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A. Before you go to court for your first appearance, you
should consult with an attorney about your case. In state court
proceedings, your first appearance after you have been arrested is a
preliminary hearing before a district justice (magistrate), which
generally occurs 3-10 days after your arrest. |
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| Q. I intend to plead guilty. Why should I
get a lawyer? |
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A. There may be proper legal defenses to the charges
against you. You should be fully aware of the penalties, the legal
issues involved in your case, and the full range of consequences of a
conviction based upon a guilty plea. |
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Q. I was arrested with another person and we are going
to hire the same lawyer. Is that o.k.? |
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A. Usually, each person should have his or her own
attorney, because there is always the possibility of a conflict of
interest between co-defendants. Most lawyers would not represent more
than one defendant in a case. |
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| Q. I’ve been arrested for drunk driving.
What are the penalties? |
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A. The penalties in Pennsylvania for drunk driving
(called driving under the influence of alcohol or a controlled
substance), depend upon whether there have been any previous
convictions. For the first offense, the penalty is 48 hours in jail
(usually served at a halfway house). Most first offenders are eligible
for the A.R.D. program (if they have no other adult convictions), which
involves probation, instead of a jail sentence. A second offense
requires a 30 day jail sentence, and a third offense requires a 90 day
jail sentence.
There is also a mandatory 1 year driver’s license suspension for drunk
driving. If the Defendant is placed on A.R.D., this suspension is
reduced to a minimum of 30 days (although it can be longer than 30 days,
depending upon the amount of blood alcohol and the policies of the
county district attorney where the event occurred). |
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