If you have been arrested for DUI in Harrisburg, Pennsylvania, it is important that you receive the best defense. All too often a defendant may seek the lowest price attorney and say, 'I can't afford a good DUI Defense Attorney." Others will spend thousands of dollars unnecessarily to pay for experts who may not be helpful to your case.
A good DUI Attorney will fully and fairly evaluate a case before making any recommendation. Although you may be eligible for ARD, it may not be the best option for you. On the other hand, a trial may not be in your best interest.
At The Morgan Law Firm, we take every step to make sure your Harrisburg DUI is handled in the most cost-efficient manner possible. For a free evaluation, go to www.dui-case-evaluation.com
F. Dean Morgan, Esquire
www.CentralPennDUIDefense.html
1-888-821-9446
The Associates, Senior Attorneys and Staff of my firm represent individuals charged with DUI throughout Pennsylvania. In every case, including those eligible for the ARD Program, we always perform a full and fair evaluation of your case.
Wednesday, June 20, 2012
Tuesday, June 19, 2012
Hershey Concert Arrests
If you are planning to attend a concert in Hershey this year, you should be aware that the Derry Township Police Department, the Pennsylvania State Police, and other law enforcement agencies regularly patrol the parking lot looking for individuals who are engaged in Underage Drinking, Possession of Marijuana, Possession of Controlled Substances, Disorderly Conduct, and Public Intoxication.
If you have been cited or arrested in Hershey Park Stadium, you should contact an experienced Criminal Defense Attorney in Hershey. The Morgan Law Firm is prepared to represent you.
F. Dean Morgan
1-888-821-9446
www.HersheyCriminalDefense.com
If you have been cited or arrested in Hershey Park Stadium, you should contact an experienced Criminal Defense Attorney in Hershey. The Morgan Law Firm is prepared to represent you.
F. Dean Morgan
1-888-821-9446
www.HersheyCriminalDefense.com
Saturday, June 16, 2012
York County SCRAM Monitors: Legal for Bail?
If you have been arrested for a second or subsequent DUI offense in York County, you are likely wearing or have the possibility of wearing a SCRAM Monitor.
A SCRAM monitor is an alcohol sensing device. SCRAM is an acronym for Secure Continuous Remote Alcohol Monitor.
The purpose of bail is not to punish. Yet, for dozens of York County DUI Defendants, you are currently being punished by wearing the SCRAM Monitoring Device. Under a new policy that took effect on January 1, 2012, the Court now restricts a defendant's ability to consume alcohol. The use of alcohol has nothing to do with whether or not the person will appear for court to answer the charges. Moreover, the restriction on the use of alcohol does not impact the safety of one individual (such as a no-contact order imposed in a Domestic Violence Case). However, the use of a SCRAM Monitor does have one effect. It is used to speed up the judicial process and encourage defendants to plead guilty rather than having a full evaluation of their case.
If you have been charged with DUI in York County, we can help.
Contact me today.
F. Dean Morgan, Esquire
www.CentralPennDUIDefense.com
1-888-821-9446
A SCRAM monitor is an alcohol sensing device. SCRAM is an acronym for Secure Continuous Remote Alcohol Monitor.
The purpose of bail is not to punish. Yet, for dozens of York County DUI Defendants, you are currently being punished by wearing the SCRAM Monitoring Device. Under a new policy that took effect on January 1, 2012, the Court now restricts a defendant's ability to consume alcohol. The use of alcohol has nothing to do with whether or not the person will appear for court to answer the charges. Moreover, the restriction on the use of alcohol does not impact the safety of one individual (such as a no-contact order imposed in a Domestic Violence Case). However, the use of a SCRAM Monitor does have one effect. It is used to speed up the judicial process and encourage defendants to plead guilty rather than having a full evaluation of their case.
If you have been charged with DUI in York County, we can help.
Contact me today.
F. Dean Morgan, Esquire
www.CentralPennDUIDefense.com
1-888-821-9446
Friday, June 15, 2012
Begin at the Beginning of a Pennsylvania DUI: Your BAC is just another fact. It is not the most important.
We should start from the beginning and work our way to the end...
Unfortunately, most attorneys when contacted by someone who is accused of DUI in Pennsylvania will start with the end and never go more than a few steps back. For example, most attorneys will simply ask a potential client about their Blood Alcohol Content and their prior history. Then, the attorney will tell the client that they will "get you a good deal" or "I think we can get you into the ARD Program."
Well, ya know what? That is not what a lawyer is supposed to do. In fact, that is just crappy lawyering.
When I analyze a case, I begin at the beginning. I want to know exactly why you were stopped by the Police.
Section 6308 of the Pennsylvania Vehicle Code provides, “Whenever a police officer is engaged in a systematic program of checking vehicles or drivers or has reasonable suspicion that a violation of this title is occurring or has occurred, he may stop a vehicle, upon request or signal, for the purpose of checking the vehicle's registration, proof of financial responsibility, vehicle identification number or engine number or the driver's license, or to secure such other information as the officer may reasonably believe to be necessary to enforce the provisions of this title.” 75 Pa.C.S.A. 6308.
Traffic stops based upon reasonable suspicion: either of criminal activity or a violation of the motor vehicle code under the authority of Section 6308(b) must serve the stated investigatory purpose. Commonwealth v. Chase, 980 A.2d 108, 116 (Pa. 2008).
Mere reasonable suspicion will not justify a vehicle stop when the driver’s detention cannot serve an investigatory purpose relevant to the suspected violation. Commonwealth v. Feczko, 10 A.3d 1285 (Pa.Super 2010).
In such an instance, “it is encumbent [sic] upon the officer to articulate specific facts possessed by him, at the time of the questioned stop, which would provide probable cause to believe that the vehicle or the driver was in violation of some provision of the Code.” Id. Citing Commonwealth v. Gleason, 785 A.2d 983, 989. See also Chase, 960 A.2d at 116 (reaffirming Gleason’s probable cause standard for non-investigative detentions of suspected Vehicle Code violations).
Why is this important? Because this is how I have won cases. It is the reason I have had success. I look for success by beginning at the beginning. Unless your attorney knows how to fully and fairly evaluate a DUI case, you are going to lose. I don't like to lose DUI cases.
If you have been charged with a DUI in Pennsylvania, contact me today.
F. Dean Morgan, Esquire
1-888-821-9446
dean@fdeanmorgan.com
Unfortunately, most attorneys when contacted by someone who is accused of DUI in Pennsylvania will start with the end and never go more than a few steps back. For example, most attorneys will simply ask a potential client about their Blood Alcohol Content and their prior history. Then, the attorney will tell the client that they will "get you a good deal" or "I think we can get you into the ARD Program."
Well, ya know what? That is not what a lawyer is supposed to do. In fact, that is just crappy lawyering.
When I analyze a case, I begin at the beginning. I want to know exactly why you were stopped by the Police.
Section 6308 of the Pennsylvania Vehicle Code provides, “Whenever a police officer is engaged in a systematic program of checking vehicles or drivers or has reasonable suspicion that a violation of this title is occurring or has occurred, he may stop a vehicle, upon request or signal, for the purpose of checking the vehicle's registration, proof of financial responsibility, vehicle identification number or engine number or the driver's license, or to secure such other information as the officer may reasonably believe to be necessary to enforce the provisions of this title.” 75 Pa.C.S.A. 6308.
Traffic stops based upon reasonable suspicion: either of criminal activity or a violation of the motor vehicle code under the authority of Section 6308(b) must serve the stated investigatory purpose. Commonwealth v. Chase, 980 A.2d 108, 116 (Pa. 2008).
Mere reasonable suspicion will not justify a vehicle stop when the driver’s detention cannot serve an investigatory purpose relevant to the suspected violation. Commonwealth v. Feczko, 10 A.3d 1285 (Pa.Super 2010).
In such an instance, “it is encumbent [sic] upon the officer to articulate specific facts possessed by him, at the time of the questioned stop, which would provide probable cause to believe that the vehicle or the driver was in violation of some provision of the Code.” Id. Citing Commonwealth v. Gleason, 785 A.2d 983, 989. See also Chase, 960 A.2d at 116 (reaffirming Gleason’s probable cause standard for non-investigative detentions of suspected Vehicle Code violations).
Why is this important? Because this is how I have won cases. It is the reason I have had success. I look for success by beginning at the beginning. Unless your attorney knows how to fully and fairly evaluate a DUI case, you are going to lose. I don't like to lose DUI cases.
If you have been charged with a DUI in Pennsylvania, contact me today.
F. Dean Morgan, Esquire
1-888-821-9446
dean@fdeanmorgan.com
Thursday, June 14, 2012
Being a DUI "Defense" Lawyer
It seems there are hundreds of attorneys who say they are "DUI Defense Attorneys." Many are criminal defense attorneys who believe that DUI is just like any other crime. The truth is that DUI is not "another crime." Unlike Robbery or Burglary, DUI is a criminal act that requires absolutely no intent. In addition, it is a crime wherein two people can do the exact some thing and be punished differently.
If my wife an I each have 5 beers, her BAC will be higher merely because she is smaller than me. Thus, if we both drive home and are arrested, she may fact punishment greater than mine. Is that fair? Of course not.
Other Attorneys do not even concern themselves with a defense. Within minutes, the word ARD is mentioned and they tell you what a great deal that is for you. In truth, ARD is not a good deal. ARD is a punitive. ARD not a gift and it is certainly not a goal. Every month I show up in court to see an attorney whom I recognize from the civil circuit sitting in criminal court. I think, sometimes out loud, is his client really getting their money's worth.
I am left with one inescapable conclusion. The best DUI Defense Attorneys seek to defend their clients against the charges. The best DUI Defense Attorneys fully and fairly evaluate cases to achieve the best possible results. The best DUI Defense Lawyers do not make a recommendation after the first few minutes of a conversation. Instead, being the best DUI Lawyer means that you look for every possible means of avoiding conviction.
I am reminded of a client, D.B. Mr. B. called me one day to talk about his case. He had called 4 other lawyers to discuss his options. Each told him the same thing.. He would have to plead guilty or enter the ARD Program. Mr. B. was surprised when I told him that I would likely win his case. I carefully explained the elements of the offense to him as well as the reason that I did not believe that he would be convicted. He hired me immediately.
Mr. B. later told me that not one other attorney asked him what subsection of the DUI law he had been charged with. This is a critical concern for me because I knew that the subsection makes a difference. Once I knew the subsection and the facts, I was prepared to win.
At the preliminary hearing, the DA agreed to drop the charges. While I cannot promise you that I will win your case. I can promise that I will make every effort to win before I even think about compromising.
If my wife an I each have 5 beers, her BAC will be higher merely because she is smaller than me. Thus, if we both drive home and are arrested, she may fact punishment greater than mine. Is that fair? Of course not.
Other Attorneys do not even concern themselves with a defense. Within minutes, the word ARD is mentioned and they tell you what a great deal that is for you. In truth, ARD is not a good deal. ARD is a punitive. ARD not a gift and it is certainly not a goal. Every month I show up in court to see an attorney whom I recognize from the civil circuit sitting in criminal court. I think, sometimes out loud, is his client really getting their money's worth.
I am left with one inescapable conclusion. The best DUI Defense Attorneys seek to defend their clients against the charges. The best DUI Defense Attorneys fully and fairly evaluate cases to achieve the best possible results. The best DUI Defense Lawyers do not make a recommendation after the first few minutes of a conversation. Instead, being the best DUI Lawyer means that you look for every possible means of avoiding conviction.
I am reminded of a client, D.B. Mr. B. called me one day to talk about his case. He had called 4 other lawyers to discuss his options. Each told him the same thing.. He would have to plead guilty or enter the ARD Program. Mr. B. was surprised when I told him that I would likely win his case. I carefully explained the elements of the offense to him as well as the reason that I did not believe that he would be convicted. He hired me immediately.
Mr. B. later told me that not one other attorney asked him what subsection of the DUI law he had been charged with. This is a critical concern for me because I knew that the subsection makes a difference. Once I knew the subsection and the facts, I was prepared to win.
At the preliminary hearing, the DA agreed to drop the charges. While I cannot promise you that I will win your case. I can promise that I will make every effort to win before I even think about compromising.
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