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Theodore H. Swan Jr.
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Theodore Swan’s Answers

304 total


  • Can you be charged with perjury if you lie in a Magistrate hearing?

    such as in support

    Theodore’s Answer

    Ms. Hazel is spot on. Don't lie in court whether under oath or not. The courts and the prosecutors office take a very dim view of this type of conduct. If the lie has already been done, contact an experienced criminal lawyer immediately.

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  • Dui 2nd offense with warrant

    I have a friend that has a dui. its her 2nd offense. the offense occurred June 2009. She has a warrant currently because she failed to show in court. she would like to clear this matter up. what would be her first step. is she looking at jail time...

    Theodore’s Answer

    My colleagues offer sound advice. She should follow it and contact an experienced DUI lawyer in the county where it happened immediately. Getting picked up on the warrant would only add to her problems. Jail and fines will be determined by the BAC level and or drugs in her system at the time.

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  • Can a judge find me guilty of intent to distribute a non-controlled substance, even though the meds are my anti-epileptic meds?

    A deal was set up in bensalem area, over the phone. It was for 200 oxycontin pills for $4000. I never had any oxycontin pills in the first place, and they searched my car and didn't find anything too. However, they're charging me with intent to di...

    Theodore’s Answer

    The short answer is "Yes, they can arrest you for this". Not necessarily having prescription medication that you legally possess in the prescription bottle. It is the other alleged activity that is the problem.
    This is serious business that requires the skill of an experienced criminal defense attorney. It is not something ignore.

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  • Could I be found guilty and given jail time for credit card fraud?

    My ex boyfriend gave his credit card information allowing me to use it to shop. I continued to use it after the breakup, as I wasn't sure it was a permanent breakup and thought his generosity was still there. Soon after, I found out he went to cou...

    Theodore’s Answer

    First, stop giving any more information on this site. Second, contact a very experienced criminal defense attorney where this happened so that he/she is familiar with the police, DA and judges. The short answer to your orher questions, depending on all the facts, is yes you could be convicted and if you have a prior criminal record, jail could be a possibility. Do not try to handle this by yourself.

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  • Hi My friend was caught for retail theft today and was given a non traffic summon.She has a clean record and is also a student.

    So she has to sign i plead not guilty or plead guilty in the summon cause she doesnot want this to appear in her records.She is not sure how sure this is going to effect her visa status and job status?IS there any way she can expunge this?

    Theodore’s Answer

    Here we go again Please tell your friend to stop relying on friends to get good information and proceed properly. She must plead NOT GUILTY and cintact an experienced criminal defense lawyer immediately. This could affect her life forever if she does this without qualified counsel.

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  • How do I know if I have a warrant for my arrest.

    The state police have contacted me to come to the station to "give my side of the story" in a criminal investigation. Is there a way to find out if they already have a warrant? I contacted an attorney who told me I should not go. He simply told...

    Theodore’s Answer

    Since you already have counsel, it would be inappropriate for another attorney to give you advice at this time.

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  • Iwant to fight a Case against a Mexican American company for cheating us.We wish to file a criminal case in Bensalem PA.

    Please advise the cost and if we can file case in Bensalem PA as we have already filed Money Suit in INDIA.

    Theodore’s Answer

    This does not belong in this practice area and there is no area that applies. With all due respect to the sender, this doesn't pass the "smell test". I would recommend that this post be deleted. If it isd a legitimate problem, then they must contact the Bucks County DA to inquire about a private complaint.

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  • Waive of arraignment

    If I waive my arraignment what will be the next process in my retail theft misdemeanor 1 case. Also, will I be able to get ARD and usually how long does ARD takes in order for someone to know if they are eligible for this break. This is my second ...

    Theodore’s Answer

    Another DIY. Mr. Myshin is absolutely correct. Get off this site and hire an experienced criminal defense attorney in the area where this happened. Please stop trying to represent yourself. It will only end up badly.

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  • Can I be charged as guilty?

    I was at a party and left a brief case with about an oz of weed behind a shed, when the parents arrived everyone left and the police were called. The parent then called my mother to arrive to the house and the police showed my mom the brief case a...

    Theodore’s Answer

    All of my colleagues have offered sound advice. Stop commuicating on websites and contact a local attorney who is experienced in the juvenile system where this happened. Better yet, both you and your parents should make this contact since it may affect the entire family.

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  • I totaled my car and got a dui. my gap insurance wont pay because of the dui. can they do that?

    I want to see what my legal options are

    Theodore’s Answer

    My colleagues are spot on. Do not try to represent yourself or you will have a "fool for a client" (old legal saying) Contact an experienced dui lawyer as soon as possible. The accident will undoubtedly complicate your problems with the dui. As to the insurance issue, read your policy.

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