Criminal Defense Archive

Driving On Ambien Could Be A DUI In Pennsylvania

Ambien is a drug used for sleep initiation for people with insomnia.  It works by making one feel woozy in a relatively short period of time after dosing with the hopes of doing its job quickly and knocking

Breathalyzer Results Could be Thrown Out

Proper ID Required For PA Underage Drinking Convictions

Yesterday I had an underage drinking case at Judge Knapp’s down in West Chester PA on Union Street.  It was a typical West Chester University situation where a girl, who was under 21, was alleged to have

Waiver of Preliminary Hearing for ARD

The first time a defendant gets to test the evidence that the Commonwealth has against them in a criminal case in Pennsylvania is at what is called a “preliminary hearing”.  At this hearing, the Commonwealth must prove

Did I REALLY Refuse A Breathalyzer Test?

At least once a week someone will call my office and run a certain scenario by me.  It will involve a dui stop, an arrest, and the question “did I refuse the breathalyzer test”?  Of course, the

Question: Do I Need To Waive My Preliminary Hearing To Be Eligible For ARD?

…….and the answer is:  Almost always “yes”.   Whether you have to or not has nothing to do with what crime you have been   accused of, whether you have a criminal record, or whether you have

Summary Retail Theft?: Don’t Forget The Fingerprints

As we all know, if someone is caught committing a crime in the state of Pennsylvania, or any other state, they get arrested.  Part of the process of getting arrested is having the police take your picture

Instant Probation Violation: The “Hot” Urine

When a person is on probation or parole as result of a conviction for some type of drug charge part a condition of that person’s supervision will be that they not take illegal drugs.  Not an unreasonable

Pa. Retail Theft: It’s Still On The Rise

Montgomery County is home to a booming commerce industry with high concentration of retailers in King Of Prussia, Limerick, Bala Cynwyd, and Ardmore.  Consequently, Pennsylvania is always among the leaders in retail theft arrests and prosecutions. 2011

Whats is a “Gagnon” Hearing in Pa. Probation Proceedings?

The most common sentence for a defendant who has been convicted of a crime in Pennsylvania is a term of probation.  The idea is that the defendant stay out of trouble for the probationary term or risk