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Theodore H. Swan Jr.
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Theodore Swan’s Answers

304 total


  • Question regarding driving under a DUI Suspension in Pennsylvania.

    I'm wondering if the judge has room for any leniency in the 60-90 day jail sentence. I am not familiar with mandatory. My boyfriend has a DUI suspension. One night I refused to drive home on a last leg of a long trip. I was sick and cranky an...

    Theodore’s Answer

    The judge has no discretion as to the penalty (jail time). The best way you can help him is to retain an experienced criminal/traffic attorney who is familiar with the court be it Bucks or Montgomery County.

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  • I Was Charged With A Disorderly Conduct Summons and am considering pleading not guilty.

    I Was Charged With A Disorderly Conduct Summons For "Creating A Physically Hazardous Condition Which Served No Legitimate Purpose By Taking Down A Stop Sign." However I Was Not Taking Down The Stop Sign, I Found The Stop Sign On The Corner Of The ...

    Theodore’s Answer

    Unless there is something else you haven't mentioned, you have nothing to lose by pleading NOT GUILTY. They have already assessed the maximum fine. You may want to consider retaining a lawyer to represent you.

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  • I was pulled over on RT422 today for speeding.

    I was pulled over on RT422 today for speeding. The trooper said I was going 80 on 55mph zone. He said he was following me for a while. No speed gun, no radar was used.... He issued a ticket 128.00, should I fight it?

    Theodore’s Answer

    Short answer is yes. Make a copy of the citation. On the original plead NOT GUILTY. Send the citation and a check for the fines plus $8 hearing fee. Call a lawyer who is experienced in these types of traffic cases.

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  • Will a DUI that was resolved with ARD and community service prevent me from getting a job in daycare in PA?

    I went through ARD.

    Theodore’s Answer

    It depends on who is hiring and the questions they ask you. If you successfully completed ARD in Bucks County, the charges will be automatically dismissed and your official record expunged. You will not have a conviction. The problem is that there are "third party" web sites that purport to research criminal records. They are usually inaccurate.

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  • How to obtain a lawyers win/loss case record? What would be the best source to get win/loss case records accurately & quickly?

    How can I find out how many cases my prospective lawyer has won vs. how many cases he has lost throughout his legal career ? Also, I would like to know what types of cases (EX: DUI's, Petty Theft, Drug Possession, etc.) that lawyer has had the ...

    Theodore’s Answer

    Mr. Walsh is correct. There is no "box score" for lawyers. Do you ask for a "cure" record from your doctor? If your prospective lawyer can give you such information, they are very inexperienced or less than honest. Either way, find another lawyer. Look for experience and ratings from peers and former clients and most important, what you think after meeting the lawyer.

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  • I was pulled over by a cop who saw my expired registration in his township, but he pulled me over in another township. Legal?

    I was inside a township adjacent to my own when a township cop saw my expired registration. He then followed me into my respective township (which I don't believe he has jurisdiction in?) and proceeded to pull me over. Once he pulled me over he ...

    Theodore’s Answer

    As usual, Mr. Klein is spot on with his answer and advice. Follow it.

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  • What will happen at my ARD hearing?

    This week I will be attending my ARD hearing for a DUI in Montgomery County. I have completed All the pre-conditions (Saftey school, CRN, Community service) and will have my license with me ready to turn in. The only condition I will not have comp...

    Theodore’s Answer

    I am judging by your question that you do not have a lawyer. That being said, you have received excellent advice from my colleagues. Follow it.

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  • How much do Probation Violaton attorneys cost?

    My husband is incarcerated for not reporting to his probation officer. He has been in there for a month, and I have heard his specific probation officer often leaves people in there for long periods of time and forgets about them. I am seeking out...

    Theodore’s Answer

    My esteemed colleague, Mr. Hood, is correct in all facets of his answer. I suggest that you start contacting experienced Montgomery County criminal defense lawyers and schedule a consultation. Unfortunately, a probation office can lodge a detainer, have a person incarcerated and do nothing to bring the case before the sentencing judge.

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  • I was caught by the security guard yesterday in Century 21 for stolen 2 items. about 39 dollars

    They took me to the back room and I let me sign some documents include my personal information such as my address, name, birthday, phone number, and also a form include what i steal, the total amount, and also a form about civil penalty. They told...

    Theodore’s Answer

    Mr. Rapa is correct. Contact a local, experienced criminal attorney. He/she will guide you as to what to do. Typically, anyone "charged" by the police with retail theft is finger printed and photographed. The paper with the law offices on it is really a collection "agent" that is used to extract a civil penalty from someone in your position.

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  • How likely will I be able to set ARD on M2 Retail theft in PA?

    I had a consultation with a lawyer yesterday because I am being charged with second offense retail theft. The first was a summary offense and this time is a second offense M2 retail theft.. The lawyer I spoke to yesterday said its a very good cha...

    Theodore’s Answer

    Once again, my colleague, Mr. Myshin, is spot on. Did you not like the advice and counsel of the attorney you spoke to?

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