What should I do if I’m arrested for Driving Under the Influence (DUI) in Pennsylvania?

If you’re arrested for Driving Under the Influence (DUI) in Pennsylvania, the first thing you should do is remain calm and cooperate with law enforcement.  You should not refuse a breath or chemical test as that brings additional consequences. You have the right to remain silent and to request a criminal defense lawyer immediately. DUI charges can have serious consequences, including license suspension, fines, and even imprisonment. Your blood alcohol content (BAC) will play a significant role in your case, as will the results of any field sobriety testing or breathalyzer tests conducted by the police.  Again, it is crucial to cooperated with a blood or breath test if instructed to do so.

It’s crucial to contact an experienced DUI attorney near you as soon as possible. At Miller Lyden P.C., we specialize in DUI defense and understand the intricacies of Pennsylvania’s DUI laws. We will evaluate the evidence against you, including BAC levels, police procedures, and potential violations of your rights, to build a strong defense. Our goal is to minimize the impact of the charges on your life, whether through negotiating a plea bargain or challenging the evidence in court.

What are the potential consequences of a felony conviction in Pennsylvania?

A felony conviction in Pennsylvania carries severe consequences that can affect every aspect of your life. Felonies are the most serious category of crimes and can lead to long-term imprisonment, hefty fines, and a permanent criminal record. Common felony charges include violent crimes like assault, homicide, and robbery, as well as non-violent offenses such as fraud, identity theft, and drug trafficking.

Beyond the legal penalties, a felony conviction can also result in loss of certain civil rights, such as the right to vote or possess firearms, and can make it difficult to find employment or housing. Additionally, a felony on your criminal record can impact your reputation and limit future opportunities. If you’re facing felony charges, it’s crucial to have a skilled criminal defense lawyer by your side. At Miller Lyden P.C., we have the knowledge and experience to navigate the complexities of felony cases, ensuring that your rights are protected and that you receive a fair trial.

How does the criminal procedure work in Pennsylvania?

The criminal procedure in Pennsylvania involves several stages, each of which is critical to the outcome of a case. The process typically begins with an arrest, followed by a preliminary hearing where the judge determines if there is enough evidence to proceed to trial. During this phase, your criminal defense lawyer can challenge the evidence and argue for a dismissal of charges.

If the case moves forward, it proceeds to arraignment, where you enter a plea of guilty or not guilty. If you plead not guilty, your case will go to trial. At trial, both the prosecution and defense present evidence, and witnesses may testify. The jury (or judge in a bench trial) then deliberates and returns a verdict. If convicted, the sentencing phase follows, where the judge determines the appropriate punishment based on the severity of the crime, your criminal record, and other factors.

Throughout this process, having an experienced defense lawyer is crucial. At Miller Lyden P.C., we guide our clients through every step of the criminal procedure, from arrest to trial and beyond, ensuring that their rights are protected at all times.

What are my rights during a police traffic stop in Pennsylvania?

During a traffic stop in Pennsylvania, you have certain rights that are protected under the law. First and foremost, you have the right to remain silent and not answer any incriminating questions from the police. You are also entitled to refuse a search of your vehicle unless the police have probable cause or a warrant.

If you’re suspected of DUI, you may be asked to perform field sobriety testing or take a breathalyzer test. While Pennsylvania’s implied consent law requires you to submit to BAC testing, you can still refuse.  Refusal is not advised as doing so will result in immediate license suspension and other penalties including an increased exposure to fines and incarceration.

If you believe your rights were violated during a traffic stop, it’s crucial to speak with a criminal defense lawyer as soon as possible. At Miller Lyden P.C., we defend clients against unlawful searches, improper arrests, and other violations of their rights, ensuring that any evidence obtained illegally is not used against them in court.

How can a criminal defense lawyer help if I’m charged with a violent crime?

Being charged with a violent crime such as assault, robbery, or homicide is a serious matter that requires immediate legal representation. A skilled criminal defense lawyer can help by thoroughly investigating the charges, analyzing the evidence, and building a strong defense strategy. This may involve challenging the prosecution’s data, presenting alternative theories of the crime, or negotiating a plea bargain to reduce the charges or penalties.

These cases often involve complex legal and forensic issues, making it essential to have a lawyer with experience in handling such cases. At Miller Lyden P.C., we have a deep grasp of Pennsylvania’s criminal laws and procedures and have successfully defended clients against a wide range of these charges. Our goal is to protect your rights, secure your freedom, and achieve the best possible outcome in your case.

What is the Accelerated Rehabilitative Disposition (ARD) program, and am I eligible?

The Accelerated Rehabilitative Disposition (ARD) program is a pretrial intervention program in Pennsylvania designed for first-time, non-violent offenders. The program offers an alternative to traditional criminal prosecution, allowing eligible individuals to avoid a criminal record by completing a period of probation, community service, and other court-ordered requirements. Successful completion of the ARD program results in the dismissal of charges and the possibility of expunging the arrest from your record.

Eligibility for the ARD program is typically limited to first-time offenders who have not been previously convicted of a crime. Common offenses that may qualify for ARD include first-time DUI charges, minor drug offenses, and certain types of theft. However, not everyone is eligible, and the program is subject to approval by the district attorney.

If you’re interested in exploring ARD as an option, it’s important to consult with a criminal defense lawyer who can assess your eligibility and guide you through the application process. At Miller Lyden P.C., we have extensive experience helping clients gain admission to the ARD program and successfully complete its requirements, allowing them to move forward without the burden of a criminal record.

What are the steps involved in defending against a criminal charge in Pennsylvania?

Defending against a criminal charge in Pennsylvania involves several critical steps, each of which requires careful planning and execution. The process typically begins with an initial consultation with a criminal defense lawyer, where the details of your case are reviewed, and potential defense strategies are discussed. If you’re facing serious charges, your lawyer will conduct a thorough investigation, gathering evidence, interviewing witnesses, and consulting with forensic experts if necessary.

Next, your lawyer may file pretrial motions to challenge the admissibility of certain evidence, seek to dismiss charges, or request a change of venue. If your case proceeds to trial, both the defense and prosecution will present their evidence, call witnesses, and make arguments before a judge or jury. Your lawyer’s role is to create reasonable doubt in the minds of the jurors, cross-examine witnesses, and present a compelling case in your defense.

If convicted, your lawyer may explore options for appeal or work to secure a favorable sentence. Throughout the process, it’s crucial to have a defense lawyer who understands Pennsylvania’s criminal laws, procedures, and the intricacies of the local court system. At Miller Lyden P.C., we provide comprehensive legal representation from start to finish, ensuring that every aspect of your defense is handled with the utmost care and expertise.