CRIMINAL DEFENSE ATTORNEY IN WILKES-BARRE, PA

Criminal Defense in NEPA

I Know These Courts. I Know These Cases.

I’m James W. Barr. I’m a criminal defense attorney in Wilkes-Barre, PA with 17 years of experience in Northeast Pennsylvania. I handle everything from DUI defense to felony trials to appeals. I know how these cases move through Luzerne and Lackawanna County courts and what the process demands at each stage. If you have been charged with a crime in NEPA, call me. Our team picks up 24 hours a day, 7 days a week.

Our team picks up 24 hours a day, 7 days a week.

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What I Handle

I handle all phases of criminal defense in Pennsylvania. That includes the very first hearing and, if it comes to it, a federal appeal.

DUI Defense

DUI is the center of my practice. First offense, second offense, high BAC, drug impairment, boating under the influence. ARD applications. License suspension appeals. If you were charged with a DUI anywhere in NEPA, I’m your guy.

Preliminary Hearings

The preliminary hearing is your first court date after an arrest. The judge decides whether there is enough evidence to move your case forward. This hearing matters more than most people realize. I appear at every one.

Trials

I try cases. Felonies and misdemeanors. Bench trials and jury trials. I have taken cases to trial where the facts were difficult and won. If your case needs to go to trial, I am ready.

Appeals

If you received an unfavorable result, you may still have options. I am licensed to practice before all Pennsylvania courts and all federal appellate courts, including the United States Supreme Court. That is rare for a solo attorney in NEPA. Not all cases go that far, but if yours needs to, I can take it there.

ARD Applications

ARD is a pretrial program that allows eligible first-time offenders to avoid a conviction. Completing ARD may allow you to have the arrest expunged from your record. I handle ARD applications and know what it takes to build a strong one.

Specialty Court

Specialty Court is an alternative sentencing program for people who qualify. It involves treatment, supervision, and regular court appearances. It is not the right path for everyone, but for the right person it can make a real difference. I handle Specialty Court applications.

Gagnon 2 Hearings

A Gagnon 2 hearing is a formal proceeding where the court decides whether to revoke your probation or parole. These hearings move quickly. The stakes are real. I represent clients at Gagnon 2 hearings throughout NEPA.

Expungements and Record Sealing

A criminal record can follow you for years after a case ends. It can affect employment, housing, and professional licenses. In some situations, Pennsylvania law allows you to have a record expunged or sealed. I will look at your specific situation and tell you honestly what your options are.

Summary Appeals

Summary offenses are the lowest level of criminal charges in Pennsylvania, but a conviction still goes on your record. If you were convicted of a summary offense at the magisterial level, you have the right to appeal to the higher court within 30 days. I handle summary appeals.

Plea Negotiations

Most criminal cases resolve through a negotiated plea. The quality of that negotiation matters. After 17 years of plea negotiations in Luzerne and Lackawanna County, I know how these cases are typically valued, which facts carry weight, and where there is room to negotiate. That preparation makes a difference.

Theft, Assault, Firearms, and Drug Offenses

I handle the full range of criminal charges. Retail theft, simple assault, aggravated assault, illegal firearms possession, drug possession, drug delivery. If you have been charged with a crime in NEPA and are not sure whether I handle it, call and ask. The consultation is free.

Prior results do not guarantee a similar outcome.

Why Experience in NEPA Matters

Every court has its own rhythm. Every judge has their own expectations. Every prosecutor has their own tendencies. I have been practicing criminal defense in Luzerne County and Lackawanna County for 17 years. I know how things work here because I have been here, in these courtrooms, for a long time.

Before I opened my practice, I spent 6+ years serving the public as a full-time Assistant Public Defender and conflict counsel, handling the toughest cases and clients. I know what the prosecution looks for. I know where the weaknesses are. That perspective now works for you.

What Happens at a Preliminary Hearing?

Most people who are charged with a crime have never been through the system before. They do not know what to expect. Here is a plain-English explanation of how a criminal case typically moves in Pennsylvania.

After an arrest, you will have a preliminary hearing before a magisterial district judge. The judge decides whether there is enough evidence to send your case to a higher court. This is one of the most important moments in your case. Evidence can be challenged here. Charges can sometimes be reduced or dismissed here. The sooner you have an attorney, the better positioned you are at this stage.

After the preliminary hearing, your case may move to the Court of Common Pleas. From there, it may resolve through ARD, a plea agreement, or a trial. I will walk you through every step before you make any decisions.

Our team picks up 24 hours a day,
7 days a week.

What to Do If You Have Been Arrested

The most important thing you can do after an arrest is stop talking. Do not speak to the police about your case 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 most important thing you can do is call me. The earlier I am involved, the more options you have. Evidence gets collected quickly. Witnesses are contacted early. The window to act is shorter than most people realize.

Three Real Results That Show What Is Possible

These are real outcomes from real cases. Every case is different. But these examples show what can happen when the facts are on your side.

Not Guilty

Client admitted to drinking beer and smoking marijuana before driving. Jury returned not guilty.

All Charges Dismissed

Officer lacked probable cause for the traffic stop. All charges dismissed.

License Suspension Overturned on Appeal

Client refused chemical blood test. PennDOT suspended license. We appealed and won. One of the hardest results to achieve in DUI defense.