Frequently Asked Questions
Can I be removed from ARD if…….?
People are often removed from the ARD program for failing to complete ARD requirements by the completion deadline. For example, most ARD programs require a person to complete an Alcohol Highway Safety School, counseling, community service, and payment of court costs. If a person does not do those things by the deadline and does not get an extension of the deadline, the district attorney will often file paperwork and ask a judge to have the person removed from ARD. If a person’s ARD is terminated, the prosecutor will then resume prosecution of the charges. Removal from ARD for Criminal Charges... Learn More
Can I appeal a denial of ARD?
In Pennsylvania, the prosecutor and NOT a judge determines whether or not a person is approved to participate in ARD. The person seeking admission into ARD must normally submit an application or some request to the prosecutor for consideration. If the prosecutor approves ARD, then everyone is happy, and the person is admitted into ARD by a judge. But what happens if the prosecutor says no. No Appeal of ARD Denial People assume that the judge has all the power in the system, but that is not always the ase. When it comes to ARD, the district attorney has almost... Learn More
Must I report a criminal charge to the Pennsylvania licensing board if I received ARD?
As of April 15, 2018, the answer is most likely yes. On that date, Public Law P.L. 14, No. 6 became effective and requires a “licensee,” meaning a person issued a professional license from the Pennsylvania Bureau of Professional and Occupational Affairs, to report an Accelerated Rehabilitative Disposition (ARD), verdict of guilt, admission of guilt, plea of nolo contendre, or acceptance of Probation Without Verdict (PWOV) of any felony or misdemeanor offense to the appropriate licensing board within 30 days of that resolution being accepted by the court. To be clear, the triggering factor for reporting to the licensing board... Learn More
Do I Need to Report Expunged Charges on an ARD Application
Many Pennsylvania ARD applications contain a question that requires applicants to report prior charges even if those charges have been expunged or sealed. Obviously, if an applicant reports prior offenses or prior charges, the distirct attorney is more likely to deny ARD, so many people want to lie. The problem is that most ARD Applications require the person to sign and swear that all of the information is true, and providing false information could result in a criminal charge of Unsworn Falsification to Law Enforcement under 18 Pa.C.S.A. 4904 to be filed. So lying on the Application to get a... Learn More
What happens if I violate ARD conditions or fail to complete requirements?
ARD Revocation for Violation of Program Successful completion of ARD allows a person to have charges dismissed and expunged, but what happens if a person fails to complete the ARD requirements or violates a condition. People often violate ARD by getting arrested and having new criminal charges filed. Many people also fail to complete requirements like community service, DUI classes, counseling, or payment of ARD fees by the deadline. In either situation, the district attorney may ARD termination paperwork with the court to have the person removed from ARD. If the person is removed, the district attorney would then resume... Learn More
What are the requirements for the ARD program?
With ARD, a person pleads not guilty to criminal charges but agrees to accept a punishment in exchange for a dismissal and then expungement of the charges. The dismissal sounds good, but the punishment portion does not. Almost all ARD programs require things like: period of supervision by the probation department payment of ARD costs and fees completion of counseling programs or classes completion of community service The precise ARD requirements often vary a bit depending upon the charges that are filed. For example, alcohol-related offenses often require completion of alcohol classes, whereas an assault case would require completion of... Learn More
What is ARD?
The Accelerated Rehabilitative Disposition (ARD) program basically has a person plead not guilty to criminal charges but agree to accept a punishment from the court. By completing the punishment, the person is able to file paperwork to have the charges dismissed and then expunged. The "punishment" portion of ARD often includes a period of supervision by the probation department, completion of counseling classes and programs, payment of program costs and fees, and community service. The preciese requirements of ARD often vary depending upon the criminal charges, and the ARD program often varies from county to county. In order to determine... Learn More
Can I get ARD for my DUI charge?
Eligibility for ARD Program for DUI Charges ARD is considered to be a privilege and not a right. That means that just because this may be a first offense of DUI, a person is not entitled to be approved to participate in ARD. Pennsylvania law, found at 75 Pa.C.S. 3807, prohibits a person from being approved for ARD in three situations: the person has a prior conviction or ARD disposition for a DUI offenses within 10 years of the current DUI incident the person had a passenger in the car that was under the age of 14 that was an... Learn More
Why do charges appear on a background search after I completed ARD?
Expungement Is NOT Automatic Did you really expect the government or court systems to do something to help you by expunging your record after you jumped through all the hoops to complete teh ARD program? In order to have the charges dismissed and expunged, paperwork must be prepared and filed with the Clerk of Courts. Very few counties file that paperwork for a person, so the person must do it him or or herself or hire an attorney to do it. It is only through the expungement process that the case information is removed from the government databases. The good... Learn More
My criminal charges were expunged, why did they appear on a background search?
Expungement Limited to Government Records In many situations, the problem is that the person completed ARD and assumed that completion resulted in the automatic expungement of the case. Regrettably, that is not how the process works in Pennsylvnaia. Successful completion of ARD gives a person the ability to expunge, but the expungement process requires that an expungement petition be filed with the Clerk of Courts in the county in which the case was handled. The good news is that this problem can be fixed by filing the required paperwork. Expungement petitions do not need to be filed immediately upon ARD... Learn More
Do I need a lawyer to get ARD?
“He who represents himself has a fool for a client” - Abraham Lincoln Abraham Lincoln is one of the greatest presidents in American history, so maybe people should consider his quote referenced above. A lawyer is service provider, just like a mechanic or electrician. Do you need a mechanic or electrician? It often depends upon the complication level of the task. Do you hire a mechanic to put air in your tires or add windshield wiper fluid? Do you hire an electrician to plug in a lamp or change a light bulb. No. You handle those simple tasks on your... Learn More
Why I am being charged with Assault when it was self-defense?
It was self-defense This is a common question. The problem is that the other person is probably also claiming self-defense. There are two sides to every story. There often is not video proof as to who pushed first or who threw the first punch. In many cases, the person that calls the police first is labeled the "victim," the victim's story is accepted by the police, so the other person is charged with assault or disorderly conduct. Real life investigations are NOT like what you see on the show CSI. The police do not always have forensic evidence to review... Learn More
Why was I charged with Aggravated Assault and not just Simple Assault?
In Pennsylvania, Aggravated Assault is a felony and Simple Assault is a misdemeanor. The difference between the charges is whether or not the injury was just a "bodily injury" or was it a "serious bodily injury." The "victim" in the case also impacts the charge. If the victim was a on a protected list, like a judge, teacher, fireperson, EMT, or police officer, then a normal Simple Assault charge increases to a felony of Aggravated Assault. Serious Bodily Injury Aggravated Assault generally requires that the defendant either caused or intended to cause a "serious bodily injury," and a charge of... Learn More
Why didn’t the police talk to me to get my side of the story in the assault investigation?
Many people watch TV shows like Law & Order or CSI and believe that the TV shows truly depict what happens in the criminal justice system. TV is not real life. Police do not always conduct a thorough investigation, interview everyone, gather all forensic evidence, and then prosecute the right person. In many cases, there is no video or neutral witnesses. It is one side versue the other side, and the police generally pick which side is the "victim" and which side will be the "defendant," and the investigation proceeds in that manner. The victim is believed, and the defendant... Learn More
Do I have to prove self-defense at trial, or does the district attorney have to prove that I didn’t act in self-defense?
Centre County Criminal Trial Attorney Self-defense, also called "justification" in Pennsylvania, is an affirmative defense. This means that the person charged with Simple Assault or Aggravated Assault must present some evidence to show that self-defense was used. The evidence can come from whatever source, meaning other witnesses or directly from the person. The person charged with assault does not need to actually prove that he or she acted in self-defense, but the person must present some evidence that supports the defense. If some evidence is presented, then the district attorney must prove beyond a reasonable doubt that the person did... Learn More
How can I be charged with assault if the victim did not suffer a bodily injury?
Pennsylvania assault charges do not require an actual injury. Assault charges can also be based upon a person's intent to cause an injury. How do the police or a prosecutor know someone's intent? By the person's statements and actions. Consider this hypothetical - a husband finds his wife's boyfriend, threatens to kill him, husband then swings a bat at the boyfriend's head, but the boyfriend ducks so that he is not hit. The husband could be charged with Aggravated Assault because his statements and his actions show that he had an intent to cause serious bodily injury. Swinging a bat... Learn More
I have never been in trouble before, am I eligible to participate in a first-time offender program like ARD for my assault charges?
State College First Time Offender Programs and Assault Charges There is a difference between being eligible under the law and actually being approved for ARD by the judge. There is no law or rule that legally prohibits a person charged with assault, either Aggravated or Simple Assault, from being approved for ARD. That does not mean that a district attorney is required to allow ARD if the person has never been in trouble before. For more information about the ARD consideration process, check out this page. Factors that the district attorney will consider are whether or not the defendant has... Learn More
Marijuana is legal in the state in which I reside and I have a permit to possess it, so I how can I be charged with illegal possession of marijuana in Pennsylvania?
Possession of Marijuana Attorney State College By Jason Dunkle on G+ Every state has criminal laws that control what can and cannot be done within that state's boundaries. While marijuana possession and use is legal in some states, possession is not permitted in the state of Pennsylvania. Even if a person has a valid prescription for marijuana in California, said prescription does not permit a person to possess marijuana in the state of Pennsylvania. Under Pennsylvania law, it is a misdemeanor offense to possess marijuana, and whether or not a person is prosecuted is at the discretion of the prosecution... Learn More
Can I get ARD for a felony drug charge?
ARD for a felony drug case? Accelerated Rehabilitative Disposition (ARD) is a pretrial diversionary programs in Pennsylvania that allows a person to obtain a dismissal and an expungement of all charges in a criminal case. The program basically requires a person to accept a punishment from the court, and upon completion of the punishment, the charges can be dismissed and then expunged. Most county courts do NOT expunge a record for the person. Instead, the person must go through the expungement process. People facing a felony drug charge would often love to be admitted into ARD or PWOV, but that... Learn More
How can I be charged with possession with intent to deliver when the police only found a small amount of drugs?
Felony Intent to Deliver versus Misdemeanor Personal Use The key distinction between a misdemeanor and felony drug possession charge is the person's intent, meaning did the person possess the drug with the intent to ingest or use it OR did the person possess the drug with the intent to deliver it to someone else. The former is a misdemeanor offense, whereas the latter is a felony charge. The quantity of the drug is a huge factor that is considered in determining whether or not a person possessed for personal use or for distribution, but quantity is only one factor. Other... Learn More
Is an officer’s belief or suspicion that an odor of marijuana was coming from a Penn State dorm room or State College apartment sufficient “probable cause” to justify issuance of a search warrant?
Possession of Marijuana Criminal Defense AttorneyBoth the Pennsylvania and United States Supreme Courts have held that the odor of marijuana is sufficient to allow the police to request and receive a search warrant. More specifically, in 1948, the United States Supreme Court stated in the case of Johnson v.United States that "if the presence of odors is testified to before a magistrate and he finds the affiant qualified to know the odor, and it is one sufficiently distinctive to identify a forbidden substance, this Court has never held such a basis insufficient to justify issuance of a search warrant." Penn... Learn More
How can the district attorney attempt forfeit money that they cannot prove was the proceeds of illegal activity?
Attempt Forfeit MoneyIn some drug delivery cases, the district attorney or Attorney General seeks to forfeit property that is believed to have been used in relation to drug activity. Forfeiture is a civil proceeding in which the state attempts to take title or ownership of property based upon the property's relation to criminal activity. For example, if a car were used to transport drugs from one location to another, or if marijuana was grown in a house, the district attorney may seek to forfeit the car and the house as those items were used to facilitate a crime.Another example of... Learn More
How can the police obtain a search warrant to search an entire house, apartment, or Penn State dorm room when drugs or drug paraphernalia were only observed in one room?
Penn State Criminal Defense Lawyer By Jason Dunkle on G+ Generally, the police are permitted to seek and obtain a search warrant that allows them to search an entire single unit dwelling. For example, if the police smell the odor of marijuana coming from a Penn State dorm room, they can obtain a warrant to search the entire dorm room. If the police arrive at an apartment party and see a marijuana pipe on the kitchen counter, they can obtain a warrant to search the entire apartment. While such searches are generally permitted, issues can arise if the apartment or... Learn More
How can I be charged with alcohol possession if the officer didn’t test the liquid?
Forensic Lab Testing Not Required Pennsylvania law prohibits a minor, meaning someone under the age of 21, from possessing "any liquor or malt or brewed beverages." Section 6310.6 of the Crimes Code defines both "liquor" and "malt or brewed beverages," and both definitions require that the liquids "contain more than 0.50% of alcohol by volume." This means that the prosecution must prove beyond a reasonable doubt that the minor possessed a liquid that was .50% of alcohol. Many people, including some attorneys, believe that the police must send a liquid to a forensic lab for testing to determine whether or... Learn More
How can I be charged with possession of drugs or paraphernalia when I was not present at my apartment when the search warrant was executed and the items were discovered?
Centre County Possession of Drugs LawyerPolice officers routinely search residences and apartments for drugs and paraphernalia when few or any residents are present after securing search warrants. If drugs, paraphernalia, or other contraband is found, the police often charge some or all of the residents with possession. A common situation occurs when State College or Penn State police search a dorm room or apartment and find drugs or paraphernalia. If the contraband is found in a bedroom or on one roommate's side of the room, then the police look for evidence as to identity of the occupant of the room... Learn More
How can I be charged with possession of drugs or paraphernalia when nothing was found on me and there is no proof that it belongs to me?
Pennsylvania Misdemeanor Drug Possession LawyerUnder Pennsylvania law, there are two types of possession, actual and constructive. Actual possession is when something is found on a person, such as a wallet being found in a person's pocket. Constructive possession means that a person was aware of the existence of an item and had the ability to exercise dominion or control over that item. As an example of constructive possession that routinely happens in a State College apartment or in a Penn State University dorm room, assume law enforcement obtain lawful entry into the apartment or dorm room and find numerous individuals... Learn More
How can I be charged with a felony when I was only growing marijuana plants for personal use?
With a general charge of possession of a drug, if the drug is possessed for personal use, then it is graded as a misdemeanor offense. If the district attorney believes that the possession was with the intent to deliver the drug, then the offense is graded as a felony charge. While the "personal use" or "intent to deliver" issue is very important in a felony case of Possession With Intent to Deliver, such a distinction does not matter with a charge of manufacturing. Growing marijuana is considered to be "manufacturing" and is automatically a felony offense. It does not matter... Learn More
How can I be charged with delivery of drugs when the only witness was a confidential informant?
Being Charged with Delivery of Drugs While it may not seem fair or appropriate, criminal charges can be based upon the testimony of another person. Many cases are "he said, she said" or "he said, he said" types of cases. Also, most drug delivery cases are not based solely upon the testimony of confidential informants. Many drug delivery cases in Centre County are the products of "controlled buys" of drugs from drug delivery targets. A controlled buy of drugs is a purchase of drugs by an undercover police officer or confidential informant at the direction and supervision of the police.... Learn More
How can I be charged with selling drugs when I did not receive any money?
Drug Delivery and NOT Sale Everyone knows that it is illegal to sell drugs, but some people mistakenly believe that it is the sale and not just the delivery or giving of drugs to another person that is the criminal act. This leads people to believe that the police must have evidence that money was exchanged during a drug delivery. That is simply not the law. The law punishes the delivery or distribution of drugs and does not focus on whether or not the drugs were sold or given in exchange for money or property. The criminal charge in Pennsylvania... Learn More
How can I be charged with drug delivery if the police did not test the drugs?
What if the Police do not have the drugs? Most drug delivery charges are based upon "controlled buys," which are purchases of drugs by a Confidential Informant (CI) from a target that are done under the supervision or control of the police. The police give the CI buy money, the CI gives the buy money to the target in exchange for drugs, the drugs are then given to the police, the police send the drugs to a lab for forensic testing, and the lab then issues a report advising whether or not the substance was in a fact a drug. ... Learn More
Can I have a felony drug conviction expunged?
NO, unless you have been dead for 3 years OR are 70 and have stayed out of trouble for the past 10 years. While it may sound ridiculous, those are the only two situations in which a felony can be expunged. Outside of those two exceptions, a judge is not legally permitted to grant an expungement, meaning it is illegal for a judge to grant it. The judge may want to allow an expungement to allow a person to obtain a job or restore a person's gun rights, but the judge cannot do so. A person with a felony conviction... Learn More
Does a conviction of delivery or possession with intent prohibit gun possession or purchases?
Pennsylvania Drug Delivery Defense Lawyer YES. A person convicted of a felony is prohibited under Federal law from possessing or attempting to purchase a firearm and that is a lifetime prohibition, meaning it does not go away with the passage of time. Some people read online that felony convictions disappear from Pennsylvania records after a few years. That is not true. Felony convictions in Pennsylvania stay on the records forever. In order to restore gun rights, the person must get rid of the conviction, and the only way to get rid of the convcition is through the Pennsylvania pardon process. ... Learn More
What sentence am I facing for a Pennsylvania DUI?
Mandatory Minimum Sentences for Pennsylvania DUI Convictions A person convicted of Driving Under the Influence in Pennsylvania faces severe mandatory minimum penalties, including jail time, fines, license suspensions, treatment programs and classes, and installation of iginition interlock devices. Mandatory means that a judge is not permitted to impose a less severe sentence. People often hope that they can appear before a judge and ask for leniency, but the judge has no power to reduce a mandatory sentence. The judge may not want to suspend a person's license or may want to allow the person to drive to and from work,... Learn More
Can I get a limited license for my Pennsylvania DUI suspension?
Ignition Interlock Limited License (IILL) Eligibility Most people that accept ARD or are convicted of a Pennsylvania DUI face a mandatory license suspension. People often need to be able to drive in order to work, take care of children, and attend the counseling or DUI classes that are required. The Ignition Interlock Limited License (ILL) may be available to allow a person to drive anywhere and at any time. In the past, "limited" licenses often limited when and where a person could drive, meaning a person could normally only drive to and from work, medical appointments, or religious activities. Now,... Learn More
How long will my license be suspended for my Pennsylvania DUI?
In Pennsylvania, the penalties for a DUI are primarily based upon the tier level of the offense, the number of prior offenses, and whether the person is convicted or accepts ARD. There are three levels or tiers of penalties. For alcohol DUIs, the higher the blood alcohol level, the more severe the punishment. With a blood alcohol level of less than .10%, the charge is under the first tier and falls under 3802(a). With a blood alcohol level of more than .10% but less than .16%, the charge is under the 2nd tier and falls under 3802(b). With a blood... Learn More
What is a “prior offense” of DUI in Pennsylvania?
Determining whether or not a person has a “prior offense” is extremely important in Pennsylvania DUI cases because prior offenses substantially increase the severity of the DUI charge and thereby directly impact the range of sentences, including jail time, fines, and license suspensions, that a person will face. What is considered a “prior offense” for DUI charges in Pennsylvania has changed over the years. What may have been the law a few years ago may not be the law of Pennsylvania now. Interpreting 10-Year Look Back Window It must be emphasized that there is a difference between prior offenses for... Learn More
Chemical Test Refusal Q+A
An "implied consent law" basically states that any person who drives, operates, or is in actual physical control of the movement of a vehicle in Pennsylvania "consents" or agrees to submit to a chemical test to determine if the person has drugs or alcohol in their body. Pennsylvania's Implied Consent law is found at 75 Pa.C.S. 1547 and allows a police officer to require that the driver submit to a blood or breath test if the officer has "reasonable grounds" to suspect that the driver is: violating the DUI law under 75 Pa.C.S. 3802 driving on a DUI-suspended license and... Learn More
What are the ARD requirements for a DUI offense?
The basic idea behind the Accelerated Rehabilitative Disposition (ARD) program is that person pleads "not guilty" to the DUI charges, but the person agrees to comply with certain rules and complete requirements in order to complete the ARD program. Upon completion, the person can go through the expungement process to have the DUI charges removed from the criminal record, but a notation WILL remain on the person's driving record to track the ARD resolution as being a "prior offense" of DUI in Pennsylvania. In order to get the charges the dismissed, the person must successfully complete ARD. ARD Requirements for... Learn More
Why should I consult or hire a lawyer when my blood alcohol level was above the legal limit, so I am clearly guilty of the DUI offense?
Guilty of a DUI Another commonly held misconception is that a person charged with DUI cannot challenge a case if he or she submitted to a blood test. Admittedly, cases in which the DUI suspect submitted to a blood test and the test evidences a blood alcohol or controlled substance concentration above legal limits are difficult to defend. Generally, in order to win these cases, the defense lawyer must keep the test results from being admitted into evidence at trial. In some cases, the defense attorney may file a pre-trial motion and seek suppression of evidence by arguing that the... Learn More
The officer told me that I would get ARD for my DUI charges, so why should I talk to or hire a DUI defense lawyer?
DUI Defense Attorney The better question is why would you not talk to a lawyer when you are charged with a criminal offense. First, most Pennsylvania criminal defense lawyers offer free consultations, so it will not cost you anything to have an experienced Centre County DUI attorney review your case. Second, while the officer may have been nice, the officer's primary role in the criminal process is to assist the district attorney with the prosecution of the charges against you. If the officer was really that "nice," then why were you charged with DUI as opposed to being driven home... Learn More
I was arrested last night for a suspected DUI, submitted to a blood test after being taken to the hospital, but the officer released me without filing any charges or giving me any paperwork. Am I going to be charged with DUI?
Being Released with No Charges Most Centre County DUI cases and DUI cases across Pennsylvania occur in the above referenced manner. DUI charges are normally based upon whether or not drugs or alcohol are found in a person's blood and the amounts are over the legal limits. The police do not know the levels on the night of the arrest and will only know the levels weeks later after testing is complete. That is why charges are not filed right away and often take weeks or even months to be filed. When charges are filed, the officer normally files them... Learn More
How can the police officer charge me with DUI when they did not see me driving?
While we generally refer to the offense of DUI as Driving Under the Influence, Pennsylvania law actually prohibits a person from driving, operating, or being in actual physical control of the movement of a vehicle after consuming a sufficient amount of drugs or alcohol. The phrase "actual physical control" is not defined in the DUI law but has been explained in many Pennsylvania cases. For example, a person was found to be in actual physical control of a vehicle to justify a DUI charge when the car was parked on the berm of a road approximately fifty yards from the... Learn More
Can I have the charges dismissed because the officer did not tell me why I was being arrested and did not Mirandize me?
Officer Failed to Mirandize You Most people have watched a cop TV show and saw the officer Mirandize the suspect while the suspect is being arrested, so people assume that Miranda warnings must be given during an arrest. That is NOT the case. In Pennsylvania DUI cases, Miranda warnings are rarely given until after the suspect is required to submit to a blood or breath test. In order for Miranda to apply, a person must be: 1) in custody; and 2) being interrogated. "Interrogated" is when a police officer quetsions a person about his or her involcement in criminal activity. ... Learn More
Does completion of ARD for my DUI offense automatically result in the expungement of the charges from my record?
Expungement of Charges for Completion Successful completion of ARD gives a person charged with DUI the ability to have charges dismissed and expunged. Many people make the mistake of believing that the court or probation department will complete the dismissal and expungement process for them. Centre County, like most counties in Pennsylvania, do not complete the expungement process for a DUI defendant. Instead, the person must file a Motion to Dismiss, and, upon having the charges dismissed, a Petition to Expunge must be filed to have the dismissed DUI charges expunged. If the appropriate paperwork is not filed, then, not... Learn More
Can I avoid the license suspension by participating in ARD?
DUI License Suspension By pleading guilty or being convicted of a Driving Under the Influence charge in Pennsylvania, even a first time offender, most people face a 12 month license suspension. Many first time offenders are eligible to participate in the Accelerated Rehabilitative Disposition (ARD) Program. Participation in ARD avoids a conviction and thereby many of the mandatory minimum penalties associated with a conviction, like the mandatory jail time and mandatory fines. However, with the license suspension, it is not avoided but is instead substantially shortened. Instead of being a 12 month suspension, most people that accept ARD face a... Learn More
What Are Field Sobriety Tests?
According to the National Highway Traffic Safety Administration (NHTSA) website, NHTSA sponsored research that led to the development of field sobriety tests in 1975 and those tests have been used in driving under the influence investigations since 1981. In a DUI investigation, the police often administer Standardized Field Sobriety Tests (SFSTs) to develop probable cause and basically determine whether or not the driver is going to be arrested and required to submit to blood alcohol testing. The tests consist of the Walk-and-Turn, the One Legged Stand, and the Horizontal Gaze Nystagmus (HGN). The HGN or eye test is an involuntary... Learn More
I have a prior DUI, but the officer only charged me with a first offense DUI. Did the officer make a mistake and can the charge be changed in the future?
Yes. In Centre County and many counties across Pennsylvania, most, if not all, DUI charges are filed as first offenses on the Police Criminal Complaint that is filed by the officer with the district court. For people that have prior offenses of DUI within the last ten years, they are happy to see that the charge is a "first offense" and hope that neither the police nor the district attorney discovers the error. The first and most important issue is that a person charged with DUI should NOT tell the police officer about prior offenses. In the criminal system, a... Learn More
I was told that my DUI charges were expunged after I completed ARD, but the DUI charges appeared on a criminal background search. How could this happen and what can be done?
Charges on a Criminal Background SearchThe prosecuting attorney, the Pennsylvania State Police central repository, and the court are permitted to retain the names and criminal history record information of people charged with DUI and other criminal offenses that completed a pretrial or post-trial diversion or probation program and the court has ordered expungement of the records. The information is only to be used for purposes of determining eligibility for programs such as ARD in the future, identifying persons in criminal investigations, or for determining the grading of subsequent offenses. The information is available to any court or law enforcement agency... Learn More
How can the police charge me with a DUI when I refused the blood test or when my blood alcohol concentration was below the legal limit?
Being Charged with a DUI While DUI charges in Centre County are often based upon the amount of alcohol or controlled substances in a person's blood, Pennsylvania law allows an officer to file a charge that alleges that the DUI suspect had consumed or ingested a sufficient amount of alcohol or controlled substance so that the suspect was rendered incapable of driving safely. In a case in which the DUI suspect refused to submit to a blood test, the officer would not have direct, scientific evidence of the amount of alcohol or controlled substance in the DUI suspect's blood. The... Learn More
How can I be charged with DUI when I was riding a bike and not driving a vehicle?
The Pennsylvania DUI law applies to people operating a "vehicle" on roadways or trafficways. "Vehicle" is defined at 75 Pa.C.S. 102 as a "device upon which any person may be transported." So there is no requirement that the it is a motor vehicle. A motorless vehicle like a bike or skateboard can actually lead to DUI charges. which would include a bike. It can be argued that a Segway would be considered a "vehicle" and thereby subject to the Pennsylvania Vehicle Code. Because the alternative transportation devices used by people are likely to be considered vehicles, it is very important... Learn More
How can I be charged with a DUI if I was driving on private property and not on a highway?
Everyone knows that DUI laws apply to driving on "highways," meaning official roads in Pennsylvania. Many people do not realize that DUI laws can also apply to people when they drive on "trafficways," which are bascially roads that are on private property but are generally open or used by the public. For example, the Walmart parking lot is a trafficway. A parking garage is a trafficway. A road through a community is probably a trafficway, but, if the community is gated and thereby public access is limited, then the road is probably not a trafficway. If the road is not... Learn More
How can I be charged with DUI when I only took prescription medications or took lawful over-the-counter medications?
Getting Charged While Taking Legal MedicationsThe DUI law in Pennsylvania prohibits an individual from being under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely drive or operate a vehicle. Many common prescription and over-the-counter drugs can cause impairment and affect a person's ability to drive. If an officer believes that driver impairment is caused by drug use, the officer will often question the person about the types and amounts of medications and may thereafter request that the person submits to a blood test. If the officer believes that the... Learn More
Do the Police Need Probable Cause to Conduct a Traffic Stop?
The police need to have some level of suspicion that a driver broke the law in order to conduct a traffic stop, but it is not always clear whether they need probable cause or the lesser standard of reasonable suspicion. In the case of Commonwealth v. Chase , the Pennsylvnaia Supreme Court stated that a traffic stop can be based upon reasonable suspicion if there is somethign to investigate, meaning the officer believes that the stop will provide additional information concerning the suspected criminal activity. If the stop does not have an investigative purpose, then the officer must have probable... Learn More
How can I be charged with a DUI when I was not high while driving?
Per Se DUI Laws Pennsylvania's DUI law prohibits a person from driving, operating, or being in actual physical control of a motor vehicle with any amount of a Schedule I, II, or III controlled substance or a metabolite of such substance in his or her blood. While the DUI law prohibits a person from having "any amount" of a controlled substance in the blood, the Department of Health is actually required to prescribe minimum levels of controlled substances that must be found in the blood for the test results to be admissible in a DUI prosecution. The minimum levels of... Learn More
Can I have the DUI charge expunged from my Pennsylvania driving record?
Successful completion of ARD generally allows a person to have the charges dismissed and expunged if the appropriate paperwork is filed with the court. In DUI cases, the criminal record can be expunged but a notation of participation in the ARD program does remain on a person's Pennsylvania driving record for at least the next 10 years. ARD Counts as Prior Offense of DUI Participation in the ARD program counts as a "prior offense" of DUI in Pennsylvania. Therefore, if a person violates the Pennsylvania DUI law within 10 years of the date of ARD acceptance for a prior DUI,... Learn More
Is it legal to turn away from a Pennsylvania DUI checkpoint
Yes. A driver is permitted to turn away from or avoid driving through a DUI checkpoint as long as he or she does so in a lawful manner and before actually entering the checkpoint. In the case of Commonwealth v. Scavello, 734 A.2d 386 (Pa. 1999), the Pennsylvania Supreme Court discussed this very issue in a case in which a driver made a lawful U-turn to avoid entering a checkpoint. An officer stopped the driver solely because the driver had turned away from the checkpoint, and the officer discovered that the driver was underage and had been drinking. The driver... Learn More
Do I have to do field sobriety tests for a DUI stop in Pennsylvania?
No. A Pennsylvania driver is NOT required to complete those field sobriety tests, and there is NO punishment for refusing testing. The police are permitted to try and convince drivers to take the tests, including telling a driver that "if you pass, I will let you go," or "if you are not drunk, prove it by taking the tests." In order to arrest a suspected drunk driver and require the driver to submit to a blood or breath test to determine the blood alcohol concentration, the officer must have probable cause. If a driver fails field sobriety testing, then the... Learn More
What is an Order for Limited Access?
Sealing a Criminal Record - Order for Limited Access In Pennsylvania, an Order for Limited Access is basically what other states call the "sealing" of a record, meaning a record of the convictions still exist, but the records are not publicly accessible. Therefore, if a person obtains an Order for Limited Access, then the prior convictions should be sealed and thereby should not appear on criminal background searches. Section 9121(b)(3) of the Crimes Code expressly states that a “court or the Administrative Office of Pennsylvania Courts may not disseminate to an individual, a noncriminal justice agency or an Internet website... Learn More
Can I seal my record in Pennsylvania?
Seal a Pennsylvania Record - Order for Limited Access Eligibility A criminal record can prevent a person from getting a job, so many people want to know if they can get rid of a record through an expungement or sealing of the record. In Pennsylvania, a person convicted of a misdemeanor offense normally cannot obtain an expungement of the records. The next best thing to an expungement is to have the record sealed from public view, which requires a person to obtain an Order for Limited Access. Orders for Limited Access are not granted upon the need of a person, meaning a... Learn More
How do I seal a criminal record in Pennsylvania?
Sealing a Pennsylvania Criminal Record In order to seal a criminal record from public view in Pennsylvania, a person would need to obtain an Order for Limited Access. If a record is sealed, it means that the record is not publicly accessible and should not appear on future criminal background searches conducted by employers or landlords. While everybody wants to seal a criminal record, not every person with a conviction is eligible to obtain an Order for Limited Access. For example, in Pennsylvania, a person with a felony conviction can NOT obtain an Order for Limited Access, and the only... Learn More
What is the difference between an expungement and sealing a record?
Expungement or Sealing a Record in Pennsylvania In Pennsylvania, the expungement of a record means that the record is destroyed and removed from government databases. With sealing, technically called an Order for Limited Access in Pennsylvania, the record still exists but it is not publicly accessible. If a record is expunged, then no record should exist, and people cannot see or find a record that does not exist. With a sealed record, the public cannot see the record, meaning such records should not appear on criminal background searches. However, the police, prosecutors, and judge can generally see and consider such... Learn More
How does the expungement process work in Pennsylvania?
Pennsylvania Expungement Process An expungement is basically the destruction of court and law enforcement records. The process requires the preparation and filing of an expungement petition with the Clerk of Courts in the county in which the case was filed. The Rules of Criminal Procedure detail the information that must be included in the petition and documentation that must be attached to the petition. The Rules apply to everyone, both lawyers and non-lawyers. Failure to include the required information or attach the required paperwork will normally result in the expungement being denied or not being completed. Expungement Process Varies from... Learn More
Can I expunge my driving record in Pennsylvania?
NO. Pennsylvania does not allow a person to remove convictions or notations of suspensions from a Pennsylvania driving record. Expungements are not given based upon need or want, meaning a judge is not permitted to grant an expungement just because a person's need to have records destroyed in order to get a job or for some other reason. In order to obtain an expungement, the person must first be legally eligible. Pennsylvania law only permits expungements of certain records and in certain situtations. If a person is not eligible to have a matter expunged, the judge is not permitted to... Learn More
Do I need to report an expunged conviction of Underage Drinking?
Pennsylvania Criminal Charge Expungement Lawyer It is almost impossible to get a lawyer to give you a definitive "yes" or "no" answer, and the reason is that it really does depend upon the circumstances. The law on the issue is found at 18 Pa.C.S. 9122.5, which states that "except if requested or required by a criminal justice agency....an individual may not be required or requested to disclose information about the individual's criminal history record that has been expunged." It further states that "an individual required or requested to provide information in violation of this section may respond as if the... Learn More
If the charge is expunged, do I need to report that I was charged or convicted of the offense?
Pennsylvania Expungement Lawyer Pennsylvania criminal defense attorneys disagree on this issue. Some defense attorneys believe that an expungement and the destruction of the government records allow a person to treat the offense as if it never happened. State College criminal defense attorney Jason S. Dunkle believes that an expungement may result in the destruction of government records, but it does not change history, meaning it does not change what happened with the case. Expungements of criminal charges are generally permitted under section 9122 of the Crimes Code. Section 9102 defines the term "expunge" as "to remove information so that there... Learn More
Why did my expunged charge still appear on a background check?
Centre County Expungement Lawyer In the past, background search information was not obtained until a prospective employer requested information on a particular person, and the request triggered a search of government records. Now, many Internet background search companies upload the entire database of criminal cases such as misdemeanor Possession of Drugs, Furnishing Alcohol to Minors, Simple Assault, and even summary offenses like Underage Drinking from the Administrative Office of Pennsylvania Courts (AOPC). The company then has the records of all persons charged in Pennsylvania before a specific request for information about a particular person is made. When a request for... Learn More
Can I have a conviction or guilty plea to a summary offense expunged?
State College Summary Offense Expungement Lawyer Pennsylvania law allows for the expungement of summary offenses IF the person "has been free of arrest or prosecution for five years following the conviction for that offense." Basically, if a person has stayed out of trouble for five years, he or she is eligible to have a summary conviction expunged. The person must go through the expungement process. Again, eligibility simply allows a person to file an expungement petition, and to have a judge consider the request and render a decision. The expungement law expressly provides that such criminal history "may" be expunged,... Learn More
Can I expunge a felony or misdemeanor conviction from my record?
Criminal records can often prohibit a person from obtaining a good job and thereby supporting a family. Criminal records can also place limitations on a person's constitutional rights, such as prohibiting a person from possessing a firearm. Regrettably, under current Pennsylvania law, a person with a felon conviction cannot expunge or even seal the record. Expungements of misdemeanor convictions are only permitted in very limited circumstances. The Pennsylvania expungement law only allows for a misdemeanor conviction to be expunged if the person is over 70 and has been arrest free for 10 years or if the person has been dead for... Learn More
How can a judge deny my expungement request when the law says that I am eligible for expungement?
Centre County Expungement Law Firm Expungement eligibility does not mean that an expungement is mandatory. If a person is eligible to have a charge expunged, the person must file an expungement petition with the Clerk of Courts or Prothonotary in the county in which the case was filed. Eligibility is needed to be able to file an expungement petition and thereby have a judge consider the request. Most expungements are discretionary, meaning a judge has to consider various factors and determine whether or not to grant the expungement request. Most expungements are not mandatory, meaning a person is generally not... Learn More
Can a charge of Underage Drinking be expunged from the records?
State College Underage Drinking Charge Expungement Attorney Generally, a charge of Underage Drinking can be expunged under two circumstances: expungement of "non-conviction" information, meaning charges have been dismissed, withdrawn, or the person was found not guilty expungement of convictions and guilty pleas of Underage Drinking after the person has turned 21-years-old Expungement of Dismissed Charges As an attorney near Penn State University, I see many cases in which students and parents mistakenly think that a charge that is dismissed or withdrawn is removed from government records. That is simply not the case. The only way to have records destroyed and... Learn More
If the underage person lied to me, told me he over 21, and provided me with a false identification card, how can I be charged with Furnishing Alcohol to Minors?
Lying About Age A charge of Furnishing Alcohol to Minors under 18 Pa.C.S. 6310.1 requires proof that the person knew that the recipient of the alcohol was under 21. In the case of Commonwealth v. Scolieri, the Pennsylvania Supreme Court expressly stated that a conviction of Furnishing requires the Commonwealth to present evidence that it was known that the person was under 21. If the underage person lied about his or her age, that would be a viable defense to a charge under 6310.1. The prosecutor could still try to show that the furnisher did know that the person was... Learn More
Can the police follow a person from a liquor store and detain them after they exit the vehicle?
Many State College Furnishing Alcohol to Minors cases have the same basic fact pattern: Police conduct surveillance in parking lot of liquor store or beer distributor Police observe purchaser exit store and enter passenger side of car Police follow the vehicle After purchaser exits without ALL of the alcohol, the police detain the purchaser and they stop the vehicle The underage people often admit that they provided money to the purchaser to buy alcohol The purchaser is later charged with Furnishing Alcohol to a Minor under 18 Pa.C.S. 6310.1 Many people question whether or not this is legal. The answer... Learn More
The party at my place was BYOB, so how can I be charged with Furnishing Alcohol to a Minor?
Many people mistakenly believe that they can avoid criminal charges for Furnising Alcohol to a Minor if they host an underage drinking party but do not actually supply the alcohol, so a bring your own booze (BYOB) party. Regrettably, they are wrong, and ignorance of the law is NOT a defense. Legal Definition of "Furnish" The normal definition of "furnish" does mean to give or to supply. The problem is that the law is NOT normal, so there is a legal definition for the word "furnish." Under 18 Pa.C.S. 6310.6, the Crimes Code defines "furnishing" to include to "allow a... Learn More
How can I be charged with Furnishing Alcohol to Minors if the only witnesses were underage people that were drunk at the party?
Drunk Witnesses Many people ask how they can be charged with Furnishing Alcohol to a Minor if all of the witnesses were underage drinkers at the party. How can someone who was breaking the law be a valid witness? And how can a drunk person be a valid witness? Regrettably, being a drunk underage drinker does not render the person unable to testify against the furnisher, and the prosecution's case can be based on that testimony. A drunk person often does not make for a good witness in the future because a drunk person often has trouble perceiving what is... Learn More
How can I be charged with Furnishing when my roomates hosted the party?
Many people try to argue that they can't be charged and prosecuted for Furnishing Alcohol to a Minor in Pennslylvania is they didn't host a party and purchase and supply alcohol to the underage attendees. Regrettably, they are wrong in that assumption. First, a Pennsylvania charge of Furnishing Alcohol to a Minor under 18 Pa.C.S. 6310.1 prohibits a person from "furnishing" alcohol to an underage person. Furnish generally requires that a person give or supply the alcohol, BUT the legal definitation of "furnishing" as set forth in section 6310.6 of the Crimes Code includes to "allow a minor to possess... Learn More
How can the police prove that I knew that the underage person was not 21 years old and thereby prove me guilty of Furnishing Alcohol to a Minor?
Sufficiency of Evidence - Knowledge of AgeThe Pennsylvania Supreme Court expressly held in Commonwealth v. Scolieri that the prosecution attorney must prove that the person charged with Furnishing Alcohol to a Minor knew that the person furnished was underage. There are two issues that arise: 1) knowledge can be proven through circumstantial evidence; and 2) the police often file both the Furnishing Alcohol to a Minor charge under the Crimes Code and the Furnishing Alcohol to a Minor charge under the Liquor Code.The district attorney can generally only prove that a person knew that the person furnished was underage with... Learn More
How can I be charged with Furnishing Alcohol to a Minor when none of the underage people were charged?
The adage "two wrongs do not make it right" is somewhat applicable here. Just because a person drinks underage and thereby breaks the law does not mean that the provider of the alcohol cannot be charged with Furnishing Alcohol to a Minor. The fact that the underage person may have paid the furnisher to obtain the alcohol does not matter. The guilt of the underage person is completely irrelevant from a legal perspective. The issue is whether or not the person "furnished" alcohol, which means did the person supply, give, or allow the minor to drink at the person's residence... Learn More
How can I be charged with Furnishing Alcohol to a Minor when the police did not seize the “alcohol” and have it tested?
Testing the AlcoholThe Furnishing Alcohol to Minors charge prohibits a person from furnishing "any liquor or malt or brewed beverage." "Liquor" and "malt or brewed beverage" are both defined in section 6310.6 of the Crimes Code and both basically are beverages that contain 0.50% or more of alcohol by volume. In the past, in a Furnishing Alcohol to Minors case, the court generally did require that the beverage was tested so that the prosecution attorney had direct evidence that the beverage was 0.50% or more of alcohol by volume. The Pennsylvania Legislature then passed section 6312 of the Vehicle Code... Learn More
What are the penalties for Furnishing Alcohol to a Minor?
Charges of Underage Drinking and Furnishing Alcohol to a Minor go hand-in-hand, like peanut butter and jelly. The person that provides or buys the alcohol for a minor is in much more trouble than the person drinking that alcohol. Underage Drinking is a summary offense, but Furnishing Alcohol to a Minor is a misdemeanor offense in Pennsylvania, and the person must be fingerprinted and have a mugshot taken. Because of the fingerprint requirement, both the Pennsylvania State Police and the FBI will have a record of the charges. While a conviction of Furnishing Alcohol to a Minor is not the... Learn More
How can I be charged with Furnishing Alcohol to Minors when I am underage myself?
Some people believe that an underage person cannot be charged with furnishing alcohol to a minor because the underage person is not lawfully permitted to possess the alcohol. Years ago, this precise argument was made by a Centre County defense attorney, and this arguments was rejected by the Superior Court of Pennsylvania in the case of Commonwealth v. Lawson. The charge of Furnishing Alcohol to a Minor, found in Pennsylvania law at 18 Pa.C.S. 6310.1, states that a "person commits a misdemeanor of the third degree if he intentionally and knowingly sells or intentionally and knowingly furnishes, or purchases with... Learn More
Do the penalties for misdemeanor possession vary based on the drug?
Centre County Drug Possession Attorney In Pennsylvania, the normal charge for possession of a drug for personal use is ungraded misdemeanor under 35 P.S. 780-113(a)(16). The law covers possession of any drug except for small amounts of marijuana. If a person possesses less than 30 grams of marijuana for personal use, there is a special charge under 35 P.S. 780-113(a)(31) that is slightly less severe. Under subsection (a)(16), the ungraded misdemeanor offense carries a maximum sentence of one year in jail and a $5,000.00 fine. If the person has prior drug-related conviction, the maximum sentence increases to three years in... Learn More
Will an Underage Drinking conviction appear on a background search?
Underage Drinking in Pennsylvania is a summary offense that does NOT require a person to be "processed," which means a person is not fingerprinted. Without being processed, the Pennsylvania State Police and FBI do not have a record of the incident. If a background search is conducted only of those two databases, the Underage Drinking offense would not appear. However, there is another records database in Pennsylvania called the Administrative Office of Pennsylvania Courts (AOPC) that is publicly accessible and does reference summary offenses like Underage Drinking and Public Drunkenness. If the background search company searched the AOPC, a summary... Learn More
Should I expunge an Underage Drinking conviction?
Why Bother Having an Underage Drinking Conviction Expunged In Pennsylvania, Underage Drinking is only a summary offense, so NOT a misdemeanor or felony, which means that the conviction often is not viewed in a very negative light by most employers. While the Underage Drinking charge is only a summary offense, it is included in the Pennsylvania Crimes Code, and therefore many employers would consider the charge to be a "criminal offense." Therefore, if an employment application required a person to report all prior convictions for "any criminal offense," the applicant should report a conviction of Underage Drinking. Many employment applications... Learn More
How can I be charged with Underage Drinking when I was not given a breath or blood test?
Forensic Evidence Not Needed to Prove Underage Drinking Many people assume that the police must have forensic evidence of alcohol consumption, such as a blood or breath test, in order to file an Underage Drinking citation. Forensic evidence makes for an extremely strong case, such evidence is not required in an Underage Drinking case. A judge can find a person guilty of an offense based solely upon circumstantial evidence of impairment or intoxication, such as the odor of alcohol on a person's breath or body, bloodshot or glassy eyes, slurred speech, difficulty standing, swaying, vomit on clothing or face, and... Learn More
How can I be charged with Underage Drinking when I was only holding a beer for someone else and no one saw me drinking?
This question routinely arises in two situations in State College: 1) after a Penn State student is observed by an officer outside a Penn State football game holding a can of beer, and the person is charged with Underage Drinking; and 2) when the State College Police respond to a noise violation at a State College apartment, stumble upon an underage drinking party, and issue citations to people sitting around a coffee table covered in beer cans. People wonder how someone can be charged with Underage Drinking in either scenario. While we generally refer to the charge as "Underage Drinking,"... Learn More
What are the penalties for Underage Drinking in Pennsylvania?
In Pennsylvania, Possession or Consumption of Alcohol by a Minor, commonly referred to as "Underage Drinking" under 18 Pa.C.S. 6308, is classified as a non-traffic summary offense. The charge is NOT a misdemeanor or felony. A first offense of Underage Drinking is punishable by a maximum sentence of 90 days in jail and a $500.00 fine. While jail time is possible in an Underage Drinking case, judges rarely impose such a sentence. For second and subsequent offenses, the maximum sentence increases to a $1,000.00 fine. Many people think that a judge would never impose the maximum fine permitted by law. ... Learn More
Good Samaritan Law and Pennsylvania Underage Drinking Charges
Pennsylvania's Good Samaritan or immunity from prosecution in Underage Drinking cases is called "Safe Harbor" and is found at 18 Pa.C.S. 6308.1. The caller AND the person needing medical assistance are immune from prosecution IF certain conditions are met. The caller for medical assistance must follow certain rules. If the caller does not follow the immunity law requirements, then neither the caller NOR the person needing medical assistance is immune. Requirements for Immunity from Underage Drinking Prosecution The Safe Harbor law states that the caller shall not be prosecuted if he/she can show: that law enforcement or police only became... Learn More
Can I participate in a first-time offender for Underage Drinking?
Centre County Diversionary Programs for Summary Offenses Many first-time offenders of summary, non-traffic offenses like Underage Drinking, Public Drunkenness, Possession of a Fake ID, Retail Theft, and Disorderly Conduct are permitted by State College judges to participate in a first-time offender or pre-adjudicative disposition programs that allow for the dismissal of the charge. State College diversionary programs often require a person to pay court costs (no fines because the person is not convicted), complete community service, and complete counseling or education classes. The precise requirements of a diversionary program vary from judge to judge across the state of Pennsylvania, and... Learn More