Pennsylvania DUI, Criminal Defense, Traffic Ticket, and Bankruptcy Lawyer

The law sets three tiers of intoxication with the resulting penalties becoming more severe the higher the blood alcohol content (BAC) and if the individual has a prior record for DUI. The penalties can range from probation for a lowest level first offense DUI to one year or more in jail for a 3rd or subsequent offense. Additionally, DUI is considered a criminal offense in Pennsylvania and if you are convicted, it would remain on your record until age 70 before the case would be eligible for expungement.

A mandatory minimum sentence means that a judge has no discretion and must sentence the motorist to the mandatory minimum set by the legislature. Under the law, the judge cannot give less jail time, but he is free to give more than the minimum jail time. Whether the sentence is served on house arrest or work release is determined by the sentencing judge.

If you have been pulled over for Driving Under the Influence, it is extremely important that you contact an experienced, local attorney as soon as possible to discuss your case.

Accelerated Rehabilitative Disposition (ARD) - Many of my clients are first time offenders who have never been in trouble before and are concerned about how a criminal case will affect their lives in the future. Luckily, Pennsylvania has programs for first time offenders which enables the individual to avoid jail time, avoid a possible license suspension and most importantly, avoid a criminal conviction on their record. If your case is a first offense and the accusation is for a non-violent offense, you may be eligible for the Accelerated Rehabilitative Disposition (ARD) program or another type of first time offender program.

First time offender programs are designed for people who are not criminals and are meant to get cases out of the criminal justice system that do not necessarily belong there. They are meant to teach regular people who made a mistake a lesson, and the hope is that they are never seen in the criminal justice system again. Most of these programs involve a period of probation, community service, DUI classes and treatment, and the payment of fines. Once all of the conditions are satisfied, the result is that the District Attorney drops the charges and you can then have it expunged off of your record.

The decision to place an individual into a first time offender program is left solely up to the county District Attorney’s office. County judges have no power to place someone into a program and as such, your attorney’s relationship with the local District Attorney’s office is of the utmost importance.

Points Reduced or Your Money Back - Speeding, Stop Sign violations, Red Light violations and many other moving violations in Pennsylvania carry points on your license if you are found guilty. If you are convicted of certain traffic offenses, your license could be suspended, points could be assessed to your license, and your insurance premiums could increase as a result of the ticket. Some violations, such as Driving Under Suspension, carry mandatory jail time ranging from 30 days to 6 months in the county prison. If you have received a traffic ticket in Pennsylvania, you have 10 days to enter a plea of “Not Guilty” and you will then receive a notice from the local District Court with the court date. Most local District Judges will even permit your Pennsylvania traffic ticket attorney to appear on your behalf, so you might not even have to attend the hearing to get your points reduced.

Money Back Guarantee – if we are unable to negotiate a reduction in points on your moving violation, we will refund the entire fee. We are the only firm that guarantees our work, so if we are unable to help reduce your points, you get your money back. Due to my experience as a former Senior Deputy District Attorney, I have a 99% success rate in reducing points on moving violations. Additionally, many local judges will allow us to appear in court on your behalf, so you might not even have to attend the traffic court hearing to get your points reduced.

Drug offenses are a common crime in Pennsylvania and include Drug Possession, Possession with Intent to Deliver, Possession of Drug Paraphernalia and Prescription Fraud.

Possession of a Controlled Substance, Possession of a Small Amount of Marijuana and Possession of Drug Paraphernalia are “ungraded” misdemeanors with a maximum penalties of 1 year in jail and a $2,500 fine. If convicted of drug possession in Pennsylvania, there is a mandatory 6 month driver’s license suspension for a first offense and a 1 year suspension for a second offense.

Possession with Intent to Manufacture or Deliver is also known as drug trafficking. This is a Felony of the 3rd degree and carries up to 7 years in prison and up to $15,000 in fines if convicted. The crime occurs if an individual delivers (sells, trades, gives) a Controlled Substance to another individual. Possession with Intent occurs when a delivery does not occur, but the facts and circumstances would lead one to believe the drugs were intended for sale.

Prescription Fraud is a crime that is on the rise due to the opioid crisis. This crime occurs when an individual forges a prescription or otherwise tries to obtain a prescription through fraudulent means. This crime is also a Felony of the 3 ^rd degree.

In Pennsylvania, a case is eligible for Expungement by a county judge only in limited situations. If you were found not guilty, if charges were dropped or if you completed a first time offender program then the case is eligible for expungement. If a Motion for Expungment is approved by the county judge, all evidence of your case will be destroyed, including your rap sheet, mug shot, fingerprints and physical court file.

If you were convicted or found guilty of a crime, Pennsylvania law does not permit Expungement until the individual turns 70 years of age. If you were convicted, the only way to remove it from your record would be to apply for a Governor’s Pardon in which the Board of Pardons reviews your case and determines if they will give you a hearing. At the hearing you would have to present evidence to convince the Board to recommend a pardon to the Governor, who would then have to sign the pardon.

For the past 25 years in practice I have handled all types of Felony and Misdemeanor cases. In my career as a prosecutor, I personally handled over 5,000 cases ranging from minor traffic offenses to criminal homicide. As a defense attorney now for over 20 years, I have helped thousands of clients navigate the criminal justice system. I have personally handled cases involving:

• Assault
• Burglary
• Child Abuse
• Domestic Violence
• Forgery
• Fraud
• Internet Crimes
• Juvenile crime
• Murder
• Possession of Child Pornography
• Probation/Parole violations
• Rape
• Robbery
• Sex offenses
• Shoplifting
• Theft
• Traffic Offenses
• Underage Drinking
• White Collar Crime

Call or email me for a Free Consultation with a Pennsylvania criminal defense and traffic ticket lawyer for assistance with your case. I gladly talk to new clients over the phone and I would be happy to answer every question that you have, either over the phone, or in person if you prefer for free. I will explain all of your options, give you my honest opinion about what could happen to you and I will even quote you a fee and a flexible payment plan right over the phone because I believe that an informed client is the best client. We treat clients the way we would want to be treated if we were experiencing legal problems – with kindness, courtesy and respect. I believe that it is my experience and my approach to the way I practice law that separates me from other attorneys and the reason I have over 250 Five-Star reviews on Avvo.com. Choosing a defense attorney may be one of the most important decisions you ever make, so do your homework and choose wisely. I wish you the best of luck with your case.

Over 20 years experience assisting consumers to get a fresh financial start.

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We understand that this is a stressful time in your life and filing for Bankruptcy is a decision not to be made lightly. Many clients are scared of filing for Bankruptcy and put off calling a lawyer. However, most of my clients end up telling me that “I wished I filed for Bankruptcy years ago.” Do not ignore your debt. Do something about it so you can get a fresh financial start and stop the harassing collection activity.

Our experienced attorneys have handled thousands of Bankruptcy cases over the past 20+ years in practice. Our fees as reasonable and we have a flexible payment plan. We treat clients the way we would want to be treated if we were facing legal problems - with kindness, understanding and respect.

Call the experienced attorneys at Ellis B. Klein & Associates and we would be happy to give you a free detailed consultation and show you how filing for Bankruptcy may be the right financial move to get you on your way to financial freedom.