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Theodore H. Swan Jr.
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Theodore Swan’s Answers

304 total


  • Do you have to go to a Pre-trial conference if you have been conditionally approved for A.R.D?

    I am scheduled for a Pre-trial conference on December 10th for a D.U.I, however today I finally recieved a letter from the DA's office saying that I have been approved for A.R.D conditionally and I have a court date Febuary 24th. Does this mean I ...

    Theodore’s Answer

    First, talk to your lawyer, if you have one. Typically you would not necessarily have to appear at the Pre Trial Conference. If you are not represented, I suggest that you appear in an abundance of caution. ARD is not granted at the Pre Trial Conference in Montgomery County. Montgomery County has a separate DUI court.

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  • I Have an Felony charge I cashed a 910$ check . I want to know since my PD told me I may be eligible 4 ARD what happens @ court

    So I went to the local court, waived my preliminary hearing, and didn't fill out a application for ARD in Bucks County, PA yet . I have a public defender who told me the day of the arraignment I will fill out ard paperwork , so I am a little confu...

    Theodore’s Answer

    Do exactly what your public defender tells you to do. You will still have to do the paperwork.

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  • In PA can any cop (local) pull you over on a state road? And if the cop gives you a ticket and the location listed on

    If the cop gives you a ticket and the location listed on the ticket is not where you were pulled over, can you fight it?

    Theodore’s Answer

    The answers to your questions are... yes and yes. My suggestion, hire an attorney who is experienced in traffic cases to help you.

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  • I got arrested with less then 5 grams of pot and this is my first offense what should I do

    this is my first offense what should I do im 19

    Theodore’s Answer

    my colleagues offer very sound advice. Monday morning call an experienced lawyer in the location where you were "arrested". Do not talk to the police again until you have done this. Depending on the department, the charges could be withdrawn, changed to a non-drug offense, or the small amount of MJ.

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  • I'm Not In Jail, I Want to Know At My Formal Arraignment Will I Be arrested if I Plead Guilty ?

    This Charge is in Bucks County PA , This is a Couple Charges But the Only One I Plead Guilty to is Cashing a Fraud Check , how should I go about this ? This is my First Charge Aside from when I was Younger and I Shoplifted , My Pulic Defender Said...

    Theodore’s Answer

    Listen to your public defender. You don't need anymore advice here. Good luck.

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  • My friend is on probation for dui and is now charged with 2701(a)(1), 2709(a)(1) and 3503(b)(1)(I). What can he expect?

    He drove to his Ex's house intoxicated and started an argument verbally beating her down with their child home, was asked to leave numerous times but refused. He got physical, the police were called and he took off on foot when the police arrived...

    Theodore’s Answer

    The short answer is, "most likely jail" consideraing the probation/parole violation as well as the new charges. He needs to contact an experienced criminal defense lawyer who is familiar with the local police and courts.

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  • My son, who is 16, was acting suspiciously when a Police Officer saw him by the side of the road and stopped to talk to him

    He had eggs in his possession, and the police officer suspected he was going to throw the eggs. When questioned and asked for identification, my son told the Police Officer that he was a minor and did not want to give out his name until h...

    Theodore’s Answer

    You basically have two choices. Retain a lawyer to look into your son's case or represent him yourself (never a good idea). My suggestion, hire an experienced lawyer for your son.

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  • Should I fight my citation?

    I was on the sidewalk outside of an underage party when an undercover pulled up and demanded us to sit down on the grass outside of the house. The officers stated we would all be cited for under age drinking even though they had no proof of who w...

    Theodore’s Answer

    Absolutely hire an experienced defense lawyer in the municipality/county where this happened. As stated by my colleagues, there are driving license issues at risk.

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  • I am very concerned and scared. I am on probation for small amount of marijuana, probation 1 year 12 hrs community service

    i was put on probation june 3 this year. Labor day this year a stupid event accord. I was with my ex girlfriend we had gotten into fight, she left with all of my things keys wallet etc i had been drinking. I got into my fathers vehicle which is pa...

    Theodore’s Answer

    Actually, you have been offered sound advice from the non-Pa lawyers and the PA attorney. Do not count on what you were told by the officer. The DUI will not go away under the facts as stated. I am curious as to how you are on a years probation for simple possession/ small amount of marijuana. In any event, you need to stop posting and contact an experienced criminal defense attorney who practices in Bucks County and Montgomery County.

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  • I was caught with about 7 to 10 bags of heroin I'm being charged with possesion can I get probation?

    I have a previous record but no possesion charges only possesion of paraphernalia. I'm not on parole or probation at this moment I just maxed everything out. I was clean for a long time and relapsed . I would like to have an idea of what can happen

    Theodore’s Answer

    My esteemed colleague, Mr. Hood, is spot on. Contact and retain an attorney who practices in Bucks/Montco Courts. Once you have done that, he or she can answer your questions more completely with all the facts.

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