Under ⁠Pennsylvania law⁠, you can’t be found guilty of a DUI unless you were in “actual physical control” of the vehicle. If the police are claiming you were driving, that is “actual physical control.”

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Driving under the influence (DUI) is a criminal charge in Pennsylvania.  It can—sometimes, but not always—lead to incarceration.  If you’ve ever seen the billboards that say “DUI—you can’t afford it” –this is true.  DUI cases are expensive—not only in lawyer fees but in all the other fees from the court, probation and fines.

For more information visit our ⁠website⁠.

Driving under the influence (DUI) is a criminal charge in Pennsylvania.  It can—sometimes, but not always—lead to incarceration.

When someone is pulled over for a suspected DUI, the police are usually drawn to the person’s attention because of a traffic violation—for example, speeding, driving too slow for traffic, erratically crossing lines or weaving in a lane, etc. Certainly, police target certain individuals and at certain times of day—in my opinion, a police officer observing a traffic violation of a 20-year-old man driving alone at 2:00 a.m. will likely view that person differently than the same traffic violation being committed by an 80-year-old woman at 4:00 in the afternoon.

Over the course of many years in the criminal courts, I’ve occasionally come across people who’ve gotten in trouble with the police and courts and have a military service background. The root causes can vary—PTSD, depression, anxiety and other legitimate mental health diagnoses can arise from military service and sometimes rear their ugly heads long after service is over. In addition, many vets suffer from addiction issues, which then often spill over into criminal court in the form of DUI cases, domestic violence, drug possession, trespassing and transiency.

I’ve never served in the military, but deeply appreciate the brave persons that do. My grandfather was a lieutenant colonel and a pilot, and died during a mission in Korea when his plane was shot down. Out of respect for what vets of all stripes have gone through, I offer services in criminal courts at a deep discount. If you are a vet with a general, medical or honorable discharge, I will help you through the court system at a much reduced rate, generally half of what I would typically charge for a case. Just call me to talk about it.

If you are charged with a crime in the Lehigh Valley, then you need to get a criminal defense attorney.  The first question you face is where to seek an attorney.  You can ask family and friends, look online, do some research.  The most important thing, however, is to hire a criminal defense attorney who practices law in the area where your case is pending.  If you make the mistake of hiring an attorney from elsewhere, you will end up regretting it.

While you may not be seeking to have a trial in your own case, the way to get the best deal is by hiring an attorney with experience in trials, because he or she will have a reputation for not shying away from a difficult case, and hopefully, a reputation for winning. This is what makes prosecutors offer you a better deal. 

When you are considering which attorney to hire, ask him or her how many jury trials he or she has had, and how many were won. If the attorney backs away from the questions or tries to confuse you, take this as a sign that the attorney has little experience (and maybe none!) in doing a jury trial. This means that most likely, the deal offered to you won’t be very generous, because your attorney is not known to ever fight cases.

Under Pennsylvania law, robbery and burglary are higher felonies, whereas, theft is usually a misdemeanor, unless it is a lot of money taken or a high value item like a car that is stolen. Very often people say “my house got robbed,” when they really mean burglarized. Or they will say there was a theft from the cash register—if the thief broke in, it’s a burglary, plus a theft, and if there was a threat or violence at all involved, it’s also a robbery. If you are charged with any of these, you should consult with an experienced criminal defense attorney, to understand what qualifies and does not qualify as a crime.

When someone is pulled over for a suspected DUI, the police are usually drawn to the person’s attention because of a traffic violation—for example, speeding, driving too slow for traffic, erratically crossing lines or weaving in a lane, etc. Certainly, police target certain individuals and at certain times of day—in my opinion, a police officer observing a traffic violation of a 20-year-old man driving alone at 2:00 a.m. will likely view that person differently than the same traffic violation being committed by an 80-year-old woman at 4:00 in the afternoon.

If you are charged with a crime in the Lehigh Valley, then you need to get a criminal defense attorney.  The first question you face is where to seek an attorney.  You can ask family and friends, look online, do some research.  The most important thing, however, is to hire a criminal defense attorney who practices law in the area where your case is pending.  If you make the mistake of hiring an attorney from elsewhere, you will end up regretting it.