Single car accident after drinking. Under 21 (18) and was not arrested but was given breathalyzer test and blood test at hospital. Most likely was somewhere between .01-.04 as a BAC but that is just my assumption since I wasn't immediately arreste...
Take a look at the United States Supreme Court case of Birchfield versus North Dakota from this past June. If you can get the blood test results suppressed pursuant to Birchfield then it is unlikely they will be able to show you were incapable of safe driving when you had such a low BAC. Have a good lawyer examine this issue as you will not be able to figure it out yourself.See question
I was charged with agg assault , but the guy said he didn't physically see me hit him , he went off the base of my voice , then he also said that he hit me first & also his statement changed from his Testimony also been tagging me in Facebook post...
I agree with Ryan Hyde. While the DA could dismiss the charges against you it is not likely that will happen unless you mount an aggressive defense with a good attorney. It may also be appropriate to have a good investigator working on your team.See question
I texted a girl with a CL and no indication she was a prostitute, only a phone #. She told me that I have to "pay to play." She told me her cost for different amounts of time. She then called me and asked what I was into and I naively told her....
Attempt only requires that you took a substantial step toward commission of the crime. An aggressive prosecutor might argue that making the phone call was the substantial step. While it is possible that you could be charged I don't think it is likely under the facts that you have relayed. Look in the news today where six men were just arrested in a similar sting at the Valley Forge casino.See question
No fine is written on the slips, I'm not sure how much I have to pay or how to do it.
Don't just pay the fine, as that will result in a conviction and suspension of driving privileges. Unfortunately the courts are not required to advise you of driving suspension consequences before you decide to plead guilty. These charges can sometimes be avoided, so hire a good lawyer and fight the charges.See question
I got a non traffic citation for disorderly conduct will that come up as a misdemeanor on a record?
Disorderly Conduct is in the Crimes Code in Pennsylvania. It can be graded as either a Misdemeanor or a Summary Offense. While many employers do not concern themselves with Disorderly Conduct convictions, there are plenty of employers (and schools) that do consider these convictions when making decisions. You would be smart to get a good lawyer, contest the charges, and if convicted, expunge the charges when and if you are eligible.See question
In April my Father was in a car accident in PA in which a personal injury claim was filed against him. The insurance company stated it sounds like a moderate impact, rear end collision, in which my father was at fault. The claim handler did not ha...
You may want to consider hiring a reasonably priced attorney to function as "excess counsel" and make sure that the insurance company doesn't try to save a few dollars by lowballing the injured party, which could then go to trial and in theory could recover more than the policy limits, opening up the possibility of exposure for your father's estate.See question
Hi I have a question I was placed on a ard program in Doylestown bucks county in February 2015 and it is over in December my question is if all the restitution isn't paid at the end will I have to go to jail beings though on the paper saying if fa...
You can be kicked out of the Bucks County ARD program if you don't pay restitution in a timely manner. As the other attorney mentioned, you might be able to get an extension of time if you show a hardship. There is an argument to be made that no one should be put in jail if unable to pay the amount - that would amount to a pauper's prison. I suggest that you do your best to earn the money and then if you are unable to, do your best to document your efforts to pay for the probation department.See question
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...
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.See question
is it true that in Pennsylvania I can work off my fines for criminal activity by doing time instead
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.See question
I live in Pennsylvania. No criminal record other than what was mentioned above
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.See question