Frequently Asked Questions
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If you were driving while impaired, then I would say you cut a HUGE break and I wouldn’t bite the hand that feeds you. Highly unlikely they will drop it to anything less than public drunkenness which is a summary offense. I would take the W on this one and walk away.
Honestly man you’re son is going to get a citation to appear at a local district courthouse. If you and him go and speak to the officer before the hearing, you can work something out to get it to a lesser charge (probably open container). It’s really something you can do on your own but if you feel more comfortable having a lawyer sort it out than hire one. Good luck to your son!
Does their name appear on any court paperwork? If not, then there is no court order to have them evicted. Maybe their mail will be coming later it’s really hard to say without more information and I highly doubt your landlord would be so shortsighted as to not file evictions against both tenants.
Are you on the property as well? Why are you allowing him near you but also have a PFA against him? If you and your sons father are interacting and communicating, he is in contempt every time and a criminal conviction for criminal contempt of court can be punished by up to 6 months of jail time, and fines between $300 and $1000. In terms of your exposure to trouble, the judge may throw out the PFA if he finds out you aren’t taking it seriously. The main question, as I’ve stated earlier, why have a PFA and still interact with him?
A conviction for contempt of court can be punished by up to 6 months of jail, and fines between $300 and $1000.
You can go online to penndot’s website and when there, click online services and go to drivers license. Once you are there you will have to log in and it will give you a list of options to choose from. Choose request restoration requirements letter and it will be emailed to you and you will be able to see what you still need to do. It might just be that you didn’t pay the restoration fee.
You are correct it is a summary offense and it will most likely not cause any issues as a green card holder.
I would highly suggest you consult with an attorney in your area. Many states offer first time offender programs that you may be eligible for.
You should probably contact your local sheriffs office or whichever agency deals with warrants because you most likely have a bench warrant out for your arrest. Normally the only way that gets resolved is if you turn yourself in and see a judge the same day and he will determine whether to lift the warrant. In your situation I’d imagine they would.
Mere presence alone would most likely not be enough. You would have had to do something to further the the crime or were somehow involved otherwise. The store most likely will have cameras so as long as you don’t look like you are involved, the Commonwealth’s case would be weak in my opinion.
I will say this, if the police do try to contact you, hire an attorney before doing anything else.
As a criminal defense attorney my strong position on this would be to not call him back unless you can think of any harmless reason why they may be calling. If not, I would lean on the side of caution. If they try and contact you again, you may want to seek out counsel.
Based off those facts, the officers probably had a enough to pull you over to investigate what was going on with your driving. Does not seem that illegal to me.
You absolutely do not want to take that risk. If you have a warrant that is interstate than it will come up anywhere you travel and if you’re in another state and get picked up, you may be in custody for a good while until they extradite you back to the state the DUI occurred in. Get a lawyer before you do anything else.
Okay so your question is a little difficult without more information. My impression is that he applied for ARD at the preliminary hearing and once the District Attorney reviewed the application, they saw there was an accident involved and denied based off that. He may be able to send a reconsideration letter to the ARD unit to see if there’s another chance of him getting in but I would need to know more information about the case. He needs a lawyer.
Even based off of those facts, there are scenarios where he could be on the hook for the drugs that were found in the house if the police have other evidence indicating it is his. However without more information, it is difficult to speculate.
Potentially yes if they try to say that you were in possession of the drugs as well. The facts of your case need to be clearly known in order to make an informed answer but I would at the very least say you need to speak to an attorney asap.
Absolutely not. Nobody can force you to do anything in your criminal case. Moreover, your father paying for your legal fees does not entitle him to make decisions for you or know what you and your attorney discuss.
If they have no evidence showing your were operating a vehicle while impaired, then that cannot charge you with it. However I would advise you to not discuss this case going forward on public forums and seek counsel immediately.
Absolutely not. A clerical error will not be enough for a case to be dismissed.
Yes you absolutely can get in trouble.
I think you’re in the clear man. Highly unlikely they are going to go forward on such a petty case. You’ll be fine.
It sounds like a weak case based off of what you said. I would contact an attorney a get a copy of the complaint asap.
Yes you will get a notice of a preliminary hearing in the mail along with the charges that were filed against you.
Highly unlikely that would happen unless you refused the blood. Common misconception is that if the DUI gets tossed out the refusal won’t go into effect. Regardless of the outcome of the case, you will lose your license for refusing chemical testing (absent you appealing and winning).
Hope I helped
Generally a court will order a drug test if they believe the person is under the influence of drugs or alcohol.
Rule of the thumb: Always act professional and courteous to the court.
Good luck and god bless
You have rights. Be aggressive with your case. Call your public defender and express your concerns. If they continue to act ineffective... alert the court.
Don’t let anyone deprive you of a fair hearing.
Good luck and god bless
Do your research, ask around, and most importantly, use your common sense. Google reviews can also be a helpful tool to see what attorneys in your area have the abilities you need to get the results you want.
Best of luck
I am sorry for your situation miss. No one should have to go through with what you’re dealing with. Document everything that is being done with you. Build a record (take pictures of your injuries, keep a diary of her actions). You may also want to contact law enforcement as a result of this situation. You have rights.
God bless and good luck