Kulpmont Crime

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Kulpmont Law

Can charges be dismissed at the preliminary hearing ? Or what are the chances of beating it in court?
My friend was sober all day, watching football. She ran out at nighttime to grab a beer. On her way home she ran out of gas. Not being able to get a hold of anybody she started walking home, what would have been a few mile walk. She opened her beer and started drinking. Her family finally called and she explained she ran out of gas, could they pick her up. She didn't want to drive since she started drinking. She went back to the car to wait where 5 minutes before her parents came, police showed up. She told them everything was under control but They asked for her license and registration. They said they smelled alcohol and asked her to blow into a breathalyzer. He said they don't care if she blows or not, they are charging her with DUI. She got very upset and refused, and refused the blood test. She said she drank the majority of a 40oz and would have failed anyway. The point was she wasn't driving and her folks showed up with gas 5 minutes after the police, while the police were there, because they were going to drive her car back for her. This sounds like a horrible case to me, but what do i know. I watched football with her and know she wasn't drinking before she ran out.
Can the charges be dismissed? Yes. Can your friend be acquitted at trial? Also, yes. However, there are a few...
Must law enforcement and/or the prosecution preserve the chain of custody of physical evidence?
Defendant charged with PWID. Police arrested and seized 22 packets of heroin. The drugs were sent to the lab, but the packaging of the drugs was not tested during the testing of the substance. It is understood this is not common to do such testing however the defendant is requesting the drugs be returned to the lab to have their packaging tested. The district attorneys office is claiming that this is not possible because the officers never preserve the chain of custody. This has now made the defendant feel that he will not have the chance to a fair trial without this taking place. Is there any way to argue that this be completed/is the commonwealth allowed to deny such a request? And if anything, what can be done?
Someone is giving you incorrect information. I'm a little unclear as to why you would care about the packaging being...
How does a criminal defendant go about requesting additional evidence testing?
Defendant charged w PWID (22 packets of heroin). Police sent drugs to lab for testing (substance testing), but neglected to fingerprint/DNA test baggies for defendants fingerprints. Defendant denies handling said drugs at all. How and is it possible for the defendant to request this testing (fingerprinting and DNA testing) to prove that he did not have contact w the substance?
How does a criminal defendant go about requesting additional evidence testing??? The criminal defendant speaks...
Do u need lawyer if you put the pfa on a drunk person with a weapon after they beat you.
pfa for a girl who got beat from her drunk boyfriend who don't leave they he just a stayed often
Unclear about who you are in the scenario can you clarify?
Can I fight a dui refusal in PA if the cop stated I refused even though I did the breathalyzer once?
Got pulled over for suspected dui taken to the station I blew once he stated he had gotten a reading and said I had to do OT again. So I tried two more times wasn't doing it right he said if I don't do it right again ots going to be a refusal. I stated I blew you got a reading why do I need to do it again. He said I'm a refusal will lose my license for a year and to sign this paper stating I refused. I said I am not signing that because I did not refuse. He said OK you don't sign that's a refusal too. Can I fight this automatic year suspension?
There are many reasons why the first test couldn't be used. You could have blown but didn't give it much effort so that...
Why was I taken home and not taken to jail and sent in front of the judge
After going to bar I was pulled over the other night by the police and was given a field sobriety test and was taken to there station and given a breathalyzer test and then a blood test and afterwards I was taken home to my residence
Most police take DUI drivers home instead of taking to jail. Its far less expensive for them just to take you home...
Is there a legal limit of oxycodone to be able to drive?
I am prescribed 6 oxycodone 30mg per day. I got pulled over and tested for suspicion of dui. the officer told me there is a limit just like alcohol
Not in the way the officer made it sound. The limit is whether or not you are impaired. The issue becomes impairment...