S. Jamison Koehler's Answers

Pa officer did field test, took me to get blood test then took me back to my car and let me drive why would they do that?

The officer clearly thought you were intoxicated at some point during the stop. The results of the field test must either have confirmed this fact or been inconclusive, so the officer proceeded to the next step, which was to administer the blood test. You obviously passed the blood test or the officer would not have let you return to your vehicle. Instead, the officer sent you on your way with a mere traffic ticket. While I do not have any experience with traffic tickets in Pennsylvania,...

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Is it true that you can not quality for the pa ard program if you have a misdemeanor on your record.

Participation in ARD is discretionary with the District Attorney's Office. A prior conviction would, in most instances, preclude your son's eligibility, at least in Philadelphia with which I am familiar.

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Why would my case be reopened?

Unless the case was dismissed WITH prejudice (in which case it is more difficult for the prosecution to re-arrest and to re-charge in Philadelphia), the prosecution can always reinstitute the charges. Re-prosecution after a case is dismissed without prejudice is legal and possible, and unfortunately it happens all the time in Philadelphia. However, the officer's testimony at the first preliminary hearing will in fact stand. Your lawyer can thus order the transcript from the hearing for...

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When can charges be dropped/dismissed?

Yes. While I am not familiar with how the courts work in Pittsburgh, courts generally will give the prosecution at least a couple of court listings to bring its case. If the prosecution fails to do so, the court will dismiss the charges, usually without prejudice.

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What is the difference between harassment and simple assualt?

Simple assault is the more serious offense. Section 2701 of the Pennsylvania Crimes Code defines simple assault as either: (1) attempting to cause bodily injury to another person, (2) intentionally, knowingly or recklessly causing bodily injury to another, (3) negligently causing bodily injury with deadly weapon, (4) attempting by physical menace to put another in fear of imminent bodily injury, or (5) concealing a hypodermic needle and intentionally or knowingly penetrating a law...

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Aggrevated assault charges.

Aggravated assault is a very serious felony charge. You will need to hire yourself a good lawyer to represent you. If you cannot afford a lawyer, the court will appoint one to represent you. While I am not familiar with the district attorney's office in Chalfant, it is my experience that prosecutors will generally charge you with the most serious offense possible. They can always amend the charges downward or use the dropping of a more serious charge as a bargaining chip in potential...

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Is it possible to notify the court of my ex's past history with regard to DUIs? She has two now.

With access to FBI records, the prosecutor should be able to obtain your ex's criminal history without any help from you. FBI records generally show all criminal convictions, including convictions that have been expunged. If the prior conviction is outside the 10-year timeframe, it will not count toward a possible mandatory prison term but could be considered by the court at sentencing as a potential aggravating factor.

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Does my husband need an attorney to vacate a warrant for his arrest or can I go in his behalf and do it?

While I do not practice law in New York and am not familiar with laws of the state, it is a safe bet that you will not be able to handle anything on your husband's behalf. He might try to handle the matter himself, but faces the risk that he could be taken into custody when turning himself in. My best advice, I'm afraid, is to come up with the money to hire a lawyer. It is costly but it may save you greater costs and headache in the future. Your husband needs to handle this outstanding...

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What kind of theft is Stelaing a phone considered? will it affect my record

Stealing a phone would be considered theft by unlawful taking. If the phone was valued at less than $50, the theft would be a misdemeanor of the 3rd degree. If the phone was valued at $50 to $199, it would be a misdemeanor of the 2nd degree. And if the phone was valued at more than $200, it would be a misdemeanor of the 1st degree. If you are a first-time offender, you should be eligible for the Accelerated Rehabilitative Disposition (ARD) program or some other type of diversion program....

When arrested for DUI in Westmoreland County, PA, can the penalties be worse with adult passenger in the car than if alone

A judge can consider many things in deciding on a sentence, and the possibility that you may have endangered another person could be one such consideration. However, I think that it is extremely unlikely that a judge would accord much weight to this consideration at all. Your research was correct with respect to the child under age 14.