s Answer

    I agree...a Motion to Reconsider would be his best avenue and an experienced Attorney would be able to do that on his behalf. Remember that time is a big factor so be proactive. Good luck.

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  • I got a DUI, pulling out of the methadone clinic. I passed the sobriety test and was still taken for blood work? Help.

    I also had marijuana in my system from weeks prior. The police officer also was very prejudice and told me a lot of things that he shouldn't have. Is their anyway, I can beat this case?

    Bryan’s Answer

    I agree with my colleagues...You have issues you can raise but you need to hire an experienced criminal defense attorney to help you with this case. Good luck.

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