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Theodore H. Swan Jr.
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Theodore Swan’s Answers

304 total


  • Can a state parole officer place a state detainer on an inmate indefinitely and not notify the inmate of their status?

    My boyfriend turned himself in to a county jail to serve a summary offense for driving on a suspended license. His state parole officer placed a detainer on him. He served his 30 days and was supposed to be released on April 2nd. His parole office...

    Theodore’s Answer

    Mr Jones is spot on with his counsel and advice. Your boy friend (or you on his behalf) needs to contact an experienced lawyer who is familiar with the court, and possibility parole officer.

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  • Can the parole officer put my boyfriend in jail "just because of suspicion"? My bf is almost out of parole.

    There was never a problem with his PO. He actually gave him permission to travel for 14 days in December. Everything was fine. My bf was waiting to finish all this process to move in with me (overseas). All of the sudden, last week he was...

    Theodore’s Answer

    My colleagues Myshin and Jones have offered excellent advice and counsel. I suggest that you follow it.

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  • I recieved an underage drinking charge and I blew .00 twice and then blew .03 after about 30-45 minutes. Can I fight this?

    I am 19. Thinking the officer would not believe me if I told him I wasn't drinking I told him that I had a beer thinking he would cut us some slack for being cooperative more likely. Also they didn't inform us of our rights.

    Theodore’s Answer

    Of course you can fight these cahrges, but not by yourself. You are facing a hefty fine and a licnese suspension. Talk to an experienced lawyer. Most of us offer a free consultation before you would have to retain us. (Including me). Do not try to handle this without a lawyer,

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  • If you are being charged with the following charges 18 § 2701 §§ A1 and 18 § 3503 §§ B1I what could happen?

    Already scheduled for a formal arraignment.

    Theodore’s Answer

    Mr. Posa is correct. Anything can happen and you have not stated sufficient facts , including your criminal history if any, for anyone to answer your specific question. I will for the purposes of this question that you do not have an attorney. GET ONE and stop playing lawyer. Time is critical.

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  • With felony charges, can I do community service, pay fines/restitution, probation, and/or ARD?

    I've had a hearing (the one before the preliminary hearing) in district court in Montgomery Co., PA that went over the charges that are being brought against me for taking (out of pure despiration) $513, already giving back $145 to the plaintiff. ...

    Theodore’s Answer

    You have recieved good advice from my colleagues.. DO NOT PLAY LAWYER! Burglary is a very serious charge, especially in Montgomery County. Truth be told, ARD is probably a long shot at best, but possible. Continue to explore if you qualify for a PD or speak to experienced private counsel in Montco asap. The preliminary hearing is critical.

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  • At a preliminary hearing should you waive it or have it continued?

    I was arrested along with 32 others in an alleged drug ring. My charges are crazy. I'm guilty by association but that's it. I can't understand how they can charge me. Norristown, PA

    Theodore’s Answer

    First you must contact an experienced criminal defense attorney immediately. DO NOT WAIVE the hearing without the guidance of your lawyer. These are very serious charges that could mean many years in prison. If your preliminary hearing is coming up soon and you don't have a lawyer, request a continuance. Usually, the judge will grant you one to find a lawyer. Most criminal defense lawyers, myself included, will not charge you for the first meeting.

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  • Asked to be a confidential informant but something doesn't seem right

    I was pulled over because my tail light was out (which it wasn't). I was asked if I had any drugs on me and said no. The officer asked if I would agree to be searched. I complied. He found an empty bag in my pocket and proceeded to search my car....

    Theodore’s Answer

    Your situation seems to be coming more commonplace. And not just in Abington. Call a local Abington criminal defense attorney for a free consultation. Most of us, including myself, offer a free consultation which I suggest should be in person rather than just a phone call.

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  • 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.

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  • 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.

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  • 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.

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