Skip to main content
Theodore H. Swan
Avvo
Pro

Theodore Swan’s Answers

297 total


  • Can they charge me with a dui if I was fleeing some one trying to kill me?

    I'm in Pa. I was charged with a dui after I recieved a beating so horrific by my boyfriend that I had 2 broken vertebrae and I was hospitalized. My boyfriend and I had gone out and had some drinks. We came home and his bipolar kicked in and he st...

    Theodore’s Answer

    My Pa colleagues are correct, You can be charged and under certain circumstances there may be a defense. I noticed that you are in Hatfield PA so I will assume that this happened in Montgomery County. You should contact an experienced lawyer in Montgomery County who knows the police, courts and District Attorneys. Do this asap. Time is always a factor. Most of us will speak with you at no charge for a first conference.

    See question 
  • Is there any possible defense for criminal trespass?

    Someone was told not to do something on their college grounds out of concern for their safety by a public safety officer. Person did it again and was caught again. Person was then cited for criminal trespass. Is a defense even possible?

    Theodore’s Answer

    There is always the possibility of a valid defense. But for future consideration, the best defense in the future is for "someone" to grow up.

    See question 
  • Am I looking a jail time?

    On probation with felony not related to DUI. Was stopped for car trouble and held in jail for 1.2 alcohol level. Released 2hrs later at .05.

    Theodore’s Answer

    Short answer is probably "Yes" for a VOP and the DUI As suggested by my colleagues, retain an experienced attorney for both problems to minimize you exposure.

    See question 
  • Got a $170 total fine for "Disregard Traffic Control Device". I however dont think that that amount is correct.

    I got pulled over the other day in North Wales, PA for actually doing 42 in a 25. However he said he was going to cut me a break and issue a no points disregard traffic control devices ticket. However years ago I got a similar ticket but that one ...

    Theodore’s Answer

    Mr. Klein and McKenzie are correct. Pay the ticket. (with all due respect to the other answers)

    See question 
  • I was charged with a summary offense of retail theft worth of 70 dollars. I was fingerprinted and this is my first offense.

    I never had any prior arrest nor any other crime What are the possibilities of the outcome ?

    Theodore’s Answer

    First, respond to the citation and plead NOT GUILTY. I believe the court is on Henderson Rd. Contact an experienced criminal lawyer who is familiar with the police and Court in King of Prussia. There may be ways to avoid a conviction for retail theft but only if you work with someone who has handled this type of situation before with success.

    See question 
  • Is it illegal to be in possession of a fake 100.00 bill

    my son was searched at shool and he had a crumbled up fake 100.00 bill in his backpack

    Theodore’s Answer

    State an federal authorities including the Treasury Department, take a very dim view of even possessing a counterfeit bill, crumpled or not. You have been given good advice my my colleagues. Follow it.

    See question 
  • My brother's lawyer is not being timely when filing a petition for time served to change his minimum for house arrest.

    My brother served 3 months for probation violation for a 4th DUI and at sentencing the judge gave him a year in jail with time served. It was not noted on the sentencing sheet so we contacted his lawyer to petition for time served, but his lawyer...

    Theodore’s Answer

    Mssrs Hood and Myshin are, as always, informative and correct in their advice. Perhaps the laboring oar in this should be the person with a problem, not a family member.

    See question 
  • What will be the most likely outcome and/or consequences.

    I am currently on felony parole served 4 months, i violated after a year with a new m3 case theft, i was incarcerated for two months and released on the pre-trial program. Im 21 years old honors grad from high school. I got enveloped in heroin and...

    Theodore’s Answer

    Once again, my esteemed colleague, Mr. Myshin, is spot on with excellent advice. Follow it and good luck

    See question 
  • My 17 year old overdosed on heroine and is being charged with constructive possession

    On Sunday" my daughter overdosed on heroine. The police would like to "get" her boyfriend and want her to" roll" on him. They told me they are charging her with constructive possession but the DA and judge will be softer if she talks. They woul...

    Theodore’s Answer

    Time is critical here. You must contact an experienced criminal defense lawyer who is familiar with Bucks County and Bensalem PD. Many such lawyers do offer free consultations, including myself. Do not have your daughter talk to the police until she confers with a lawyer

    See question 
  • Postpone Traffic Trial Date

    I was caught with driving without license in PA. I am a foreigner so I was not able to get a driver's license during my change of status period, however, I am legal to stay in the U.S. I had a foreign license from another country, but didn't bring...

    Theodore’s Answer

    Both of my colleagues are offering sound advice. You would do well to follow it. I suggest that you retain an experienced traffic lawyer in the county where the ticket was issued.

    See question