Criminal Defense

WHAT TO DO IF I'M CHARGED WITH A DUI?

If you are charged with a DUI, it is important to take the charge seriously and take steps to protect your rights. Here are some steps you can take if you are charged with a DUI:

Remain calm and cooperate with law enforcement. Remember that anything you say can be used against you in court, so it is best to avoid making any statements that could incriminate you.
Contact an experienced DUI attorney at HART LAW as soon as possible. A skilled attorney can provide you with legal advice and representation and help you understand your rights and options.
Gather any evidence that may be relevant to your case, such as the results of any field sobriety tests or breathalyzer tests. Most information will be provided for in the criminal complaint, including the Affidavit of Probable Cause. Other things may not be provided immediately, such as the results of a blood test.
Prepare for your court appearance. This may include gathering any documentation or evidence that can help your case, as well as preparing a defense strategy with your attorney.
If you are found guilty of a DUI, consider enrolling in a substance abuse treatment program and taking other steps to show the court that you are taking the charge seriously and are committed to making positive changes.

It is important to note that every case is different, and the specific steps you should take will depend on the unique circumstances of your case. Therefore, it is crucial to consult with an experienced attorney who can provide personalized advice and guidance. HART LAW has a wealth of experience in handling DUI defense. Prior to representing those charged with DUI, Attorney Hart was a DUI prosecutor, handling hundreds of cases each year.

HOW SOON SHOULD I CONSULT WITH AN ATTORNEY AFTER BEING ARRESTED?

If you have been arrested in Pennsylvania, it is generally advisable to consult with or hire an attorney as soon as possible. This is because there may be time-sensitive deadlines and legal issues that need to be addressed in a timely manner.
Ideally, you should contact an attorney before speaking to law enforcement or making any statements about the alleged crime. Your attorney can advise you on what to say and what not to say to avoid incriminating yourself and protect your legal rights.
If you are unable to contact an attorney immediately after your arrest, you should do so as soon as possible. You have the right to remain silent and the right to an attorney, so it is important to exercise these rights and protect yourself from making statements that could be used against you in court.
It is important to note that if you cannot afford an attorney, you may be eligible for a court-appointed attorney. In Pennsylvania, if you are charged with a crime that carries a potential sentence of imprisonment, you have a right to court-appointed counsel if you cannot afford an attorney.
Overall, it is highly recommended that you hire an experienced criminal defense attorney from HART LAW or at least consult with one as soon as possible after being arrested in Pennsylvania. An experienced attorney from HART LAW can help you navigate the legal system, protect your rights, and work to obtain the best possible outcome for your case.

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SHOULD I VOLUNTARILY CONSENT TO A BLOOD DRAW?

In Pennsylvania, if you are being investigated for DUI (driving under the influence), you may be asked to submit to a blood test to determine your blood alcohol concentration (BAC). Whether or not you should voluntarily consent to a blood test depends on the specific circumstances of your case.

It is important to note that Pennsylvania has an "implied consent" law, which means that by driving on the state's roads, you have already consented to a chemical test to determine your BAC if you are suspected of DUI. Refusal to submit to a chemical test will likely result in penalties such as the suspension of your driver's license.

If you believe that you are not under the influence of drugs or alcohol and that a blood test will prove this, then it may be in your best interest to voluntarily consent to the test. On the other hand, if you know that you have consumed alcohol or drugs and that the test will likely show that you are over the legal limit, it may not be in your best interest to consent to the test.

It is important to note that if you refuse to submit to a chemical test, you may still be subject to a DUI charge and penalties. Additionally, if you do submit to a blood test and it shows that you are over the legal limit, an experienced DUI attorney from HART LAW may be able to challenge the validity of the test results.

Overall, whether or not you should voluntarily consent to a blood test in Pennsylvania when being investigated for DUI depends on the specific circumstances of your case. It is highly recommended that you consult with an experienced DUI attorney from HART LAW before making any decisions about submitting to a blood test or any other chemical test.

DOES MEDICAL MARIJUANA CARD PREVENT GUN PURCHASES?

Under federal law, the use of marijuana, including medical marijuana, is still considered illegal, and the possession of a medical marijuana card is considered evidence of drug use. As a result, in Pennsylvania, possessing a medical marijuana card may preclude you from purchasing a firearm.

When you fill out a firearm purchase form (Form 4473) to buy a gun from a licensed dealer in Pennsylvania, you are asked if you are an "unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance." Answering "yes" to this question will disqualify you from purchasing a firearm.

It is important to note that lying on a Form 4473 is a federal offense, and doing so can result in serious legal consequences.

The Pennsylvania State Police, who oversee firearms background checks in the state, have also indicated that they will deny firearms purchases for individuals who possess a medical marijuana card.

Therefore, if you have a medical marijuana card, it is advisable to consult with an attorney or firearms dealer to fully understand the legal implications of possessing a card and purchasing a firearm in Pennsylvania. BE SURE TO CONTACT HART LAW WITH MORE QUESTIONS. THERE IS CURRENTLY A Supreme Court CASE PENDING THAT MAY CHANGE THIS SITUATION.

HOW CAN I GET MY RECORD EXPUNGED?

In Pennsylvania, you may be eligible to have your criminal record expunged, which means that the records related to your arrest and/or conviction are removed from public view. Expungement can be a complex process, so it is recommended that you consult with an experienced criminal defense attorney to determine your eligibility and assist you with the process.

Generally speaking, in Pennsylvania, you may be eligible for expungement if:

You were arrested, but not charged with a crime
Your case was dismissed, withdrawn, or acquitted
You completed an Accelerated Rehabilitative Disposition (ARD) program
You were convicted of a summary offense and have not been arrested or prosecuted for five years
You were convicted of a non-violent misdemeanor offense and have not been arrested or prosecuted for 10 years

To begin the process of expungement, you must first obtain a copy of your criminal record from the Pennsylvania State Police. Once you have your criminal record, you will need to complete the necessary paperwork and file it with the court that handled your case.

It is important to note that the expungement process can take several months, and in some cases, may require a court hearing. Additionally, not all criminal records are eligible for expungement, and there are some offenses, such as violent crimes and certain sex offenses, that cannot be expunged.

Overall, the process of expunging your criminal record in Pennsylvania can be complicated, and it is highly recommended that you consult with an experienced criminal defense attorney to guide you through the process and ensure that your rights are protected.

CAN MISDEMEANORS BE SEALED?

Yes, in Pennsylvania, some misdemeanor convictions may be eligible for expungement or sealing, depending on the circumstances of the case. However, not all misdemeanor convictions are eligible, and the process can be complex, so it is recommended that you consult with an experienced criminal defense attorney to determine your eligibility and assist you with the process.

Generally, in Pennsylvania, the following types of misdemeanor convictions may be eligible for expungement:

Summary offenses (similar to traffic tickets)
Certain first-time DUI offenses
Certain non-violent misdemeanors, such as theft or drug possession, after a specified waiting period

It is important to note that even if you are eligible for expungement, the process can take several months and may require a court hearing. Additionally, expunging a conviction does not automatically restore any rights that may have been lost as a result of the conviction, such as the right to possess a firearm or the right to vote.

In some cases, if you are not eligible for expungement, you may be able to have your criminal record sealed. Sealing a criminal record means that it is not visible to the public but may still be accessible to certain government agencies. The eligibility requirements for sealing a criminal record are similar to those for expungement, and it is recommended that you consult with an experienced criminal defense attorney to determine your eligibility and assist you with the process.

Overall, the process of expunging or sealing a misdemeanor conviction in Pennsylvania can be complicated, and it is highly recommended that you consult with an experienced criminal defense attorney from HART LAW to guide you through the process and ensure that your rights are protected.

WHAT IS ARD AND AM I ELIGIBLE?

ARD stands for Accelerated Rehabilitative Disposition. It is a program in Pennsylvania that allows first-time offenders charged with certain non-violent crimes to avoid a criminal conviction and have their charges dismissed upon successful completion of the program.

The program is designed to provide a second chance to individuals who have committed minor offenses, and it is often used for charges such as DUI, drug possession, and theft.

To be eligible for ARD in Pennsylvania, an individual must meet certain criteria, including:

Being a first-time offender or having no prior criminal convictions within the past 10 years
Having been charged with a non-violent crime that is eligible for the program
Agreeing to comply with any conditions set forth by the court or probation department, which may include community service, drug or alcohol treatment, and regular check-ins with a probation officer

Once accepted into the ARD program, an individual must complete all requirements within a set period of time, typically between 6 months and 2 years. If they successfully complete the program, the charges against them will be dismissed and they will not have a criminal record.

It is important to note that while ARD can be a beneficial option for first-time offenders, it is not available for all offenses and may not be the best option in every case. It is recommended that anyone facing criminal charges in Pennsylvania consult with an experienced criminal defense attorney from HART LAW to discuss their options and determine the best course of action for their individual circumstances.

I WAS CHARGED WITH SIMPLE ASSAULT... NOW WHAT?

If you have been charged with simple assault in Pennsylvania after getting into a fight, there are several steps you should take:

Contact HART LAW Immediately: It is highly recommended that you hire an experienced criminal defense attorney who can help guide you through the legal process and represent you in court. An attorney can provide legal advice, help you understand your options, and build a defense strategy.
Understand the charge: Simple assault is a misdemeanor offense in Pennsylvania, and it carries a penalty of up to 2 years in prison and a $5,000 fine. It is important to understand the charges against you and the potential consequences.
Attend all court hearings: You will need to attend all court hearings related to your case, including an arraignment and any pre-trial conferences. Your attorney will advise you on what to expect at each hearing and how to best prepare.
Gather evidence: Your attorney will work to gather evidence to support your case, including any witness statements, surveillance footage, or other relevant information.
Consider plea bargaining: Depending on the circumstances of your case, it may be possible to negotiate a plea bargain with the prosecutor. This could result in a reduced charge or a lesser sentence.
Prepare for trial: If your case goes to trial, your attorney will help you prepare for the trial and present your defense. This may include selecting a jury, presenting evidence, and cross-examining witnesses.

It is important to take a simple assault charge seriously and to work with an attorney from HART LAW who can help protect your rights and defend you in court.

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