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Andrea E. Mertz
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Andrea Mertz’s Answers

627 total


  • If my public defender will not communicate with me when I go for my hearing can I ask to be able to get different council?

    I was arrested March 29,2016 for a first offense DUI. At my preliminary hearing I was given a court appointed public defender. I am suppose to be taking my ARD. In this time, I have never been able to reach my public defender and we have never had...

    Andrea’s Answer

    Your only option is to trust and appear at all hearings or hire an attorney privately. Many times you will only speak to the pd at your hearings in ard cases. Keep up with what you need to do for ard and you should be good.

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  • How can I get ASI?

    I got a citation in the mail for retail theft. All I have to do is make a call and pay over the phone. Since I'm not going to be in court, who do I ask about getting ASI to get it removed from my record?

    Andrea’s Answer

    Call the local Magistrate and ask. The name of the magistrate should be on the top of the citation.

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  • Can I get the ard program for my first dui

    I pulled in parking lot because I was fringe to much was feeling down lost dad and job this past job I found a job and working agin I have clean record never been arrested clean driving record my bac was .16 plmk thanks

    Andrea’s Answer

    It is entirely possible and probable so long as you did nit have a juvenile in the car with you. Reach out to local dui attorneys.

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  • First time offense, and a was given one year for refusal AND one year for a DUI. Is the Refusal the automatic one year?

    Co worker who I now give a ride to everyday had his license suspended for an event in which he refused the chemical test. Was given 1 year by DMV for the refusal. The court found him guilty for DUI and was given another year suspension. Seems a ...

    Andrea’s Answer

    The suspension is automatic but he could have appealed it within 30 days of notice. One year for a conviction in addition is also automatic and judges have no discretion to reduce this as it is a penndot rule.

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  • Does a state trooper have to read you your rights when arresting you for a dui

    I got arrested for a dui the other day and The officer never read me my rights. And the only paper that I signed was for my blood work.

    Andrea’s Answer

    It is common that police do not Mirandize DUI suspects. Miranda becomes relevant if you are interrogated while in custody. If so, statements made could be suppressed.

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  • What should I expect to see when the citation comes in the mail?

    I was caught shoplifting at a Kohl's the other day. I'm 18 and this will be my first criminal offense. I'm an outstanding student, athlete, and I'm active in my community. I stole less than $100 of merchandise and returned it. I filled out the sto...

    Andrea’s Answer

    You will receive a citation by mail asking you to plead guilty or nit guilty. Contact the judge's ofgice and ask about the ARD diversion program. If you complete that program, your charge will be dismissed snd you will not have a permanent conviction on your record for this. Good luck.

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  • How to appeal a district court

    On june 16th i was found guilty of harassment at district court. I do not feel that i was given a fair hearing since the judge never talked to my witness. The other party tried to make me look like i was crazy and stated things that were not true....

    Andrea’s Answer

    It is possible to appeal but you only have 30 days from the guilty finding. The appeal goes to your county court of common pleas and you can get a totally new trial.

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  • Can I be arrested for a cyber crime if there is no hard drive of the device I used

    Tablet

    Andrea’s Answer

    Most likely. Searching your ip address will show your history and your search paths. Call an attorney to discuss the specifics of your case.

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  • Is there a such thing to remove pending charges from recorded after judged has ruled to drop charges, and I never had a record?

    I filled criminal charges against someone, therefore for revenge they filled them back on me. I have never had charges on my record, but now they are pending. If the judge decides to drop all charges on both sides, do I have to pay to get those p...

    Andrea’s Answer

    If all charges are dismissed, you can petition for expungement of the charges.

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  • How can I find someone that is being charged as a sex offender under Megans law? The case is still on going.

    There is this adult that assaulted his 5 year old child, a 3 year old child, a 13 year child and a family pet. He was in jail then released on bail a few days later. We had a pre trail. Now waiting on a court date for something. Now I want to know...

    Andrea’s Answer

    He will be compelled to register only after conviction of certain crimes set forth by law. Call the Assistant District Attirney assigned to the case for answers ti other questions.

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