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Scott A. MacNair
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Scott MacNair’s Answers

23 total

  • Is this a bad thing?

    What does this mean 'speedy sentencing waived'

    Scott’s Answer

    The Rules of Criminal procedure require that you be sentenced within 90 days of your guilty plea or conviction. However, you can waive that requirement and agree that the court has a longer period of time to sentence you.

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  • What hapens if you don't complete community service hrs.

    Being charge with hindering apprehension

    Scott’s Answer

    If you were placed on ARD and you do not complete community service hours, your ARD will likely be violated and you will have to enter a plea or stand trial for the original charges. If you are on probation or parole, your probation officer will likely violation the probation or parole. They may give a brief extension for you to complete the community service, but you should try to complete it as soon as possible.

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  • What can happen if community service hrs and fines not completed in time?

    Hindering apprehension/ ard

    Scott’s Answer

    Ordinarily, if your community service hours and fines are not completed in time, your probation will be extended. However, that is only likely to happen one or two times before the probation officer files for a violation. If this is an ARD situation, your ARD can be extended, but it will only usually be extended for a brief period.

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  • How do I get a new lawyer?

    What would he get out of settlement and would it make things take longer? He is not aggressive enough and not informative.

    Scott’s Answer

    If you are dissatisfied with your current attorney, then you should contact a new one. Many attorneys offer a free consultation and can often get involved with your case quickly. All lawyers are ethically required to communicate with their clients about matters involving a client's case. If you are not being properly informed of what is happening with your matter, you need to obtain a new attorney.

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  • Can a Judge use a previous pwid arrest but no conviction for aggravating circumstances in a new pwid case at sentencing?

    .

    Scott’s Answer

    The prior PWID that did not result in a conviction can not be used to calculate your sentencing guidelines. So, usually it is not something that a judge is even aware of at the time of your sentencing hearing. If the District Attorney raises it, your attorney should object on the basis that you were not convicted. My answer assumes that the previous case was dismissed or you were found not guilty. If it is still pending, my response would be different.

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  • Will Pennsylvania ARD appear on my criminal background check (FBI) and if so, how does it appear?

    In December 2009 I was arrested, I was placed on ARD in March 2010 and completed my requirements (probation, community service, and fees) in 2011. I have not yet had it expunged, as the process is costly, and I have not had the monetary resources ...

    Scott’s Answer

    It is likely that your ARD will appear on your FBI Criminal History. Unless the ARD gets expunged automatically by the county or you petition for an expungement and get a court order expunging the matter, it will likely remain on your record. The expungment process is not terribly complicated and is normally not all that expensive. So, I would recommend pursuing a petition for expungement.

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  • I am on non d.u.i. ard program . The roommates I live with have alcohol. Will this get me in trouble? I don't drink. They do.

    The rule says. " do not use alcoholic beverage. You are not to enter places whose business is primarily the sale of such beverages. Abstain from the possession,use or sale of narcotics and other illegal drugs within the meaning of the Controlled S...

    Scott’s Answer

    It is unlikely that you will get in trouble for your roommates alcohol. As you have described it, there is no specific prohibition against merely possessing alcohol. You just can't use it. Plus, ARD is not a reporting probation. So, it is unlikely anyone will ever check into what is in the apartment.

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  • I received a DUI in Pennsylvania roughly an hour away from the university I attend roughly a year ago. Will my school find out?

    I received it almost a year ago, I have not heard anything from my university. I'm halfway done with completing probation and ARD with no issues at all so far. Will my university somehow find out about this? They haven't contacted me in regards to...

    Scott’s Answer

    It is unlikely that the University will find out about your ARD at this point. However, if you have mandatory reporting requirements, be sure to comply. Hopefully, you will merely earn the dismissal of the charges by completing ARD and then have the charges expunged without the university becoming aware.

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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...

    Scott’s Answer

    It is not likely that you will have to serve more than 72 hours in jail and you may be eligible for ARD, which would avoid jail altogether. Whether you receive ARD will depend on what county you committed the DUI in and what the eligibility criteria for ARD is in that county. Most District Attorney's Offices will approve ARD, if this was a first offense, there was no accident, you had a valid license and valid car insurance and you did not have a child in the car. Good luck!

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  • A family member was charged with DUI, a friend recommended ARD for first offense. Do I need a laywer for this?

    A family member was recently charged with 75 § 3802 §§ D2* (DUI) and 75 § 3309 §§ 1 because he accidentally took too much of his prescribed medication. We have not received anything in the mail yet but on PA state website it says "Awaiting Prelimi...

    Scott’s Answer

    You should recommend that your family member hire an attorney. The ARD program is different in every county and the eligibility criteria is also different in every county. An attorney will be able to assist with the application process and appropriately discuss the issues with the District Attorney's Office.

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