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Steven Fisher Fairlie
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Steven Fairlie’s Answers

353 total


  • Detainer for FTA in Montgomery County

    My brother was arrested last week because he had a warrant in Philadelphia for FTA; we are paying the bail tomorrow for this issue and he will be, as the office states, 'done in Philadelphia' (he has a date for a new trail). Now, he has has a warr...

    Steven’s Answer

    Montgomery County will likely pick him up rather quickly as they make frequent trips to Philadelphia. He will then be brought to Miscellaneous Court in Norristown for a bench warrant hearing. If he has a reasonable excuse for failing to appear he will likely be released with no increase in bail. If not, then bail will be set. It is not likely to be high bail since the charge is a misdemeanor.

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  • In Pennsylvania can I serve time to pay for my fines

    is it true that in Pennsylvania I can work off my fines for criminal activity by doing time instead

    Steven’s Answer

    I see this frequently in our area (Bucks County and Montgomery County). However, I have never seen someone go to jail solely for this purpose. Usually, a client who is already in jail is given credit for time-served towards the fines and costs already owed. So in reality the bargain is illusory and the defendant isn't really giving anything up, but the courts do it to clear the more insignificant cases over the dockets.

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  • If i have a constructive possession charge that i was never convicted of and got the arrest expunged will i be able to get a gun

    I live in Pennsylvania. No criminal record other than what was mentioned above

    Steven’s Answer

    Legally a mere arrest resulting in acquittal does not prohibit gun possession. However, I have seen many cases of people who failed the state background check to purchase a gun due to a mere arrest - you then have to appeal that determination. So I think the answer is that you won't know for sure until you try. One more caveat - the state is arresting tons of people for minor discrepancies on the applications. Make sure you read every question carefully and understand it. Otherwise retain a good lawyer to advise you. If you are found to have lied on the form the potential penalties are as severe as those for robbery and can result in state prison sentences.

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  • Medical malpractice/wrongful death

    Thanks in advance for your advice. My mother died in the hospital the day before she was to be released. After having her medical records reviewed by the chain of command twice I have been advised I have a case, it can be proven they made many mis...

    Steven’s Answer

    The legal system is what jurors make of it. Right now jurors favor the doctors and hospitals and the vast majority of medical malpractice cases tried in Pennsylvania end up in defense verdicts. The lawyers do not get a dime in those cases, often after years of work and huge expenditures of money on experts. Thus, lawyers are not eager to take any but the best cases. The only way this will change is if the attitudes of jurors - the citizens of Pennsylvania - change.

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  • Am I looking a jail time?

    On probation with felony not related to DUI. Was stopped for car trouble and held in jail for 1.2 alcohol level. Released 2hrs later at .05.

    Steven’s Answer

    • Selected as best answer

    I think the other attorneys all gave you accurate advice about the facts that you face a possible violation of probation and DUI charges. I am writing just to make sure that you have a qualified attorney review the facts of the stop and make sure that there was probable cause for the seizure at the time you were seized (if the officer activated his lights or otherwise indicated that you were not free to leave) and probable cause to request the chemical test. My office is in Montgomery Township so I know that the Montgomery Township use Lansdale Hospital for blood on some cases and a breathalzyer on others. You should discuss this aspect with a good attorney as well. Steve

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  • 1 75 § 3802 §§ A1* M DUI: Gen Imp/Inc of Driving Safely - 1st Off

    this means its my 1st offense correct? also see below: Seq. Orig Seq. Grade Statute Statute Description Offense Dt. OTN 1 1 M 75 § 3802 §§A1* DUI: Gen Imp/Inc of Driving Safely - 1st Off 10/15/2013 L 819156-2 2 2 M 75 § 380...

    Steven’s Answer

    As the other lawyers have stated, this simply means that they didn't know about your prior (if you have one, which I assume is why you are asking) when they filed the Complaint. However, Bucks County always runs a rap sheet AND pulls a PennDOT record, which can show an expunged DUI from the last ten years, when they create a file. So the bottom line is that it is almost certain to show up.

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  • It's been 6 months since I was arrested for DUI

    I was arrested in Aug 14 I had 4 Preliminary court dates all rescheduled by the cop. The last one was Dec 14. I haven't gotten a reschedule date yet and its Feb 15. When I look it up online my docket sheet says Diposition-Dimissed Case-Closed th...

    Steven’s Answer

    You could call Judge Zaffarano's Court again, but I think you might want to let sleeping dogs lie. The prosecution only has one year from the date of filing of the complaint to try your case. As long as you haven't requested a continuance they are already nearing the time where you would not be likely to get a trial date before one year has passed as our DUI Court in Montgomery County is backed up right now. Further, it sounds like the case may already have been dismissed for good, although a dismissal at District Court does not implicate Double Jeopardy. Contact a good local lawyer who appears at that court regularly.

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  • How easy is it to get a possession of marijuana charge expunged in Philadelphia?

    Two years ago i was arrested for possession of marijuana and was charged with a misdemeanor. Recently, the charge of possession has been downgraded to a civil charge. What should i expect when going through this?

    Steven’s Answer

    If you were not convicted of a criminal charge then you are eligible for expungement and should hire a lawyer to do so to make sure that it is done properly. It is easy to make a mistake and then you would have been better off not doing anything.

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  • If one of my roommates keeps marijuana locked in his room, can i still be charged with constructive possession?

    My roommate is a bit of a pothead and keeps small amounts of marjiuana locked in his room and it never enters the common area can i still get charged with constructive possession?

    Steven’s Answer

    • Selected as best answer

    Yes. They would have to prove that you had the power and the intent to exert control over the marijuana - it would not matter if you actually ever did so, although the location and circumstances might help you to ultimately win the case. But they can charge under the above circumstances. The doctrine to research is joint constructive possession. There are lots of Pennsylvania cases discussing this concept.

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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...

    Steven’s Answer

    How does your mother know the marijuana is yours? Did she see you possess it or did someone tell her? If it is just the latter then her testimony would be hearsay.

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