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Theodore H. Swan Jr.
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Theodore Swan’s Answers

306 total


  • 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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  • 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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