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Bryan Eugene DePowell Jr.

Bryan DePowell’s Answers

35 total

  • Is the officer allowed to take my wallet and search it? Is there anyway for me to fight this?

    I was cited for underage drinking at a concert. The officer then patted me down and took my wallet out of my pocket and searched it without my consent and found a fake identification.

    Bryan’s Answer

    This has the potential to be a fairly complicated issue. I agree with my colleague, you need to consult an experienced criminal defense attorney.

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  • Can I obtain a government job with a general discharge under honorable condition

    I've been discharge from the military with a general discharge under honorable condition for failing my pt test will the discharge change to honorable

    Bryan’s Answer

    There is no "automatic" change to your characterization of service after discharge. Moreover, it is difficult to answer whether a general (under honorable conditions) discharge will have an adverse impact on your ability to obtain a government job as that question is highly dependent on the position for which you are applying. There are however ways one can petition to have their characterization of service changed. The standards that must be met are different depending on the board. Find an attorney experienced in discharge upgrade/records correction to help.

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  • What are my options?

    I was stopped by state police in Scranton, Pennsylvania for swerving they were only behind me for less than 20 seconds before turning on their lights. They suspected that i was under the influence which i denied and refused the field sobriety beca...

    Bryan’s Answer

    Pennsylvania is an implied consent jurisdiction. This means that when you get a drivers license you agree to consent to a chemical test of your blood, breath, or urine (officer's choice not yours) when the police can articulate a reasonable belief that you were driving under the influence of something. The burden placed on law enforcement to justify the request for a chemical test is very low thus having a lawyer, with the ability to communicate wth the police, involved in your case early can stop the potential suspension associated with the refusal. Also, if this is your first offense, there are programs that significantly lessen the impact that this arrest will have on your life. Frankly, if you called an attorney who told you to just sit and wait, I would find another attorney to call. I get much better results for my clients being proactive versus reactive. Good luck.

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  • Can u get out on bail when appealing verdict

    My brother in trouble

    Bryan’s Answer

    I agree with my colleagues here...Also, your chances for getting bail pending appeal are highly dependent on the underlying conviction. You need a competent criminal defense attorney to guide you through this process.

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  • My court docket says dui 1st offense it is my third within 10 years, can they use the prior dui's in court?

    I got a dui in February in PA. My court docket says dui 1st offense highest tier. It is my third dui within the last 10 years. Can the prior dui's be held against me?

    Bryan’s Answer

    Often times police file charges before they have the certified criminal history showing your prior convictions. The rules allow for the criminal complaint to be amended in cases like this so it's likely that this will be corrected moving forward. You definitely need to contact a qualified criminal defense attorney with particular experience with these types of cases.

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  • I am wondering if I am 18, and I was not breathalyzed, is it possible to get a UAD?

    I was at a party and it was busted, but no one was breathalyzed. We all received disorderly conducts.

    Bryan’s Answer

    I agree with the other posts, disorderly conduct is a much better alternative than UAD as it does not carry a license suspension. At any rate, no breathalyzer test is necessary to obtain a conviction for UAD in PA.

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  • .Is it posible or to do an appeal or a motion to reopen/reconsider? or a writ of mandamus in order to be granted citizenship?

    In 2006 I won greencarlottery and was denied visa saying that I don't have my high school certificate !even tough I had it but I had a french high school certificate andwhat they wanted to see is an Ivorian high school certificate ! in my case ...

    Bryan’s Answer

    This is a question best posed to a qualified immigration attorney. Good luck!

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  • WHERE CAN I GET A COPY?

    I HAD TOOK THE DUI CLASSES IN LUZERNE PA AND NEVER RECEIVED A CERTIFICATION TO RENTESTATE MY LICENCE

    Bryan’s Answer

    I agree with my colleagues on this...I would add that you may be able to get a copy of this from the Probation officer that supervised you during that period of time. Additionally, it is important that you confirm with PennDOT the specific reason they are not restoring your license. Many people are unaware that there is a fee payable to PennDOT to restore your license. Good luck!

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  • What am I looking at.....will I face jail

    On probation for theft got DUI also driving under suspension first DUI in 14 year . I blew a .108 waiting on blood work.

    Bryan’s Answer

    I agree with my colleagues...If your license is currently suspended related to a previous DUI you may have some significant exposure on that charge alone. With regard to the BAC concentration, there are ways to fight that but they would all require an attorney experienced with defending these types of cases.

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  • Can a detective pretend to be a criminal defense lawyer?

    I was just with a criminal defense lawyer but he seemed to know more about me before I said it. Could it be he is a detective and not a lawyer. He didn't give me a receipt after I gave him a retainer.

    Bryan’s Answer

    I agree with my colleagues on this...Remember that when one is arrested it generates a certain amount of public information typically available online that we as attorneys often review before meeting with clients. This is a practice I've gotten into so that we (the client and myself) can have an intelligent conversation about the case. Hope this helps.

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