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DUI AND CRIMINAL DEFENSE FAQ

Frequently Asked Questions

I Know These Courts. I Know These Cases.

You just got charged. Maybe it happened last night. Maybe you have been sitting on it for a few days and finally decided to look things up. Either way, you have questions. Here are straight answers. No legal jargon. No runaround. If you do not see what you are looking for, call me. Our team picks up 24 hours a day, 7 days a week.
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DUI Questions

Not necessarily. It depends on the results of your blood or breath test, if any. A first offense at the lowest tier may result in no license suspension at all. Controlled substances and higher BAC levels carry longer suspensions. If you qualify for ARD, the suspension may be shorter. Call me and I will tell you exactly what you are facing before you make any decisions.
In most cases, yes. Your license is not automatically suspended the moment you are arrested. The suspension, if there is one, comes later. It either follows after your case resolves or through a separate PennDOT action if you refused a chemical test. Call me and I will tell you exactly where things stand.
No, you cannot get a work license (or “Occupational Limited License”) if you are suspended for DUI. You have to get an Ignition Interlock Limited License instead.

For many first-time offenders, jail is not required — and where jail is on the table? Not if I can help it. Pennsylvania offers alternatives, including the ARD program, that can help you avoid incarceration. Your BAC level and the specific charges matter. The higher the BAC tier, the more serious the mandatory minimums become. Call me and I will tell you honestly what you are looking at.

ARD stands for Accelerated Rehabilitative Disposition. It is a pretrial program for first-time offenders. If you are accepted and complete the program, you avoid a conviction. You may also be eligible to have the arrest expunged from your record entirely. ARD is not automatic. You have to apply and the district attorney has to approve you. Not everyone qualifies. I handle the application process for my clients.
ARD keeps you out of the conviction column entirely. If you complete it, you are not convicted of anything and you may be eligible for expungement. A plea agreement means you are pleading guilty or no contest to a charge. That results in a conviction on your record. The right choice depends on your situation, your BAC, your prior record, and your goals. I will go through both options with you honestly before you decide anything.
Refusing a chemical test triggers an automatic one-year license suspension through PennDOT. That happens separately from your criminal case. The refusal can also be used against you in court. I handle license suspension appeals, including cases where a client refused the test. I have won these appeals. They are difficult but they are possible. Prior results do not guarantee a similar outcome. Call me before you assume the suspension is permanent.
Field sobriety tests are physical tests the officer asks you to perform at the roadside. Refusing to perform them cannot be used against you in court, but the results can be used if you performed them. If you already took them, that is not necessarily the end of your case. The tests can be challenged if they were administered incorrectly.
Probable cause is the legal standard an officer must meet before pulling you over or placing you under arrest. If the officer did not have a valid reason to stop your vehicle, the stop may have been illegal. Evidence gathered during an illegal stop can sometimes be thrown out of court. This is one of the first things I examine in every DUI case I take.
A DUI conviction stays on your criminal record permanently unless you take legal action to remove it. If you completed ARD for a first offense, you may be eligible to have the arrest expunged after completing the program. Expungement removes it from most background checks. A conviction is significantly harder to clear. I can look at your specific situation and tell you what your options are.
Most DUI cases take several months to resolve. ARD cases can move faster once you are accepted into the program. Cases that go to trial take longer. A lot depends on the county, the court’s schedule, the specific charges, and the facts of your case. I will give you a realistic timeline once I have reviewed your paperwork.
Your first court date is called the preliminary hearing. It takes place before a magisterial district judge. The judge reviews the evidence and decides whether there is enough to send your case to a higher court. This is not a trial. You do not enter a plea here. It is, however, one of the most important hearings in your case. Evidence can be challenged at this stage and charges can sometimes be reduced or dismissed. I appear at every preliminary hearing for my clients.
After the preliminary hearing, your case moves to the Court of Common Pleas. The arraignment is a formal proceeding where the charges are read and you enter a plea. In many cases, the arraignment is waived, which means it is handled through paperwork rather than a court appearance. I will handle all of this for you and explain exactly what is happening at each stage.

Criminal Defense Questions

Stop talking. Do not speak to the police about your case. Do not discuss it with anyone without your attorney present. Anything you say can be used against you. That is not a figure of speech. It is how criminal cases are built. The second thing you should do is call me. The earlier I am involved, the more options you have.
Yes. And you would not be the first person to call me in that situation. My job is not to judge what happened. My job is to make sure the government proves its case correctly, that your rights were not violated, that any evidence against you was gathered lawfully, and that the outcome is as favorable as it can be given the facts. Even if you made a mistake, you still have rights. I will protect them.
A preliminary hearing is your first formal court date after an arrest. A magisterial district judge reviews the evidence and decides whether there is enough to move the case forward. This hearing is an opportunity to challenge evidence, cross-examine witnesses, and sometimes get charges reduced or dismissed. It is one of the most important stages of a criminal case. The sooner you have an attorney, the better.
A Gagnon 2 hearing is a formal court proceeding held when the government alleges you have violated your probation or parole. The judge decides whether to revoke your supervision and send you back to jail or prison. These hearings move quickly and the stakes are serious. I represent clients at Gagnon 2 hearings throughout Luzerne County and Lackawanna County.
It depends on the charge and how your case resolved. If you completed ARD, you are generally eligible for expungement after the program. Summary offense convictions may be expungable after a certain period with a clean record. Most misdemeanor and felony convictions are harder to clear, though Pennsylvania does have a limited record sealing process for some offenses. I will look at your specific record and tell you honestly what is possible.
Felonies are the more serious category of criminal charges. They carry longer potential sentences and have more severe long-term consequences for employment, housing, and civil rights. Misdemeanors are less serious but still result in a criminal record if you are convicted. Both deserve a serious defense. I handle both.
A summary offense is the lowest level of criminal charge in Pennsylvania. Common examples include disorderly conduct, underage drinking, and certain traffic violations. A conviction still goes on your record. If you were convicted of a summary offense at the magisterial level, you may have the right to appeal for a new trial at the Court of Common Pleas. I handle summary appeals.

General Questions

If you think you can’t afford a good lawyer, imagine how costly it could be to hire a bad one. Call me and we will talk. The consultation is free.
Yes. I handle cases throughout Northeast Pennsylvania, including Luzerne County, Lackawanna County, and surrounding areas. I am also licensed to practice in all Pennsylvania and federal appellate courts, including the United States Supreme Court.
Yes. Your first consultation is free. Call us and we will review your situation before you make any decisions. Our team picks up 24 hours a day, 7 days a week.
As soon as possible. The earlier I am involved, the more options you have. Evidence gets collected quickly. Witnesses are contacted early. There are also deadlines that apply in certain situations, including license suspension appeals, where waiting too long can cost you legal options that cannot be recovered. Call now.