EXPERTS IN CRIMINAL DEFENSE

If  you or someone you love is the subject of an investigation or has been arrested or accused of a criminal charge, you should speak to an experienced criminal law attorney immediately.  Buchanan Law is here to help.  We have defended virtually every type of crime, including but not limited to: 

• Major Crimes
• Driving Under the Influence (DUI/DWI)
• Homicide by Vehicle while DUI, Aggravated Assault while DUI/DWI
• Drug Offenses
• Sexual Assault and Offenses
• White Collar Offenses
• Childline Appeals and Children and Youth Matters
• Traffic Offenses 
• Non-Traffic Summary Violations
• Juvenile Offenses
• License Restoration and Suspension Appeals
• Violation of Probation/Parole Hearings
• Sentence Mitigation
• Pre-Trial Diversion (ARD, Drug Court, Veterans Court, Mental Health Court, and Youthful Offender Program)
• Specializing in Drug, Alcohol, and Mental Health Law

Admitted in Pennsylvania, we are proud to serve the following locations (and more):
Bucks County, Montgomery County, Lehigh County, Delaware County, Quakertown, Newtown, Langhorne, Bensalem, Warminster, Middletown, Feasterville, Upper Southampton, Lower  Southhampton, Bristol, Levittown, Perkasie, Sellersville, Northampton, Bedminster,  Buckingham, Chalfont, Doylestown, Falls Township, Hulmeville,  Ivyland, Lower Makefield Township, Morrisville, New Britain,  New Hope, Nockamixon, Penndel, Plumstead, Richland, Richlandtown, Solebury, Springfield, Telford, Tinicum,  Tullytown, Upper Makefield, Warrington, Warwick, West Rockhill,  Wrightstown, Yardley 

We also do the following:

• Pardons and Expungements
• Restoration of Firearm Rights

This is when things get very real. If you are charged with a major felony offense, the District Attorney is not looking to put you in jail, they want you in a state prison. You need a criminal defense lawyer and you need one immediately. When choosing a lawyer, MAKE IT COUNT. Simply hiring the cheapest lawyer you can find will only make the District Attorney happy. You need a lawyer that knows the police officer, the District Attorney, and the Judges. You need a lawyer that is not afraid to stand up for you. If you are charged with a Major Crime in Bucks, Montgomery, or Lehigh County, you need an experienced and skilled criminal defense lawyer from Buchanan Law on your side.

When discussing Major Crimes, it is important to know what is at stake. The grading of the offense determines the statutory maximum. In Pennsylvania, those maximums are as follows:

• Felony of the 1st Degree   =  20 Year Maximum Sentence
• Felony of the 2nd Degree   = 10 Year Maximum Sentence
• Felony of the 3rd Degree  = 7 Year Maximum Sentence
• Ungraded Felony = Usually 7 Years, but can vary for Drug Offenses
• Misdemeanor of the 1st Degree = 5 Year Maximum Sentence
• Misdemeanor of the 2nd Degree = 2 Year Maximum Sentence
• Misdemeanor of the 3rd Degree = 1 Year Maximum Sentence
• Ungraded Misdemeanor = Usually 1 Year, but can vary for Drug Offenses
• Summary Offense = Up to 90 Days 

(a) Offense defined - A person commits the offense of burglary if, with the intent to commit a crime therein, the person:

(1)  (i)  enters a building or occupied structure, or separately secured or occupied portion thereof, that is adapted for overnight accommodations in which at the time of the offense any person is present and the person commits, attempts or threatens to commit a bodily injury crime therein;

(ii)  enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense any person is present;

(2)  enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense no person is present;

(3)  enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense any person is present; or

(4)  enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense no person is present.

(b)  Defense - It is a defense to prosecution for burglary if any of the following exists at the time of the commission of the offense:

(1)  The building or structure was abandoned.

(2)  The premises are open to the public.

(3)  The actor is licensed or privileged to enter.

(a)  Offense defined - (1)  A person is guilty of robbery if, in the course of committing a theft, he:

(i)  inflicts serious bodily injury upon another;

(ii)  threatens another with or intentionally puts him in fear of immediate serious bodily injury;

(iii)  commits or threatens immediately to commit any felony of the first or second degree;

(iv)  inflicts bodily injury upon another or threatens another with or intentionally puts him in fear of immediate bodily injury;

(v)  physically takes or removes property from the person of another by force however slight; or

(vi)  takes or removes the money of a financial institution without the permission of the financial institution by making a demand of an employee of the financial institution orally or in writing with the intent to deprive the financial institution thereof.

(2)  An act shall be deemed "in the course of committing a theft" if it occurs in an attempt to commit theft or in flight after the attempt or commission.

(3)  For purposes of this subsection, a "financial institution" means a bank, trust company, savings trust, credit union or similar institution.

(b)  Grading.

(1)  Except as provided under paragraph (2), robbery under subsection (a)(1)(iv) and (vi) is a felony of the second degree; robbery under subsection (a)(1)(v) is a felony of the third degree; otherwise, it is a felony of the first degree.

(2)  If the object of a robbery under paragraph (1) is a controlled substance or designer drug as those terms are defined in section 2 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, robbery is a felony of the first degree.

(a)  Offense defined - A person is guilty of aggravated assault if he:

(1)  attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;

(2)  attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty;

(3)  attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty;

(4)  attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon;

(5)  attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school;

(6)  attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury; 

(7)  uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or noxious gas in labor disputes) or uses an electric or electronic incapacitation device against any officer, employee or other person enumerated in subsection (c) while acting in the scope of his employment;

(8)  attempts to cause or intentionally, knowingly or recklessly causes bodily injury to a child less than six years of age, by a person 18 years of age or older; or

(9)  attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to a child less than 13 years of age, by a person 18 years of age or older.

(b)  Grading.--Aggravated assault under subsection (a)(1), (2) and (9) is a felony of the first degree. Aggravated assault under subsection (a)(3), (4), (5), (6), (7) and (8) is a felony of the second degree.

(a)  Offense defined - Except as provided in subsection (a.1), a person is guilty of kidnapping if he unlawfully removes another a substantial distance under the circumstances from the place where he is found, or if he unlawfully confines another for a substantial period in a place of isolation, with any of the following intentions:

(1)  To hold for ransom or reward, or as a shield or hostage.

(2)  To facilitate commission of any felony or flight thereafter.

(3)  To inflict bodily injury on or to terrorize the victim or another.

(4)  To interfere with the performance by public officials of any governmental or political function.

(a.1)  Kidnapping of a minor.--A person is guilty of kidnapping of a minor if he unlawfully removes a person under 18 years of age a substantial distance under the circumstances from the place where he is found, or if he unlawfully confines a person under 18 years of age for a substantial period in a place of isolation, with any of the following intentions:

(1)  To hold for ransom or reward, or as a shield or hostage.

(2)  To facilitate commission of any felony or flight thereafter.

(3)  To inflict bodily injury on or to terrorize the victim or another.

(4)  To interfere with the performance by public officials of any governmental or political function.

(b)  Grading.--The following apply:

(1)  Kidnapping under subsection (a) is a felony of the first degree. A removal or confinement is unlawful within the meaning of subsection (a) if it is accomplished by force, threat or deception, or, in the case of an incapacitated person, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare.

(2)  Kidnapping under subsection (a.1) is a felony of the first degree. A removal or confinement is unlawful within the meaning of subsection (a.1) if it is accomplished by force, threat or deception, or, in the case of a person under 14 years of age, if it is accomplished without consent of a parent, guardian or other person responsible for general supervision of his welfare.

(a)  Offense defined - A person commits a felony of the first degree if he steals or takes a motor vehicle from another person in the presence of that person or any other person in lawful possession of the motor vehicle.

(b)  Sentencing - The Pennsylvania Commission on Sentencing, pursuant to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for an offense under this section.

(a)  Arson endangering persons - 

(1)  A person commits a felony of the first degree if he intentionally starts a fire or causes an explosion, or if he aids, counsels, pays or agrees to pay another to cause a fire or explosion, whether on his own property or on that of another, and if:

(i)  he thereby recklessly places another person in danger of death or bodily injury, including but not limited to a firefighter, police officer or other person actively engaged in fighting the fire; or

(ii)  he commits the act with the purpose of destroying or damaging an inhabited building or occupied structure of another.

(2)  A person who commits arson endangering persons is guilty of murder of the second degree if the fire or explosion causes the death of any person, including but not limited to a firefighter, police officer or other person actively engaged in fighting the fire, and is guilty of murder of the first degree if the fire or explosion causes the death of any person and was set with the purpose of causing the death of another person.

(a.1)  Aggravated arson - 

(1)  A person commits a felony of the first degree if he intentionally starts a fire or causes an explosion, or if he aids, counsels, pays or agrees to pay another to cause a fire or explosion, whether on his own property or on that of another, and if:

(i)  he thereby attempts to cause, or intentionally, knowingly or recklessly causes bodily injury to another person, including, but not limited to, a firefighter, police officer or other person actively engaged in fighting the fire; or

(ii)  he commits an offense under this section which is graded as a felony when a person is present inside the property at the time of the offense.

(2)  A person who commits aggravated arson is guilty of murder of the second degree if the fire or explosion causes the death of any person, including, but not limited to, a firefighter, police officer or other person actively engaged in fighting the fire.

(a.2)  Arson of historic resource - A person commits a felony of the second degree if the person, with the intent of destroying or damaging a historic resource of another, does any of the following:

(1)  Intentionally starts a fire or causes an explosion, whether on the person's own property or that of another.

(2)  Aids, counsels, pays or agrees to pay another to cause a fire or explosion.

(b)  Sentence - 

(1)  A person convicted of violating the provisions of subsection (a)(2), murder of the first degree, shall be sentenced to death or life imprisonment without right to parole; a person convicted of murder of the second degree, pursuant to subsection (a)(2), shall be sentenced to life imprisonment without right to parole. Notwithstanding provisions to the contrary, no language herein shall infringe upon the inherent powers of the Governor to commute said sentence.

(2)  A person convicted under subsection (a.1) may be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years if:

(i)  bodily injury results to a firefighter, police officer or other person actively engaged in fighting the fire; or

(ii)  serious bodily injury results to a civilian.

(c)  Arson endangering property - A person commits a felony of the second degree if he intentionally starts a fire or causes an explosion, whether on his own property or that of another, or if he aids, counsels, pays or agrees to pay another to cause a fire or explosion, and if:

(1)  he commits the act with intent of destroying or damaging a building or unoccupied structure of another;

(2)  he thereby recklessly places an inhabited building or occupied structure of another in danger of damage or destruction; or

(3)  he commits the act with intent of destroying or damaging any property, whether his own or of another, to collect insurance for such loss.

(d)  Reckless burning or exploding - A person commits a felony of the third degree if he intentionally starts a fire or causes an explosion, or if he aids, counsels, pays or agrees to pay another to cause a fire or explosion, whether on his own property or on that of another, and thereby recklessly:

(1)  places an uninhabited building or unoccupied structure of another in danger of damage or destruction; or

(2)  places any personal property of another having a value that exceeds $5,000 or if the property is an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle in danger of damage or destruction.

(d.1)  Dangerous burning - A person commits a summary offense if he intentionally or recklessly starts a fire to endanger any person or property of another whether or not any damage to person or property actually occurs.

(e)  Failure to control or report dangerous fires - A person who knows that a fire is endangering the life or property of another and fails to take reasonable measures to put out or control the fire, when he can do so without substantial risk to himself, or to give a prompt fire alarm, commits a misdemeanor of the first degree if:

(1)  he knows that he is under an official, contractual or other legal duty to control or combat the fire; or

(2)  the fire was started, albeit lawfully, by him or with his assent, or on property in his custody or control.

(f)  Possession of explosive or incendiary materials or devices.--A person commits a felony of the third degree if he possesses, manufactures or transports any incendiary or explosive device or material with the intent to use or to provide such device or material to commit any offense described in this chapter.

Law Enforcement in Bucks, Montgomery, and Lehigh Counties charge the offense of DUI more than any other in the Crimes Code. If you are convicted of a DUI in Bucks, Montgomery or Lehigh County you will be facing mandatory jail time AND a loss of your driver’s license. For many, the loss of license is more devastating than the time in jail. You get one chance to defend yourself from these consequences. MAKE IT COUNT with Buchanan Law, an elite criminal defense lawyer zealously representing clients in DUI cases in Bucks, Montgomery, and Lehigh County.

If you have been arrested for a DUI in Bucks, Montgomery, or Lehigh County, do not wait until you receive the charges in the mail. You must retain a criminal defense lawyer immediately to begin your defense. Contacting law enforcement and the District Attorney soon after an arrest can dramatically affect your case and the consequences you face. The preservation of evidence and witnesses is crucial. Home and business surveillance cameras are generally lost after only 7 days. If you wait, the chance to conclusively prove your innocence or attack the credibility of a police officer may be gone forever.

If you have been arrested for DUI, you need a criminal defense lawyer that knows the law AND the rights guaranteed to you by the 4th Amendment of the United States Constitution. The police cannot pull your vehicle over for no reason. They cannot pull you over because they observed you leave a bar. They cannot pull you over because you were driving late at night. Law enforcement MUST be able to testify with sufficient cause that you committed a traffic offense or that you were driving under the influence. If you are charged with a DUI in Bucks, Montgomery, or Lehigh County, MAKE IT COUNT with a criminal defense lawyer at Buchanan Law that knows the difference.

Although refusing chemical testing (blood draw) may have a significant impact on your driving privileges, in certain cases it may increase the chance of defending your DUI case at trial. If the District Attorney does not have your blood results, they need to prove you were incapable of safely operating a motor vehicle by other means. This is usually accomplished by having the arresting officer testify to his observations at the time of the arrest. This is one of the reasons they make you walk-a-line, touch your nose, say the alphabet, count backwards, or stand on one foot. Some of these tests are inadmissible and you need a criminal defense lawyer that knows how to make cross-examination count. If you have been arrested a for a DUI in Bucks, Montgomery, or Lehigh County, MAKE IT COUNT with a criminal defense lawyer at Buchanan Law.

A growing number of DUI arrests in Bucks, Montgomery, and Lehigh County are related to the use of prescription medications. Just because you were lawfully prescribed medications does not mean that you can legally operate a vehicle. This includes medications received from your family doctor and medical marijuana. Nevertheless, the police and District Attorney would have you believe that you cannot drive a vehicle after taking any medications or using medical marijuana in the previous days. This is not true. You need a lawyer that knows medications (including medical marijuana), how they effect the body, the constantly changing law, and the toxicologist you will need to defend your case. If you have been charged with a DUI that involves prescribed medication or medical marijuana, MAKE IT COUNT with an experienced criminal lawyer from Buchanan Law.

Drug offenses are some of the most commonly charged by law enforcement in Bucks, Montgomery, and Lehigh Counties. Because these charges almost always stem from searches and seizures, an analysis to determine whether the police violated your 4th Amendment rights must be conducted by a defense lawyer that is an expert in both criminal and Constitutional law. Because many narcotics officers aggressively pursue drug arrests, they will often violate your rights in the name of getting drugs off the street. If you are charged with a drug offense in Bucks, Montgomery, or Lehigh County, you need the experience and skill of Buchanan Law to defend your rights and make sure you are not wrongfully convicted

Possession with Intent to Deliver a Controlled Substance is the most frequently charged felony drug offense. If you find yourself charged with this offense, you were most likely pulled over in a vehicle for a very minor traffic offense. Many local police departments now have cameras that are capable of scanning registration plates of passing vehicles to determine if you are lawfully licensed, if the car has been inspected, properly registered, insured, and even if you have a warrant. After stopping your vehicle, the police will try to find a reason to search you and your car. If they find drugs, they will frequently charge you with possession with intent to deliver drugs.

But just because you are charged with Possession with Intent to Deliver, does not mean you will be convicted. You need a criminal defense lawyer that knows the difference between a person who possesses drugs to use and person who is making money off of selling drugs. At Buchanan Law, we know that people use drugs and will sometimes purchase larger amounts to save money. Corroborating facts are key. Was there personal use paraphernalia in the car? How were the drugs packaged? How much did the drugs weigh? Were there “Owe” sheets in the car?

In these cases, facts matter. The District Attorney is trying to put you in jail. In some cases, for a very long time. If you find yourself charged with a felony drug offense in Bucks, Montgomery, or Lehigh County, you need Buchanan Law to investigate and litigate the case. You only have one chance to defend your case. MAKE IT COUNT. 

Addiction is very real and those suffering do not need incarceration. They need help. For those that are ready, Drug Courts can offer the help you need while diverting your case from the criminal justice system. W. Joshua Buchanan is currently the attorney for Drug Court participants in Bucks County. If you or a loved one are ready for Drug Court, there is no better lawyer to prepare your case to be accepted by the Drug Court team. If you are interested in Drug Court, MAKE IT COUNT with Buchanan Law, a firm that knows how to get you the help you need.

If you are charged with a sex offense in Bucks, Montgomery, or Lehigh County, you need a criminal defense lawyer from Buchanan Law on your team. Quite simply, you need to be ready for war. The District Attorney is trying to put you in state prison… for a long time. And when you get out of jail, they will do everything in their power to make sure you are on Megan’s Law (SORNA in PA) and required to register with the State Police for the remainder of your life. Not only will this affect your reputation, but it will also make it difficult to get a job, make friends, and parent your child. If you are charged with a sex offense in Bucks, Montgomery, or Lehigh County, call Buchanan Law for a free consultation.

The investigation of sex offenses generally takes longer than other criminal charges. In many cases, the investigation will be conducted by the District Attorney’s Detectives. This means they have nearly unlimited resources at their disposal. When possible, Detectives will try to arrange for a one-party consent wiretap. In these cases, the Detective ask the complainant to call you on a telephone and follow a “script”. The script usually calls for the complainant to get you to say you are sorry in exchange for not going to the police. This whole procedure is designed to get you to admit to the crime as the complainant has already went to the police. Detective’s will also use similar scripts for text messages as well. When you know there is a possibility that you are being investigated for a sex offense in Bucks, Montgomery, or Lehigh County, you must assume that anything you say or text is being heard and read by the District Attorney. 

In sex offense cases Detectives will also utilize forensic science for their investigations. As funding has increased, some local Police Departments actually have their own labs that can process DNA and/or fingerprints. In other cases, the District Attorney will convene a Grand Jury to investigate a crime. This allows the investigators to question witnesses who have been uncooperative in the investigation. When called before a Grand Jury, you NEED a strong and skilled lawyer that has experience in these matters. 

In Pennsylvania, even minor sex offenses have serious consequences. If you are charged with one of the following offenses in Bucks, Montgomery, or Lehigh County, call Buchanan Law to get an experienced and elite criminal defense attorney:

• Rape - 18 Pa. C.S. § 3121
• Statutory Sexual Assault - 18 Pa. C.S. § 3122
• Involuntary Deviate Sexual Intercourse - 18 Pa. C.S. § 3123
• Sexual Assault - 18 Pa. C.S 3122.1
• Aggravated Indecent Assault 18 Pa. C.S. § 3125
• Indecent Assault – 18 Pa. C.S. § 3126
• Unlawful Contact – 18 Pa. C.S. § 6318
• Incest – 18 Pa. C.S. § 4302
• Human Trafficking – 18 Pa. C.S. § 3011
• Kidnapping – 18 Pa. C.S. § 2901
• Child Pornography (Obscene and Sexual Materials) – 18 Pa. C.S. § 5903
• Unlawful Restraint – 18 Pa. C.S. § 2902
• False Imprisonment – 18 Pa. C.S. § 2903
• Interference with Child Custody – 18 Pa. C.S. § 2904
• Luring a Child – 18 Pa. C.S. § 2910
• Institutional Sexual Assault – 18 Pa. C.S. § 3124
• Corruption of Minors – 18 Pa. C.S. § 6301
• Sexual Abuse of Children – 18 Pa. C.S. 6312
• Invasion of Privacy – 18 Pa. C.S. 7507

In the wake of this legislation, employees considered mandatory reporters by the State face criminal penalties if they fail to report suspected child “abuse”. This has lead to an enormous amount of frivolous reports that have massive impacts on individuals lives. I have personally represented school teachers who were escorted by police from their schools because a student accused of a disciplinary action “felt funny” when their teacher looked at them. Although we were successful in having these ridiculous claims dismissed, there is no recourse for the embarrassment experienced by the teacher. 

In the wake of this legislation, employees considered mandatory reporters by the State face criminal penalties if they fail to report suspected child “abuse”. This has lead to an enormous amount of frivolous reports that have massive impacts on individuals lives. I have personally represented school teachers who were escorted by police from thier schools because a student accused of a disciplinary action “felt funny” when their teacher looked at them. Although we were successful in having these ridiculous claims dismissed, there is no recourse for the embarrassment experienced by the teacher. 

In many cases, the county Children and Youth Agency will determine these allegations are “Indicated” after half-hearted investigations. These findings can have very serious impacts on your life. You would not be able to coach your son’s soccer team, chaperone your daughter’s school trip, or work at a daycare. If you or a loved one are under investigation for a report of child abuse, do not delay. You need Buchanan Law to assert your rights and let Children and Youth know you intend to fight these scandalous allegations.

Many people charged with traffic offenses simply plead guilty when they receive the citations. Most feel that they were speeding and do not want to take the time or spend the money needed to get a better result. Traffic offenses often have hidden consequences that can have serious impacts on your life. 

Unless you live in a major city like Philadelphia, public transportation is not a reasonable or reliable method of transportation for you and your family.  You NEED a driver’s license and you must have affordable insurance.  Simply pleading guilty to traffic offenses will result in points to your license, suspension of your driving privileges, and possibly, time in jail. These matters affect your livelihood and need to be taken seriously. 

If you have been charged with a traffic offense in Bucks, Montgomery, or Lehigh County, call Buchanan Law to get an experienced lawyer to make sure you are informed, protected, and get the best possible results.

PennDOT has a terrible reputation. It is well deserved. They are an impossible bureaucracy that has departments that can only communicate with each other through an internal system where responses are not expected for three days. No business would ever be able to operate in this manner. Even when PennDOT acknowledges they made a mistake, they go out of their way to make you fix it. 

If your license has been suspended, revoked, or recalled, dealing with PennDOT customer service is only the beginning of your problems. Unless you live in Philadelphia, public transportation is not a realistic alternative to driving your own vehicle. Moreover, Pennsylvania has archaic laws that compound the situation by making all new violations result in consecutive suspensions. In many cases, by the time the driver sees a lawyer, restoration of driving privileges in the next 5 years is impossible. If your license has been suspended or revoked, call Buchanan Law today for a free consultation and develop a plan to get you on the road again.

License Suspension Appeals are most commonly filed following the refusal of chemical testing related to a DUI arrest. The arresting officer simply sends notice to PennDOT that you refused chemical testing. Within two weeks of your arrest, you will receive a “Notice of Suspension” from PennDOT advising that they will be suspending your driving privileges for 12 months. They will give you no hearing; you will have no chance to explain your side of the story; you will have no time to say your rights were violated. PennDOT unilaterally acts to take away a necessary part of your life. 

But all is not lost. You have the ability to appeal this action by PennDOT. After perfecting the appeal (not and easy process), you will have an opportunity to argue your case before a Judge at the Court of Common Pleas. Hearing notwithstanding, you must arrive ready to argue your case. PennDOT’s attorneys are without mercy. Do not expect them to “help you out” because you have three kids and need to drive to support your family. They will not amend a suspension because you have to take your father to dialysis 5 days per week. You will need a skilled and experienced lawyer that is familiar with criminal, vehicle, and Constitutional law to advocate on your behalf. If you are having problems with your license, contact Buchanan Law today for a free consultation.

Congratulations. You were recently sentenced to probation on your criminal case. Unless you had charges against you dismissed or you received a verdict of not guilty, probation is one of the better outcomes you can hope for in the criminal justice system. While probation can be a sentence to celebrate, it can also be a trap set by the District Attorney and Judge.

There are no guidelines for the length of probation to be assigned by the Judge. Thus, many Judges will see guidelines that recommend a sentence of 3 months in jail and will impose a sentence of 5 years probation. While this is a good outcome at sentencing, you now have to be supervised by a probation officer for the next 5 years. If you are someone who suffers from addiction or tends to come in contact with the police on a frequent basis, probation can be a nightmare.

At a hearing for violating your probation, you will appear before the Judge that imposed the original sentence. In the Judge’s mind, he or she cut you a break last time by giving you probation and you are now standing before them for violating that sentence. Only this time there are no guidelines restraining the sentence the Judge is about to impose. At a probation violation hearing, the Judge can sentence you to the statutory maximum sentence and you will have very little recourse.

If you are alleged to have violated your probation in Bucks, Montgomery, or Lehigh County, contact Buchanan Law to get expert criminal defense advice to ensure you are ready to mount a defense to your Probation Officer’s allegations.

If you received any credit for time you were incarcerated, on home confinement, or in treatment, you are most likely on parole. All parole sentences have a minimum and a maximum. The minimum sentence may be “time already served” or time that you have to spend in jail (ie. 3 months). The maximum sentence must be at least twice the minimum. Thus, you cannot receive a sentence of 30-45 days. If you were sentenced to 30 days, the smallest maximum sentence would be 60 days.

The maximum sentence is also important as it can determine where you serve your sentence. Generally speaking, if you receive any sentence where the maximum is less than two years in jail, you received a county sentence. Conversely, if the maximum sentence is two years or more, this is generally a sentence you will serve in a state facility. 

Do not face parole and probation violation hearings alone. Buchanan Law is here to help.