I agree with the other attorneys about the benefits of ARD for first time offenders. If this is a second or third offense, with substantial penalties (jail and license loss), a trial might be more attractive. The Commonwealth has to prove that you drove AFTER drinking. You would attempt to prove that you drank after driving, but still have to explain getting stuck. Your friend, the bartender, and anyone else who can support that theory will be necessary.
I agree. In Lancaster County, a summary offense would probably not lead to a violation.
The real question is whether you have an ongoing obligation to disclose any police contact to your probation officer in these last three days. That would depend on the conversation you had with your PO at your last interview.
No duty to disclose in handbook... do not disclose. ARD is not a conviction. Questions on applications should only ask if you've been convicted not charged. I can research osteopathic licensure Monday, if you care to call the office.
I agree with Attorney Keller and would add that the taking of firearms - handgun and rifle - have serious implications. Any theft of a firearm is a felony and could impact the sentence received. State prison has some very good programs, if he is eligible.
I agree with the other attorneys. Since you say this is the third in 35 years, we know one was 35 years ago, so it would not count for sentencing purposes. The real question is whether your second was within the last ten years. If so, this is a second offense, which implies jail time, parole, and ignition interlock. You should at least take advantage of a consultation with an experienced DUI attorney in your county.
Obviously this is an incredibly serious charge that you should discuss privately with an experienced criminal defense attorney. The facts and law surrounding accomplice liability and 'attempt' crimes are complicated and detail specific.
Cohen applies to a citation under 75 PACSA 3362, so i assume that is your citation. If the Officer has a speedometer that is certified and calibrated in conformity with regulations, and if he followed you for at least 3 tenths of a mile, that would be sufficient corroboration as well.
It is impossible to answer that question because there are so many factors - the strength of the Commonwealth's case, experience of the attorneys, the posture of the Court on last minute pleas (or trials). An experienced attorney in your jurisdiction can advise you - hopefully you have one.
Sometimes if you play the system, you pay the price.
You should definitely consult with a lawyer. Many criminal defense attorneys offer free consultations. The DUI will involve jail time, and a one year license suspension. You might also get charged with Underage Consumption, which has a separate 90 day suspension. The charges will most likely mean a Probation Violation on your paraphernalia charge. My county would still make ARD available for you even if you had a prior, and this would be most desireable.
A lawyer will also evaluate why...
One's criminal history is available, and increases the penalties for new charges, until one has stayed out of trouble long enough to apply for a Pardon.
I would think enough time went by on the IA charge to apply for a Pardon, but the drug charge sounds more recent. He should probably have at least ten years without charges to put him in a favorable position to ask for a Pardon.
There is more information about Pardons at the website link below.