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Theodore H. Swan Jr.
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Theodore Swan’s Answers

343 total


  • Can I request police video in PA?

    I was arrested out of retaliation because of pending civil litigation and now have been charged with something criminal. I have requested the video footage and have been denied by their attorney that is handling their civil case, but I am the now ...

    Theodore’s Answer

    Is there a question here? I suggest that you either retain a qualified criminal defense attorney to help you with this problem or apply to the public defender's office. It sounds like you are representing yourself in the civil and criminal case which is a very bad decision.

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  • How to fight without getting arrested? both parties content. (I'm sixteen)

    Both parties want to fight. No one will tell. Both are sixteen.

    Theodore’s Answer

    This is a ridiculous question that has no purpose here. Answer. Join the "Y" and take boxing lessons.

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  • Ticket issued by trooper 77 in 55. Fine $190 (I'm assuming 4 points too?). Pay up, or plead not guilty?

    Montgomery Cnty PA. Plead not guilty? No other traffic/moving voilations. Have heard that pleading not guilty and appearing may present possibility for DJ to decide to lessen mph and drop points (which to me is most important part as I otherwise h...

    Theodore’s Answer

    You have 10 days to respond to the citation. Make a copy of the ticket. Plead NOT GUILTY and send the citation and fine + $8 hearing fee to the District Court listed on the citation. Contact a lawyer who is familiar with that court in Montgomery County and traffic tickets. He/she should be able to help.

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  • Suspended License in Different State?

    Hi everyone, and thank you for your time. I recently got a DWI in New Jersey. My diving privileges in NJ are suspended for three months. This was a month ago. My home state (part of the interstate compact) has still yet to suspend my license...

    Theodore’s Answer

    Excellent answers from my esteemed colleagues Mr. Beck and Mr. Hood.

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  • Am I going to jail?

    I'm currently doing 24 hours of community service for retail theft through the ARD program for a situation that happened last year. I got caught allegedly stealing from a store this past weekend and will have to go back to court. I also had one Vi...

    Theodore’s Answer

    A great deal depends on the new charge(s). But, if the ARD is in Montgomery County, and the new charges are minor in nature, you will probably not be looking at jail. But, there are no sure things in this situation. Perhaps, this is something you should have worried about before you tried to"allegedly steal" something from a store. Apparently. you didn't learn much from the first retail theft.

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  • If you first refused, but then gave blood for DUI, can they still charge you highest BAC with failed implied consent?

    Was stopped on suspicion of DUI. Took me to hospital and at first refused blood test. Cop read me what would happen if I did refuse. I then said ok and they took my blood and he said I did the right thing. I found my court docket online and I'...

    Theodore’s Answer

    Mr. Hyde is correct. Bucks County has the "habit" of charging in a DUI case before they have the lab results. The charges get sorted out later. You may have another problem. If the police filed "refusal" documents with PennDot, you are looking at a possible 1 year suspension. You need to contact an experienced DUI attorney immediately.

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  • I got speeding ticket but name is wrong on the ticket. Who will this affect? Is a 3111A violation best break possible in PA?

    I got a speeding ticket under the offense Obedience to Traffic Control Device - 3111 A code section . Officer said he gave me a break as I was going "excess of 75 in a 55 mph zone". I just want to confirm this is in fact a 0 point viola...

    Theodore’s Answer

    3111a No points. Cop gave you a break. Plead guilty and pay the ticket.

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  • I am unsatisfied with my attorneys performance...since I already paid him...can I get someone else midstream

    I had minor misdemeanor charges that he said would be dimissed at Initial hearing....they werent...I basically gave him a 2 thousand dollar check and saw him 2 months later at a local district court...he never called me once....I called 3 times bu...

    Theodore’s Answer

    My esteemed colleague, Mr. Hood, as usual is spot on. You can certainly retain another attorney. Getting a refund may not be as easy.

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  • Who's the best attorney for Harassment Charges?

    I have been charged with Harassment (x3) for leaving allegedly leaving a voicemail or two on a former co-worker's voicemail. In one of the harassment charges it is a level 3 misdomeanor ( PA Statute 18 & 2709 && A4 (Lead) - Comm. Lewd, Threateni...

    Theodore’s Answer

    My colleagues are all spot on with their advice. Use the find a lawyer feature or search engine. Most, if not all, of the Montgomery County lawyers will provide a free initial consultation.

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  • Trial Question

    I was found guilty of disorderly conduct in abstencia b/c I had to work. Is there a way that I can see the minutes or what was said at the hearing?

    Theodore’s Answer

    My esteemed colleagues are spot on. Even if there was testimony, there would be no stenographic record.
    Make contact with an attorney who specializes in criminal defense. (Avvo would be a good place to look.)

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