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Theodore H. Swan Jr.
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Theodore Swan’s Answers

304 total


  • Cops are telling my brother to rat out people or he will be charged with drug possession

    My brother was pulled over. Cop asked for his license. Cop saw my brother had a license to carry and asked if there was a gun in the car. My brother said no. Cop asked if he could search the vehicle. Brother said sure. Brothers gf who he just drop...

    Theodore’s Answer

    My colleagues have given you and your brother some good advice... stop talking to the police and this website and contact an experienced criminal defense lawyer who is familiar with the court and police in Abington. Unfortunately, what you have described happens all too often in the "war on drugs". I along with most of my colleagues on this site will provide a free consultation.

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  • Is my PA Citation/Summons considered invalid? Information is missing

    Question #25 Nature of charge Speeding 41MPH Allowed 25MPH next to this is how the speed was tracked for the officer to check in the box. Options are Radar, Clocked, A.O.V. , ESP, Vascar, or Other but no choice had been selected is my ticket still...

    Theodore’s Answer

    This in and of itself would not be enough to invalidate a citation but may be one of other possible issues that may be involved. Consult with an experienced traffic attorney who is familiar with the police and court that the ticket was issed.

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  • I got a.r.d for child endangerment and it was expunged, (not showing up on pa state criminal check). Will it show on Act 14?

    I need to know if I will pass act 14 clearance before I I invest time and $ into an education. Thank you.

    Theodore’s Answer

    Mr. Bailey has offered an excellent opinion and sound advice. There are many websites that claim to provide records checks but are grossly inaccurate and out of date. They are typically not controlled by an expungement order unless you can identifiy the site and provide them with a certified copy of the Court Order. And even that may not resolve the problem.

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  • I live in pa and my p.o. said to come to his office to extend my probation what happens here will I go to jail

    I am off august 22nd but I owe 2500.00

    Theodore’s Answer

    Mr. Jones is offering you excellent advice. Talk to your lawyer as well.

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  • If a person is caught shoplifting but the store sends a fine from a 2nd party sends a fine what happens if the fines not paid.

    The shoplifter is detained in the store but instead of calling the police the store sends a fine out through a law firm. The cost of the merchandise was under $100 and the fine is for $196.

    Theodore’s Answer

    Once again, my esteemed colleague, Mr. Hood is correct. This so called civil fine is allowed by the PA legislature for retailers to recover the loss incurred by a shoplifter (guilty or not) and even if the retailer recovers the item(s) and subsequently sells it or them in the course of business.

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  • My brother opened my mail and withheld important traffic court papers from me, I now have a suspended license.

    All i needed to do was show the court I paid a ticket, the court said they would mail me court date. I never received it. I found out letter went to my mothers house where my brother lives. He opened it and called township and pretended to be me t...

    Theodore’s Answer

    Forget suing your brother. What are you going to get out of it? Does he have any assests you could possibility attach, even if you win. Your time, effort and money are better spent retaining a lawyer to correct the situation and get back your privileges.

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  • Hi I got arrested for a DUI and I am 17 but me and my parents don't have money for a lawyer I don't know what to do

    This is my first time getting arrested for a DUI

    Theodore’s Answer

    Mr. Hood is spot on as usual. Follow his advice.

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  • I got caught with a DUI for the first time at 2am I'm 17 so I wasn't even suppose to be driving will my punishment be worst

    I have got arrested before about lying about my last name but my record has been expunged

    Theodore’s Answer

    Good advice to talk with your parents/guardian. They and you must contact a local criminal defense/dui attorney who is also experienced in juvenile law. I am going to assume that this happened in Mongomery County or Bucks County. There are several issues that must be explorered.

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  • My friend was on house arrest, cut off his bracelet . he went on the run for maybe 2 months & wants to turn himself in.

    he just turned 18 . will they send him to jail? and how long

    Theodore’s Answer

    The answer to your question is "Yes", he will go to jail. GThe question is for how long. I suggest that he retain a criminal defense attorney who is experienced in the county and court where this happened. He can then make arrangements for his surrender.

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  • I got a DUI but when the cop arrested me he didn't read me my Miranda rights should I fight it or should I apply for ard

    Because I heard u have to apply for the ard before the court hearing and if u get it u won't have a court hearing and that's means I wouldn't be able to fight that he didn't read me my rights and I'm beyond positive he didn't read me my rights

    Theodore’s Answer

    First, it isn't always necessary for an officer to read someone their rights and is not a defense to the main charge. Please don't represent yourself but retai an experienced dui lawyer who knows what he or she knows the law and what they are doing.

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