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Andrea E. Mertz
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Andrea Mertz’s Answers

580 total


  • Facing a DUI Charge Does it make a difference I was blacked out drunk when given my blood draw at the hospital.

    I may have been functionally blacked out and do not recall giving consent nor the trip to the hospital nor my cab trip home.

    Andrea’s Answer

    If you would have refused, penndot would automatically suspended your license for 12 months. For the dui, because you refused, you would be treated as though you had the highest rate of a bac. Voluntary intoxication is no defense.

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  • Why are the 5th and 14th violated in a protection hearing?

    I was not able to defend myself during the hearing, judge hears just one side, why

    Andrea’s Answer

    If you are talking about the Civil Pfa hearing, the Fifth Amendment stops you from offering testimony that would be harmful to you in the sense that it would implicate you in a crime. The other situation arises where there is a companion criminal charge along with a Pfa petition. In that situation again you would not want to testify if what you say would hurt your criminal case. I usually continue the PFA hearing until after the criminal case schedule and finished.

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  • I od'd last month and received charges. There is a law protecting me from receiving any charges. How does this happen?

    Im currently on ard probation for dui and possession. This new law is called the good Samaritan Law and was passed in December 2014 so its not even a year old. It is to protect the person who is overdosing from receiving criminal charges.Did the p...

    Andrea’s Answer

    Unfortunately, Act 139 does not protect you from prosecution. The law protects a third party who attempts to help the person who od'd, not the od person. Sorry.

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  • I have a retail theft and conspiracy charge , so I have 2 charges for retail theft..Am I likely to face jail time ?

    I missed court and now have a bench warrant for my arrest . please help me with your answers

    Andrea’s Answer

    A bench warrant is authority for police to arrest you and hold you in jsil until you can face a judge. Hire an attorney and get that warrant stayed before the police find you.

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  • What is "entry of civil judgment" on docket sheet?

    I am on Ard for one year, I am making my payments on time and am not behind, can someone please tell me what it means on the docket sheet when it says " entry of civil judgement" And was filed 8/19.

    Andrea’s Answer

    I agree with mr. Hyde. Also after you pay all costs and fines, you will receive a praecipe of a satisfation of a civil judgment. This is the legal unstrument telling your future lenders that you paid your debt.

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  • My ARD has been revoked.

    Now what happens? What are the next steps?

    Andrea’s Answer

    You have to choose to take the matter to trial or accept a plea deal.

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  • If a person enters ard on one charge and there is another charge is it delayed during the course of the program ?

    Or what happens to it? Does it enter the program too? Is it dismissed? Does it proceed same time?

    Andrea’s Answer

    Your ard program will most likely be terminated and you will need to go to trial or plead guilty. The other case will follow normal court process.

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  • First time dui can I loose my lisence if accepted into the ard class

    No criminal background

    Andrea’s Answer

    It depends as Mr. Hyde stated. If there was an accident, the suspension even if middle tier or igeneral impairment. If you are under 21, the suspension will be 90 days.

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  • Should I hire a lawyer?

    Was charged with retail theft of a product worth $6.99. Went to preliminary when judge dismissed my case. Recieved a new court date...apparently the state picked the case up! This is my 2nd retail. First one I served probation for products totalin...

    Andrea’s Answer

    If this is your first offense as a misdemeanor, you may be eligible for a first time offender program that would result in an expungement of the charge. Contact an attorney.

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  • 20 yr old held for intoxication and bong with residue. Held in cell overnight. Probable outcome at arraignment?

    Underage drinking, disorderly conduct and bong with marijuana residue. Havertown police holding daughter in cell overnight. Won't allow parents to see her or allow her to make a phone call. Arraignment in the morning.

    Andrea’s Answer

    Hopefully, she is out of custody now. The bong is drug paraphernalia which is a misdemeanor. The residue is a small amount of mj, also a misdemeanor. For misdemeanors, she would require arraignment. Hire an attorney soon.

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