Criminal Defense
Whether you have received a traffic citation or have been arrested on criminal charges, the firm of Durney Worthington & Madden is here to assist you in navigating the criminal process. Our firm is committed to protecting the rights of our clients by working tirelessly to ensure you receive the best outcome possible.
The criminal justice system can be confusing and complex. If you do not hire a lawyer you may make decisions without fully knowing and understanding the long term consequences. It is critical that you hire an attorney who not only understands the process but who is willing to take the time to explain each step to you. The firm of Durney Worthington & Madden prides itself on its hands-on approach and the personal attention each client receives.
If you or a loved one has been charged with a criminal offense please take the time to contact us to learn how our firm can help you safeguard your rights.
Traffic FAQ
It is important to contact an attorney before you enter a guilty plea to a traffic citation. There are several traffic violations that will result in points being added to your license.
If you accumulate 6 points on your driving record, PennDOT may take a number of different actions depending on how many times you have accrued 6 points.
If it is the first time you have accrued 6 points, you will most likely be required to take a written Special Point Exam. So long as you pass this exam within 30 days, 2 points will be removed from your record and you will be permitted to continue driving in Pennsylvania. If you do not pass, or you fail to take the exam within the required period of time, you will receive a license suspension.
If your driving record is reduced because you passed the Special Point Exam and you receive another citation within 12 months which causes you to again reach 6 points, you will be required to attend a department hearing with a PennDOT examiner to determine whether your license should be suspended.
More importantly, some traffic violations will also result in a mandatory license suspension.
License suspensions in Pennsylvania can be for 15 days, 3 months, 6 months, or even up to 1 year depending on the traffic violation.
If you fail to respond to a traffic citation in Pennsylvania, the Magistrate’s office will notify PennDOT and PennDOT will suspend your license until you respond to the citation.
If you continue to drive while your license is suspended and are pulled over, the police can and will issue you a traffic citation for driving with a suspended license.
If you are found guilty of driving with a suspended license you will automatically receive a 1 year license suspension.
Once you enter a plea, whether it is guilty or not guilty, the Magistrate will tell PennDOT that you have responded and the suspension will be lifted.
Keep in mind, however, that some traffic violations come with an automatic license suspension if you enter a guilty plea so it is important to consult a lawyer before you decide how to resolve your case.
Our office is only licensed to practice in Pennsylvania. As such, we advise our out-of-state clients to consult first with an attorney in their home state to determine whether their state will apply points for an out-of-state conviction.
Please keep in mind, you are still required to respond to the traffic citation. If you simply ignore the citation, the Magistrate’s office will notify PennDOT and PennDOT will then notify your state’s licensing department. Your state may suspend your driver’s license until you respond to the citation. Additionally, your driving privileges in Pennsylvania will be suspended until you respond to the citation.
In addition to the accumulation of points and/or license suspension discussed above, individuals who are driving commercial vehicles may also receive citations that are considered Serious Traffic Offenses, the accumulation of which may cause a suspension of your CDL. It is important to consult with a lawyer to determine whether the citation you received is considered a Serious Traffic Offense.
DUI FAQ
Although fairly standard, PA DUI laws have changed over the past 5 years and may continue to face additional changes with the recent legalization of medical marijuana. As a result, it is extremely important to contact a lawyer if you are charged with driving under the influence of alcohol or a controlled substance.
Additionally, and more importantly, there are 67 different counties in Pennsylvania. Each county has its own process for handling DUIs, particularly first offense DUIs. When contacting an attorney, you should make sure that he/she has experience in the county in which you are charged.
You are very rarely formally charged with a DUI the same night you are arrested. Typically, the police will wait for the bloodwork to come back to see if you are above the legal limit and/or whether you have any controlled substances in your system.
Once the blood test comes back, the police will file criminal charges and you will receive paperwork in the mail from the Magistrate’s office. The paperwork will include a copy of the Criminal Complaint, an application for the Public Defender’s office and a Scheduling Order which will have the date and time of your preliminary hearing.
The preliminary hearing is your first court appearance. It is also the first time the attorney from the Commonwealth (an assistant district attorney), and the police officer who filed the charges will talk about your case.
For a first offense DUI you can proceed one of three ways:
Request a hearing be held. During the hearing, the officer will tell the Magistrate about his or her observations of you when you were pulled over and will tell the Court the results of the blood test. Your attorney will then have the opportunity to ask questions of the officer;
Waive your preliminary hearing (meaning you choose not to have a hearing) and apply for admission into the A.R.D. (Accelerated Rehabilitation Disposition) program; or
Enter a guilty plea to DUI, General Impairment as a first offense.
The following individuals will be treated as though they have a first offense DUI:
Individuals who have never had a DUI before in Pennsylvania or any other state; or
Individuals who have a prior DUI but whose DUI occurred more than 10 years from the date of the current offense.
If you have had a prior DUI, you should contact an attorney to determine whether your current offense falls within the 10 year look back period.
Whether your license will be suspended will depend on a variety of factors and will depend on whether you enter into the ARD program, are convicted of a DUI, or enter a guilty plea.
If you decide to enter into the ARD program and successfully complete the program, you will be able to have the criminal charges dismissed and expunged from your criminal record. The DUI will remain on your driving record permanently.
Please note: in Monroe County, the expungement petition is not automatically done when you complete the ARD program. You must contact an attorney to file a Petition for Expungement. Your case will not be dismissed and expunged unless and until a petition is filed.
Under Pennsylvania law there are mandatory minimum sentences that are applied to repeat offenders. The mandatory minimum sentence will vary depending on the amount of alcohol and/or the presence of any controlled substances and what number the offense is (i.e. second, third or fourth).
Mandatory minimum sentences are mandatory. The Court must impose the required sentence under the law. However, there are different sentencing alternatives the Court may consider which include the use of electronic home monitoring or giving an individual credit for time spent in inpatient drug and alcohol treatment.
Yes, everyone who has been charged with a DUI and who wants to be admitted into the ARD program OR has chosen to enter a guilty plea is required to obtain a drug and alcohol evaluation.
An evaluation called a Court Reporting Network (CRN) evaluation is required for every person who wants to be accepted into ARD.
To obtain your CRN evaluation please call DUI Services of Monroe County at 570-476-8080. Please note, you can only get your CRN evaluation in the county where the offense occurred.
For example, if your DUI occurred in Monroe County, you can only get your CRN evaluation at DUI Services of Monroe County.
If your CRN Evaluation recommends you receive a comprehensive drug evaluation or a comprehensive alcohol evaluation, the Court will make obtaining one a requirement.