Skip to main content
Matthew Scott Arnold

Matthew Arnold’s Answers

6 total

  • What do I do I'm being charged with pocs and dwi...but bloodwork comes back negative for n e thing being in my system at the tim

    Okay so I get pulled over for not havin my seatbelt on yet I had my seatbelt on...the officer did a brief sobriety test said I acted nervous and eyes were glossy..searched my car found like 10 pain pills...I also got dwi with child endangerment ca...

    Matthew’s Answer

    It really depends on when the blood was drawn. The issue is whether you were intoxicated at the time you were driving. Also, you should check on what the blood test screened for, they are not all encompassing. A negative test helps, but it might not get you out of the woods.

    See question 
  • Can a defendant ask the Judge or courts for mercy and vacate or set aside a conviction from a "Unlawful taking/Theft" form 1976?

    I had a ublic defender and many many years ago.. I am now looking to start a second career. no legal issue beofer or since but I did lkose my civil righgts and it is on my record. Is there any wya like beggin for mercy or a legal motion to get it ...

    Matthew’s Answer

    I don't practice in Pennsylvania, but I highly doubt that any judge would have continuing jurisdiction (power to do something) on a case that old. Convictions are more permanent than tattoos.
    Your best bet at this point is probably going to be to seek a pardon from the governor. they are generally hard to get, but not impossible, if he has really changed his life.

    See question 
  • My Husband has less than 6 months left on a felony poss case on probation. He tested dirty again and his po says its going court

    this is the 3rd time...First wilmer , then thinking for a change class now hes dirty again....what can happen and he owes $2300 in fees

    Matthew’s Answer

    The probation officer saying that it is going to court means that they intend to file a motion. The motion will be either a motion to revoke probation, or a motion to proceed to adjudication, depending on if he is on what we commonly call a straight probation or a deferred adjudication, respectively.
    The motion will allege that while he was on probation/deferred adjudication he violated certain specific conditions. If the state can prove the allegations in the motion, the judge can pretty much do what he wants, limited only by what kind of probation he is on. The judgemight only modify the conditions, prehaps to send him to a more restrictive treatment center, like SAFPF, a restitution center, or even continue him on probation.
    He can revoke the probation (if it's a straight probation) and then send him to prison for any period of time up to his original sentence (but no more, that issue has already been decided).If, he is on deferred adjudication however, he can proceed to adjudicate him guilty, and then the case proceeds in it's natural course to the punishment phase. Here, since the issue of punishment has not been addressed and decided in a deferred adjudication situation, the full range of punishment for the underlying offense (what degree of felony it was classified as) is available to the court. For example, if the underlying offense was a State Jail Felony the punishment could be anywhere from 180 days to 2 years in the state jail. On the other extreme if he was on deferred for a 1st degree felony, the punishment could be anywhere from 5 years to 99 years, or LIFE.
    I hope this helps.

    See question 
  • PETIT LARCENY CHARGED?

    I AM A 19YR OLD ARMY WIFE ON FORT DRUM, NY AND YESTERDAY I WAS CHARGED WITH PETIT LARCENY 155.25 BUT I HAVE NEVER BEEN IN ANY KIND OF TROUBLE BEFORE. I NEED TO KNOW WHAT I SHOULD DO OR IF THERE IS ANYWAY I CAN POSSIBLY GET THE CHARGES DROPPED WITH...

    Matthew’s Answer

    I know you don't want to hear this, and that's why you posted this question on this site in the hopes of avoiding the costs associated with the advice I am going to give you. In any situation where you have been charged with a criminal offense, it is absolutely essential that you hire an attorney. Time after time, I've been hired on cases where the client had first tried to plead their case on their own. Their attempts to "nip in the bud" the "misunderstanding", although earnest and sincere, are almost universally unsuccessful and usually result in giving the government more evidence. Take some time, right now, to speak to some lawyers in your area. Most won't even charge you for an initial consultation.
    And if anyone associated with law enforcement attempts to talk with you about the situation remember this phrase: "I want to terminate this interview now, and wish to speak to my/an attorney." (and then shut up no matter what happens)

    See question 
  • Whats the best way to beat a no seat belt ticket or get deferred adjudication

    seat belt ticket help

    Matthew’s Answer

    Set the case for jury trial. Usually it will be many months before the court will have an opportunity to hear the case and a: the officer will fail to show up (quite common) or b: He won't remember enough of the facts for the government to proceed. You can always ask for deferred and the prosecutor will usually offer it unless you have a history.

    See question 
  • What does no finding of NFOG (no finding of guilt) mean?

    What does NFOG mean?

    Matthew’s Answer

    That is the code that is used on the Dallas County database for No Finding Of Guilt. It means someone recieved a deferred adjudication probation and succesfully completed the same.

    See question