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Shawn Michael Curry

Shawn Curry’s Answers

114 total

  • How long must I wait to expunge a misdemeanor 3 in Pennsylvania for a false report charge?

    I pled guilty and received 6 months probation and the case was closed

    Shawn’s Answer

    Currently, an "expungement" is not available for an adult "conviction" for a misdemeanor or felony. A "conviction" results from a guilty plea or finding of guilt by a judge or jury.

    Based on the information provided, this seems to be the category you fall in and, thus, would not be eligible for expungement. However, most people use this term broadly to define their goal to get the conviction removed from their record. Depending on a number of circumstances, you might consider a pardon, which is a different vehicle to achieve a similar result.

    Ultimately, if you want to explore your options, you should consult directly with a criminal defense lawyer in a confidential setting.

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  • Does anyone know of any lawyers in the Harrisburg PA area that take payment plans for DUI defense

    Looking for a lawyer in area who can take a down payment and payment plans for defense attorney in DUI case.

    Shawn’s Answer

    Evaluating and absorbing the costs associated with retaining a Harrisburg DUI Defense Lawyer can be an overwhelming experience. To that end, your question regarding payment plans is a reasonable one.

    However, at the heart of your question, the real issue is one of value. You are looking to secure experienced legal counsel who is cost-effective and can effectively advance your interests. You do not want to compromise one for another and finding an attorney who meets both criteria can be difficult but not impossible.

    It will be important for you to consult with a lawyer to determine whether you can work together with this goal in mind. It will require an individualized assessment of the facts of your case and your personal circumstances.

    You should contact a Harrisburg DUI Defense Attorney immediately by phone to address these issues in a confidential setting.

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  • What are the chances I'll do 90 days in jail for first dui?

    I have no prior misdameanor or felony conviction s. I had a bac of 1.8 and 5 nanograms of thc in my system. I was told the most I was looking at was 3 days in jail if I didn't get ard (which I was told was likely). I'm really scared now because m...

    Shawn’s Answer

    With no prior criminal history, you should only be facing the 3 day mandatory minimum jail sentence if you do not receive ARD.

    This may have been a breakdown in communication. For example, in an effort to deter you from more problems in the future, a driving school instructor may explain that if you received a Second Offense, DUI based on the combination of drugs and alcohol, you would then face a minimum of 90 days in jail. Additionally, if you are a minor and receive ARD, you would be subject a 90 day license suspension specific to the DUI.

    Ultimately, the best way to resolve any confusion is to consult with an experienced PA DUI Defense Lawyer and review your case in a confidential setting. Good luck.

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  • Can I get kicked off ARD probation if I was arrested but believe that I can get the charges against me dropped?

    I was put on the ARD program for a retail theft charge. I am very close to finishing this program. A few days ago, I was arrested for a drug charge. I was hanging out with the wrong person who had drugs with them in my car. They arrested both of ...

    Shawn’s Answer

    The filing of a new criminal charge can certainly lead to your removal from the ARD Program, as a new charge without a conviction can be the basis for a violation.

    The fact that you have been charged cannot be changed. However, you control how you respond to it. The best way to protect your interests and control the outcome on both the new criminal charge and the potential violation is to get a criminal defense representation for your Preliminary Hearing.

    In the meantime, you should not post any further details about your case in this forum (or any other social media platform), as it is not a confidential setting. You should immediately contact a criminal defense lawyer for a phone consultation.

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  • In PA, is it legal for police to enter a home in response to a tripped alarm system?

    No one was home, but the front door was accidentally left unlocked. door to the garage tripped the alarm.

    Shawn’s Answer

    While it may be lawful for the police to enter a home incident to an alarm, the entry and any search should be limited in scope. The lawfulness of any search upon entry would require a fact-specific inquiry.

    Ultimately, the basis for your question must relate to a desire to seek some specific remedy. For example, if criminal charges are filed incident to the search, you may be looking to see if the evidence is legally seized or obtained by the police.

    You should not provide any further facts in this forum, as it is not a confidential setting. Instead, you should immediately contact a lawyer who focuses on criminal defense and has experience handling cases in the county in which the incident occurred.

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  • Help w a driving under a suspended license which was up in three days?

    I was pulled over last night in the way home from work. It was a new job that I had to get due to my hours being cut back to 18/wk due to universal healthcare. Older job (still employed there) is walking distance. New job is not. I had to drive be...

    Shawn’s Answer

    You appropriately recognize the significance of the short and long-term consequences you face. You have also taken a step in the right direction by reaching out for advice from an experienced attorney. However, you should not discuss any further details of your case in this forum because it is not a confidential setting.

    The best way to explore potential defenses and other options is to immediately consult with a lawyer by phone, as you reference multiple factors that could 've beneficial.

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  • If I am found not guilty on Conspiracy to retail theft will my possession charge as a result of the conspiracy arrest be dropped

    Was recently charged in PA for conspiracy to retail theft, possession controlled substance & paraphanalia. I was with my brother who decided to steal after we were already in the store. I bought a DVD for my niece and nephew as well as a soda. He ...

    Shawn’s Answer

    The answers previously provided are all on point.

    You should immediately consult with an experienced Dauphin County Criminal Defense Lawyer to determine whether you may be able to challenge your arrest and the subsequent search.

    If you have not had your Preliminary Hearing, you should seek counsel prior to that time. In Dauphin County, there should be a prosecutor at that hearing, which will present an opportunity for negotiations. It will also offer an opportunity to have a hearing where your attorney can cross-examine witnesses and build a record for your defense.

    Contact a Harrisburg Criminal Defense Attorney immediately for a consultation.

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  • How long will his minimum be ?

    If my boyfriend is being charged with one count of unlawful possession of drug paraphanelia and a manufacture with intent to sell charge and hes been in county prison for a year in 8 months .. he still has sentencing so if he gets a 3-6 and is eli...

    Shawn’s Answer

    As Attorney Jones has suggested, if your boyfriend has counsel, he should address this issue with his attorney.

    However, a RRRI minimum should be 3/4 of the original minimum sentence where that minimum is 3 years or less. Otherwise, the RRRI minimum should be 5/6 of the original minimum sentence.

    In a case where the original or true minimum sentence is 3 years, the RRRI minimum should be 27 months.

    As previously indicated, the specifics on sentencing, RRRI, and the application of the same should be addressed with your boyfriend's attorney directly. If he does not have counsel, he should seek the representation of an experienced criminal defense lawyer immediately.

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  • My mom was just charged with forgery. What do I do? I have no experience with this at all.


    Shawn’s Answer

    Attorney Jones has provided you sound advice on how to proceed moving forward.

    If you have not done so already, you should contact a Harrisburg Criminal Defense Attorney immediately for a free initial consultation.

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  • How much time does possession of 50 bundles of dope carry being this your first offense?

    During a search of a property the police found 50 bundles of dope within the home not on anyone just within the home. A person was arrested however the only thing they found on the individual was a bag of marijuana. The cops still arrested the i...

    Shawn’s Answer

    Your question presents multiple issues that will require a consultation with a criminal defense attorney in your area. You should not post any more specific facts in this forum, as it is not a confidential setting.

    That said, let's generally address a few of the issues you have presented.

    First, the police can charge and prosecute a person for a drug offense if they have probable cause or some evidence the person charged may have committed the crime. This does not mean that they can necessarily prove the case beyond a reasonable doubt or that all of the evidence was lawfully obtained (i.e. - the home was searched pursuant to a valid warrant or consent).

    As has been suggested, although the person charged with (presumably) Possession With Intent to Deliver did not have the drugs on his/her person, the police can charge someone under the theory of constructive possession. This will require the prosecution to present evidence that this person had the intent and power to control the drugs. There are any number of factors that could come into play. For example, the person charged may have been the target of the investigation or search incident to a recent drug delivery; or the drugs may have been found in close proximity to the person charged along with circumstances suggesting that person placed the drugs in the place they were found. As suggested earlier, a comprehensive analysis of this issue must be completed by an experienced drug defense attorney during a confidential consultation.

    Next, the penalties the person charged with the drug crime can face will be based upon a number of factors.

    Based upon the number of "bundles", it would appear the person is charged with Possession With Intent to Deliver (PWID), as opposed to Simple Possession. If so, the person is facing a felony drug crime (not a misdemeanor) and, thus, the general penalties will be higher resulting in an increased likelihood of jail if convicted.

    The drug is also important. Since your reference "bundles of dope," it would appear the drug is heroin. Additionally, the number of bundles, "50", indicates a measurable weight. Both of these factors are important because there are mandatory minimum sentences for felony drug crimes under Pennsylvania law. The minimum threshold to trigger a weight mandatory for heroin is one (1) gram. If this is met, the person is likely facing a state prison sentence if found guilty. The actual mandatory minimum sentence the person faces will based upon the actual weight and whether the person has an prior felony drug convictions.

    Finally, in addition to any potential weight mandatory minimum sentence, the person could also face school zone mandatory or enhancement depending on the location of the home where the drugs were found.

    Your inquiries here are a good start. However, it is imperative that the person charged immediately consult with a qualified attorney.

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