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Archive for January, 2011
Monday, January 31st, 2011
Ask a defense attorney in Pennsylvania or Pittsburgh and they will tell you that the charges of Assault, Aggravated Assault, and Homicide are all very similar under the law. It is the resulting injury that separates them as crimes. Generally, these crimes are subcategories of criminal assault in Pittsburgh or Pennsylvania, and are defined as follows:
- Simple Assault – Simple Assault occurs when someone causes, or attempts to cause, bodily injury to another person intentionally, knowingly, or recklessly. A mere attempt is enough to be charged. If a deadly weapon was involved, the police only need prove that you were negligent in the handling of the weapon. In fact, the police can charge simple assault where the Defendant merely places another in fear of imminent serious bodily injury by threat of physical menace. Note that the injury does not need to be serious where actual injury is caused. A domestic abuse attorney handles this crime often.
- Aggravated Assault – Aggravated Assault occurs when someone causes, or attempts to cause, serious bodily injury to another person intentionally, knowingly, or recklessly. Aggravated Assault will also be charged automatically where the victim is in a special class of people (police officers, teachers) regardless of the injury caused. Aggravated Assault is always charged as a felony. If you are facing this level offense, you should contact an experienced Felonies Lawyer in Pittsburgh or Pennsylvania immediately. Aggravated Assault litigation can be very complicated and prior trial experience is a necessity.
- Homicide – Homicide is easily the most serious charge one can face. An experienced PA Criminal Attorney knows that Homicide is a general term that includes 1st Degree Murder, 2nd Degree Murder, 3rd Degree Murder, Voluntary Manslaughter, and Involuntary Manslaughter. No matter the grading, the police are alleging that a person has died and you are criminally responsible for the death. Sentencing for these offences ranges from Life Imprisonment Without Parole to House Arrest depending on the circumstances surrounding the offence. If you have been or think you will be charged with any form of Homicide, do not speak with the police. You must consult with an experienced Pittsburgh Criminal Attorney immediately.
Call Pittsburgh and Allegheny County Criminal Attorney Michael V. Worgul now at (412) 475-9217 or 1-855-DUI-CRIM for a consultation on your case!
The best Criminal Attorneys in Pittsburgh know that assault charges can be devastating to your familial life and even your employment. A conviction will appear on your Pennsylvania Criminal Records for the rest of your life unless proper measures are taken. In some cases, where trial is necessary, you want to hire a qualified Pittsburgh or Allegheny County Defense Attorney who has been to trial on serious cases and been successful.
Under some circumstances, trial may not be the best option. You may want to test the idea of entering a plea to avoid jail time. But what if the police and the prosecutors won’t deal with you? This is a situation I deal with all the time. I can’t tell you how many times I have had a case that looked very bad for my client on paper. However, at trial, the prosecutor’s case fell apart under cross examination. That is the benefit of having a trial experienced Pittsburgh Criminal Attorney on your side.
If you are facing an Assault crime charge in Pittsburgh, Allegheny County, or anywhere else in Pennsylvania, call me, Pittsburgh Criminal Attorney Michael V. Worgul at (412) 475-9217 or 1-855-DUI-CRIM. I have significant trial experience with difficult cases.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Criminal Assault in Pittsburgh, Pittsburgh Criminal Attorney
Posted in Criminal Defense, Domestic Violence, Violent Crimes | Comments Off
Saturday, January 29th, 2011
If you have been convicted of a DUI in Pittsburgh with a BAC of .10 or higher, your license will be suspended. This is true even for a first offence DUI in Pennsylvania. As a seasoned Pittsburgh DUI Attorney, I know that a suspension of your Pennsylvania driving privilege can be devastating to both your financial and familial life. However, it is very important that you refrain from operating a motor vehicle during the pendency of your license suspension.
Some people feel, understandably, that they have no choice but to drive during the DUI suspension period. Some don’t even realize that they were driving under a DUI suspension (the law is very confusing on this). The urge to continue driving in order to support ones family can be very strong. However, the best DUI attorneys in Pittsburgh will agree that this is a bad idea. If caught driving in Pittsburgh or Pennsylvania, a person will be charged with Driving Under a Suspended License (DUI Related) pursuant to 75 Pa.C.S.A. §1543(b).
Call Pittsburgh DUI Attorney Michael V. Worgul now at (412) 475-9217 or -1855-DUI-CRIM for consultation on your case.
If convicted under §1543(b), you will face a mandatory sentence of 60 – 90 days imprisonment and a $500 fine. However, and experienced PA DUI attorney knows that these penalties increase if, at the time of driving, your BAC was .02 or greater. The increase is as follows:
- First Offence – Mandatory 90 imprisonment and $1,000 fine. Graded as a Summary Offense.
- Second Offence – Mandatory 6 months imprisonment and $2,500 fine. Graded as a Second Degree Misdemeanor.
- Third or Subsequent Offence – Mandatory 12 months imprisonment and $5,000 fine. Graded as a First Degree Misdemeanor.
In addition, qualified Pennsylvania DUI Attorneys will counsel that a conviction under 1543(b) results in additional license suspensions as follows:
- Existing Suspension – If the department’s records show that the person was under suspension, recall or cancellation on the date of violation, and had not been restored, the department shall suspend the person’s operating privilege for an additional one-year period.
- Existing Revocation – If the department’s records show that the person was under revocation on the date of violation, and had not been restored, the department shall revoke the person’s operating privilege for an additional two-year period.
While these punishments may seem harsh, there are measures that can be taken to maintain your freedom and lessen the damage to your license suspensions. In addition, qualified Pittsburgh DUI attorneys will be aware of Defenses to a conviction for Driving Under a Suspended License Including:
- Insufficient Notice of Suspension – It is not enough for PennDOT to simply argue that they mailed you notice. They must have more evidence corroborating your knowledge of the notice.
- Justification – The PA DUI Laws recognize that there may be some situations in which a person is justified in Driving Under a Suspension. However, it is up to a skilled Pittsburgh DUI trial attorney to prove specific facts at trial, or the Defense will not be available.
- Statute of Limitations – If the police do not charge you soon enough, they may be time barred from filing the charges.
Suffice to say, litigating Driving Under a DUI Suspension can be complicated. Therefore, if you have been previously charged with DUI in Pittsburgh or Pennsylvania, and where then caught driving, you should contact an experienced Pittsburgh DUI Attorney immediately.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh DUI Attorney Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: DUI in Pittsburgh, Pittsburgh DUI Attorney, Suspended License Pittsburgh
Posted in Criminal Defense, DUI, Driver's License Suspension | Comments Off
Friday, January 28th, 2011
In Pittsburgh, Drug Trafficking is officially charged under Pennsylvania criminal statute 35 P.S. §780-113. A Pennsylvania criminal lawyer with requisite experience knows that this crime is graded as a felony even for a first time offense. If you are charged with this crime in Pittsburgh, it is imperative that you contact a Pittsburgh defense lawyer immediately as this offense can wreak havoc on your Pennsylvania criminal records. There is a good chance that you have been “overcharged” with a felony and you could be entitled to a dismissal early in the Pittsburgh or Allegheny County Court proceedings.
Drug Trafficking in Pittsburgh is more commonly known as Possession With Intent to Deliver a Controlled Substance (illegal drugs / narcotics). Experienced Pittsburgh and Allegheny County Defense Lawyers understand this law and the case law surrounding it. Essentially, the police are alleging one of several facts:
- That you manufactured a controlled substance in Pittsburgh or Pennsylvania (i.e. growing Marijuana) or
- That you delivered a controlled substance to another person in Pittsburgh or Pennsylvania, or
- That you possessed a controlled substance and intended to deliver it to another person while in Pittsburgh or Pennsylvania.
Contact Pittsburgh Criminal Lawyer Michael V. Worgul now at (412) 475-9217 or 1-855-DUI-CRIM for an evaluation of your case.
As a Pittsburgh criminal lawyer, I have handled many Pittsburgh and Allegheny County drug dealing cases. Through this experience, I know how to aggressively defend your case. A qualified Pittsburgh defense lawyer will try every reasonable tactic to have your charges dismissed or reduced through:
- Focused litigation at the preliminary hearing.
- A Petition for Habeas Corpus Relief.
- Pretrial motions including a motion to suppress the evidence.
- Focused trial litigation.
If you are convicted in Pittsburgh or Allegheny County Court, the penalties can be stiff. Under Pennsylvania law, convictions for drug dealing in Pittsburgh can range from simple probation to years of jail time in the sate prisons. A Pennsylvania criminal lawyer, experienced in drug trafficking, knows the sentence will based on a large number of variables:
- What is your prior criminal history in Pittsburgh or Pennsylvania?
- Have you ever been convicted of a Drug Dealing in Pittsburgh or Pennsylvania?
- What was the target Drug?
- What was the weight of the Drugs?
- Was there a firearm on your person or nearby? (This results in an automatic 5 -10 year Pennsylvania State Sentence)
- Are there mandatory Pennsylvania sentencing guidelines in your case?
There are many types of Lawyers that practice in Pittsburgh and Allegheny County Court. However, in order to receive the best criminal defense in Pittsburgh for drug dealing, you will need a seasoned drugs possession lawyer who has handled many cases in a trial setting. I am Pittsburgh Criminal Lawyer Michael V. Worgul. I am an experienced Pittsburgh criminal lawyer in cases involving drug trafficking.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, … Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Best Criminal Defense in Pittsburgh, Pittsburgh Criminal Lawyer
Posted in Criminal Defense, Drug Crimes | Comments Off
Thursday, January 27th, 2011
If you are reading this, chances are that you were charged with a PA DUI and are looking for info on DUI in Pennsylvania. While the sequence of events leading to your arrest may have seemed like a blur, PA DUI lawyers break a DUI stop and arrest into several phases:
- Traffic Stop
- Initial Contact Between Police and Driver
- Field Sobriety Tests
- DUI Arrest
- DUI Chemical Testing
- Filing of Criminal DUI Charges
Contact Pittsburgh DUI Lawyer Michael V. Worgul now at (412) 475-9217 or 1-855-DUI-CRIM for case evaluation.
This article focuses on the Pittsburgh DUI Field Sobriety Tests. These tests are widely accepted and used under DUI PA laws. DUI Lawyers in Pittsburgh, Allegheny County, and Pennsylvania should be familiar with these tests, how they are performed, and whether they are admissible in DUI court. The most common Pennsylvania DUI field tests are:
- Walk-and-Turn – This is what is called a “Divided Attention Test.” It is designed to gauge a motorist’s balance, small muscle control and short-term memory. The driver is instructed to take nine steps along a line, walking heel-to-toe and counting each step aloud. The driver must then pivot, taking several small steps and keeping one foot on the line, and return in the same heel-to-toe, counting fashion. The driver’s performance of this test is admissible at court. An experienced Pennsylvania DUI lawyer will know how to interpret the test results to properly cross examine the officer administering this test.
- One-Leg Stand – Another Divided Attention Test. The driver’s attention is intentionally divided between the ability to balance and exercise small muscle control. The driver must hold one foot straight out about six inches off the ground, stare at the raised foot, and count from “one thousand one” to “one thousand thirty. This test is also admissible at court and an experienced Allegheny County DUI lawyer will know the proper procedure for effective cross examination.
- Horizontal Gaze Nystagmus (HGN) – Unlike the first two tests, this tests the driver’s involuntary physiological abilities. The test relates to the detection of involuntary jerking of the eyes, which will be accentuated by the introduction of alcohol or other depressants into the system. The jerkiness is pronounced in people under the influence of alcohol or drugs. The HGN test is much more difficult to introduce at trial. A qualified Pittsburgh DUI lawyer will effectively challenge the introduction of this evidence at trial.
- Preliminary Breath Test (PBT) – this is essentially a portable breath test that gives the officer a preliminary indication of the presence of alcohol and a ballpark blood concentration. The fact that the test was given and indicated the presence of alcohol can be introduced at trial, but the result cannot. For the DUI lawyer Allegheny County trials including PBTs can be tricky and prior experience is at a premium.
Demonstrating to a Pittsburgh Jury that you passed the DUI field sobriety tests can be one of the best DUI defenses in Pennsylvania. I am Pittsburgh DUI Lawyer Michael V. Worgul and I protect the rights of the criminally accused in Allegheny County and Pennsylvania.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, … Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Pennsylvania DUI Lawyer, Pittsburgh DUI Lawyer
Posted in DUI | Comments Off
Wednesday, January 26th, 2011
If you are charged with possession of illegal drugs or Simple Possession in Pittsburgh, Allegheny County, or anywhere else in Pennsylvania, there will be many questions you need answers to. What sort of jail time am I facing? How will a Pittsburgh drug charge affect my employment or education? What will appear in my Pennsylvania criminal records? Who is a top Pennsylvania criminal defense attorney?
As a Pittsburgh Criminal Attorney I have represented many individuals for Simple Possession of illegal drugs including:
- Marijuana
- Cocaine
- Crack Cocaine
- Heroin
- Ecstasy
- Prescription Pills
Although some of these drugs (Marijuana) may not seem as serious as the others, an experienced drug crimes attorney knows that they are all misdemeanors, and can remain on your criminal record forever if not handled properly from the start.
Contact Pittsburgh Criminal Attorney Michael V. Worgul with questions now at (412) 475-9217 or -1-855-DUI-CRIM.
If convicted of Marijuana possession in Allegheny County, or any other illegal drug, you will also face a mandatory license suspension through the Pennsylvania Department of Transportation (PennDOT). The length of the Pennsylvania license suspension depends as follows:
- 1st Drug Possession Offense – six month suspension.
- 2nd Drug Possession Offense – one year suspension.
- 3rd+ Drug Possession Offense – tow year suspension.
Therefore, you will want to contact an Allegheny County criminal lawyer as soon as possible to avoid further suspensions.
Finally, as stated above, even Marijuana attorneys in Pittsburgh recognize that all drug offenses (not just Cocaine and Heroin) are serious and can affect your employment or educational prospects. If you are applying for a job you will want to make sure that there is no record of former Pittsburgh drug arrest to be bound. Likewise, if you are a student at a local University such as Pitt, Duquesne, or Carnegie Mellon, and you will be applying to law school, medical school, or any other professional organization, you should certainly hire a drug crime attorney to make sure the records can and will be expunged.
I am Pittsburgh Criminal Attorney Michael V. Worgul and I have extensive experience handling drug cases in Allegheny County and Pennsylvania. I will aggressively fight to win your Pittsburgh criminal drug charges at trial, however, if your case requires, I am very familiar with alternative solutions to trial that will result in the expungement or reduction of your charges.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Drug Possession Attorneys, Pittsburgh Criminal Attorney
Posted in Criminal Defense, Drug Crimes | Comments Off
Wednesday, January 26th, 2011
As a Pittsburgh DUI Attorney, I often discuss the penalties for DUI such as potential jail time and the DUI fines in Pennsylvania. Allegheny County DUI Lawyers frequently discuss the benefits of ARD for first time DUI offenders as well as the reduced Pennsylvania license suspensions. However, the best DUI attorneys in Pittsburgh know that there are several unforeseen consequences for Pittsburgh PA DUI arrests.
Call DUI Lawyer Michael V. Worgul now at (412) 475-9217 or 1-855-DUI-CRIM to schedule an initial consultation.
Thus, as an active DUI Attorney in Pittsburgh, I have compiled a list of four unforeseen consequences of DUI in Pennsylvania:
- Auto Insurance Reporting to Third Parties – most people who are charged with Pittsburgh DUI deduce that they will see a jump in auto insurance premiums. But people should be more aware of what the auto insurance companies are doing with your information. You may have unwittingly given the Insurance Company permission to disseminate your driving record information to third parties (think criminalrecordcheck.com). Keep in mind that PennDOT keeps a record of your DUI suspension for 10 years and it lists the reason for the suspension. Check your policy very carefully to determine whether your auto insurer engages in this practice. Experienced Attorneys for DUI will advise of this little known fact.
- Aircraft Pilots – In most cases, persons who hold a pilots license are required to report a conviction for DUI to the Federal Aviation Administration within 60 days of the conviction. Failure to do so and result in the revocation or suspension of the license.
- Commercial Driver’s Licenses – If have a commercial driver’s license (CDL), and you are convicted of a Pittsburgh DUI, you will automatically lose your CDL for 12 months. It does not matter if you were operating a commercial vehicle at the time. The simple fact that you possess a CDL triggers the suspension upon conviction.
- Employment – Obviously if you drive for a living, your life will be significantly affected by a DUI license suspension. However, if you are employed in a position placing a high degree of emphasis on moral character, you may also face adverse employment consequences of DUI in Pennsylvania. This is especially true for professionals who work in the medical, legal, and counseling fields.
As I indicated, these items represent the unforeseen consequences of DUI in Pennsylvania. To learn more about DUI online, read through some of the other articles I have posted.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh DUI Lawyer Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Consequences of DUI in Pennsylvania, Pittsburgh DUI Lawyer
Posted in DUI | Comments Off
Tuesday, January 25th, 2011
I recently had a client ask me, “On your resume, how do you say you have a criminal record?” That question really sums up what can be a major problem for people with one or two minor criminal offenses in their past. The better question would be, “Who do you call to clear a criminal record in Pittsburgh, PA?” The short answer is a Pennsylvania criminal attorney. Hiring an Allegheny County Defense Lawyer can help you achieve the future employment or educational opportunities you are missing because of a prior criminal record.
What most people don’t know is that every time a person is merely charged with a crime, Pennsylvania criminal records are created within several agencies including the Pennsylvania State Police and the local Court of Common Pleas. Many people believe that dismissed charges in PA will automatically be expunged upon dismissal. This is not true. It is also not true that if you seal a PA criminal record, no one will see it. Sealing a criminal record is not the same as criminal record expungement.
The first step is to contact an experienced Pennsylvania Criminal Attorney at (412) 475-9217 or 1-855-DUI-CRIM to determine if your criminal record is expungeable.
If your record contains a felony, your record cannot be expunged (though you may want to seek a Governor’s Pardon). However, some misdemeanor criminal records, most juvenile criminal records, and almost all summary criminal records can be expunged. For example, living in a city with many colleges, a very common process that I handle is Pennsylvania underage drinking expungement. People also hire me to have their driving record expunged as well (this can actually be very important).
Often, the best way to ensure that your criminal record will be expunged is to hire a Pittsburgh Defense Attorney as early in the case as possible. He will understand potential strategies to increase the likelihood that the Pennsylvania criminal records will be expunged someday, if not immediately. All too often I have been approached by a person who did not think they would need a lawyer to clear a record. However, because the case was not handled with an eye toward expungement, the record is no longer expungeable.
I am Pennsylvania Criminal Attorney Michael V. Worgul. I have helped many people erase what is otherwise a very embarrassing chapter in their life. I may be able to do the same for you. To determine whether your criminal record is right for expungement, contact me at (412) 475-9217 or 1-855-DUI-CRIM. I will be happy to schedule an appointment at no charge to you.
Tags: Pennsylvania Criminal Attorney, Pennsylvania Expungements Attorney
Posted in Criminal Defense, Criminal Records & Expungement | Comments Off
Tuesday, January 25th, 2011
If you are reading this article, you or a loved one are probably on Pennsylvania supervised probation right now. That person may be incarcerated by a probation detainer in the Allegheny County Jail and no one can give an answer as to when they will get out. If this is the case, you most likely need a lawyer for lifting a probation detainer in Pittsburgh.
First, if you are a family member of the person who is incarcerated, please contact a detainer lawyer in Allegheny County before you attempt to contact the probation officer. Lifting a detainer for probation violations in Pittsburgh, or anywhere else in PA, will depend on the attitude of the probation officer. The PO is usually already upset with the Defendant and, when family members contact a Probation Officer they can become even more irritated. Remember, in deciding detainers being lifted for the Allegheny County Jail (and other facilities for detainers in PA), the judge will consider the opinion of the Probation Officer.
Call (412) 475-9217 or 1-855-DUI-CRIM now to speak with a Pittsburgh Criminal Lawyer about Lifting a Probation Detainer.
Experienced violation of probation lawyers in Pittsburgh, PA, will gather as much positive information as possible about the defendant. A thorough conversation with the probation officer is essential to this process. They will then file a Pennsylvania Petition to Lift Detainer (or transfer detainer) with the judge who imposed the probation. The petition will contain all the gathered information and a simple method for the Court to confirm the contents. The judge may then rule on the petition, or schedule a detainer hearing for the probation violation. The schedule of probation violation hearings varies from court to court.
Pittsburgh probation laws and Probation Detainers in Pittsburgh all derive from Pennsylvania probation laws. I am an experienced Pittsburgh Attorney at lifting detainers for probation violations in Pittsburgh.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh Criminal Lawyer Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Lifting a probation detainer, Pittsburgh Criminal Lawyer
Posted in Criminal Defense, Probation & Parole, Warrants and Detainers | Comments Off
Saturday, January 22nd, 2011
If you are convicted of or plead guilty to a DUI in Pennsylvania, your license will be suspended. It does not matter if this is a 1st time DUI in Pennsylvania, or a 4th. PennDOT will be unmerciful regardless of your situation. Therefore, if you have been charged with DUI in Pittsburgh, Allegheny County, or anywhere else in Pennsylvania, you should contact a Pennsylvania DUI Lawyer immediately.
Most first-time DUI offenders will face a suspension in Pennsylvania for a period of 12 months unless you are participating in the ARD program. Second and subsequent penalties for DUI include an 18 month license suspension and may also require an installation of Ignition Interlock on your vehicle for at least one year. If you are convicted of three offenses within a five-year period, you will be deemed a Habitual Offender by PennDOT, and your license will be suspended for a 5 year period! Even the best DUI Attorney in Pittsburgh will have a struggle saving your license in this situation. That is why it is important to contact a Pittsburgh DUI Lawyer immediately if you are charged with Pennsylvania DUI.
Call Pittsburgh DUI Attorney Michael V. Worgul at (412) 475-9217 or 1-855-DUI-CRIM to schedule a free consultation.
The consequences of a license suspension have even greater impact when a person earns their living by driving. If you operate a commercial vehicle, you are held to higher standards while driving it. The .08 BAC level necessary for a regular Pennsylvania DUI is lowered to .04 BAC while operating most commercial vehicles, and .02 BAC while operating a school bus or school vehicle. In most first time DUI cases, your Commercial Driver’s License (CDL) will be disqualified for 12 months. However, if you are convicted of DUI while transporting hazardous materials or a school bus, or you refuse to submit to a chemical test, the disqualification is for 36 months! Matters will only get worse for a second conviction where the disqualification is Lifetime!!!
Many people also don’t realize that, under PA DUI laws, all people who drive within Pennsylvania impliedly consent to chemical testing if an Officer has reasonable grounds to believe that they are operating under the influence. Therefore, if you refuse to submit to a chemical test of your breath, blood, or urine, you could be subject to a mandatory suspension of 12 months in addition to any other suspension imposed. However, the police must be able to prove that your refusal was knowing and conscious. Experienced PA DUI Attorneys may be able to argue that the refusal was not knowing and conscious depending on the circumstances of your case.
Finally, if you are convicted of DUI underage in Pennsylvania, and you are ARD eligible, your Pennsylvania Driver’s license will be suspended for 90 days. Keep in mind that when you are under the age of 21, the police only need to prove that your BAC was .02 or greater for a conviction. However, if you are under the age of 18, your case will most likely proceed through Juvenile Court, and there is a chance that your license may not be suspended at all. Therefore, it is very important that you contact a qualified Pittsburgh DUI Attorney immediately.
I am Pittsburgh DUI Attorney Michael V. Worgul and I have significant experience handling Pennsylvania DUI and License Suspension litigation. If you have been charged with DUI in Pittsburgh, Allegheny County, or anywhere else in Pennsylvania, please contact me at (412) 475-9217 or 1-855-DUI-CRIM for a consultation at no charge to you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Pennsylvania License Suspension, Pittsburgh DUI Attorney
Posted in DUI | Comments Off
Friday, January 21st, 2011
Access to the Internet and World Wide Web are not only changing the way we find information and do business, it is also redefining the way that criminal offenses in Pennsylvania are prosecuted and defended. Nowhere is this more prevalent than in the area of PA criminal Child Pornography. Any top Pennsylvania criminal attorneys will quickly confirm this.
Pittsburgh Child Pornography is defined under the more general Pennsylvania statute entitled Sexual Abuse of Children (18 Pa.C.S.A. §6312). If you are charged under this statute, the police are accusing you of:
- Photographing, videotaping, depicting on computer or filming sexual acts of a minor under the age of 18 engaging in a prohibited sexual act; (Felony 2)
- Disseminating (or intending to disseminate) materials depicting a child under the age of 18 years engaging in a prohibited sexual act; (First Instance = Felony 3, Subsequent Instance = Felony 2) or
- Intentionally viewing or knowingly possessing materials depicting a child under the age of 18 years engaging in a prohibited sexual act. (First Instance = Felony 3, Subsequent Instance = Felony 2)
As you can see, these crimes often arise through the use of the Internet and Computers. The special police who investigate these crimes are very thorough and clever. They know exactly how to search for this type of material on your computer’s hard drive. They also know that multiple people may use one computer. They will attempt to obtain a confession or admission from you as early as possible, and use it against you in the PA Courts. Therefore, if you believe that you are or will be the subject of an investigation, REMAIN SILENT, and hire an experienced PA law firm or attorney to represent you at all phases of the prosecution.
Contact Pittsburgh Lawyer Michael V. Worgul now at (412) 475-9217 or 1-855-DUI-CRIM to schedule a consultation at no charge to you.
A conviction of Child Pornography in Pittsburgh will have long lasting devastating affects to your life. Not only do you face the prospect of a lengthy prison sentence, under Megan’s Law legislation, you will be required to register with the Pennsylvania State Police as a sexual offender for 10 years. Anyone (neighbors, family, friends, ect.) can learn of your status as a sexual offender. Every time you move to a new neighborhood, the community will be advised of your presence and status as a sexual offender.
There is also a Federal statute at 18 USC §2252 criminalizing the same conduct. However, the penalties in Federal court are significantly more severe. For a first time offense in Pennsylvania State Court, a conviction will usually result in probation and other restrictive measures. On the other hand, a conviction in Federal Court carries a mandatory minimum sentence of 5+ years for a first offense and jumps to 15+ years for a second offense. Thus, if you are charged with this Federal Crime, you must contact a Federal criminal law Lawyer in Pennsylvania right away.
I am Michael V. Worgul, Criminal Attorney at Law in Pittsburgh. As an Attorney in Pennsylvania, I have aggressively fought for the rights of the criminally accused in State and Federal courts. Given my undergraduate coursework in Computer Programming and Information Technology, I am better equipped to grasp and deal with the complicated issues in your case than the average lawyer. If you have been charged with a case involving Pittsburgh Child Pornography or the Federal counterpart, contact me at (412) 475-9217 or 1-855-DUI-CRIM for an immediate consultation at no cost to you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Pittsburgh Child Pornography, Pittsburgh Internet Attorney
Posted in Criminal Defense, Internet / Computer Crimes | Comments Off
Thursday, January 20th, 2011
Allegheny County DUI Lawyer – Accelerated Rehabilitative Disposition (ARD)
So you have just received a 1st time DUI in Pennsylvania. Like many of my clients, you probably have no prior DUI arrest records or other criminal offenses. You may not believe me right now, but if drunk driving in Pennsylvania is your one run-in with the law, you are doing ok. More on this in a moment, but first let me be clear, you must not be arrested for DUI in Pennsylvania again!!! (at least not within the next 10 years.) If you are, it will likely cancel everything else you are about to read.
Like I was saying, many of my DUI clients are “eligible” for the Accelerated Rehabilitative Disposition (ARD) program by virtue of their record, or lack of record if you will. Right now, under DUI laws in PA, you are also “eligible” for ARD. So what is ARD? Exactly what it says, an Alternative Rehabilitative Disposition, but if you take the middle word out, it becomes “Alternative Disposition,” which may be easier to understand.
Essentially, ARD is an opportunity, if offered by the DA in your county, for you to avoid what, at the worst, could become 72 consecutive hours in Jail, a twelve-month license suspension, and a permanent criminal record for all to see. But if you are accepted into the ARD program, at worst you are looking at penalties that include:
- No Jail Time (there will be a “non-reporting” probationary period),
- A two-month License suspension,
- DUI classes in Pittsburgh (or in other jurisdictions),
- Fine (usually about $1500 including costs).
- Expungement – If you complete the program, your DUI arrest record will be automatically expunged (erased from existence).
Call (412) 475-9217 or 1-855-DUI-CRIM to schedule a free consultation with an Allegheny County DUI Lawyer.
As established above, you have no previous criminal history (don’t include traffic tickets). In addition, you are wisely thinking about and searching for a DUI lawyer in Pennsylvania and educating yourself as you go. However, if one of the three following scenarios applies to your case, you are no longer eligible, by law, for ARD (though there are still measures that a drunk driving law firm or lawyer can apply for your benefit):
- You were in an accident while DUI and another person suffered serious bodily injury or death as a result.
- At the time of your arrest, there was a passenger in the car under the age of 14 in the vehicle.
- You are charged with Fleeing and Eluding in connection with the DUI charge (this is not actually in the law but most Pennsylvania counties, including Allegheny, enforce this policy).
At this point you have probably also received your initial paperwork scheduling a preliminary hearing sometime in the next few weeks. But Accelerated Rehabilitative Disposition does not begin at the preliminary hearing stage. At a minimum, there are still two more court appearances to go (a Formal Arraignment / Interview and the final ARD Hearing) and a CRN evaluation that must be completed. The preliminary hearing is just the beginning of a 4-6 month process.
After reading this, you may be thinking to yourself, “Mike, your making me feel like I might be able to handle this on my own and not hire you. Don’t you want to make me think that I need you for ARD?” Well, I do want you to hire me for your case, but I feel it is important to be upfront. If you are looking for free advice, I am happy to give it now. I don’t want to waste your time or mine.
That said, I practice in Pennsylvania, Allegheny County, or Pittsburgh courts every day (if not all in one day). I have significant trial experience in both DUI and complex criminal litigation. When clients hire me for ARD admission, they are hiring an experienced professional to hold their hand, dot the Is, cross the Ts, and ensure that the process is smooth. If there is an unexpected bump in the road, I handle it.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Allegheny County DUI Lawyer Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Accelerated Rehabilitative Disposition, Allegheny County DUI Lawyer, ARD
Posted in DUI | Comments Off
Wednesday, January 19th, 2011
There are many types of Bench Warrants that may issue for several reasons. The most common are bench warrants for failure to appear in Court and Pennsylvania probation detainer warrants. No matter the type, bench warrants all end with the police arresting and placing you in custody for up to 72 hours before you see a judge for bail. If you think or you know that there is an outstanding warrant for your arrest, you are in need of immediate criminal legal advice and should talk to an Allegheny County Defense Lawyer.
Allegheny County Bench Warrants are often issued against individuals charged with Pennsylvania criminal offenses who fail to appear for a court date. Most of the time, a person simply mixed up their calendar dates or were not aware of the court date to begin with. An experienced Allegheny County Defense Lawyer knows how to clear the outstanding warrant with little inconvenience to your time and liberty. Attorney Michael V. Worgul has been a practicing criminal defense lawyer in Pennsylvania, Allegheny County, and City of Pittsburgh for many years and has helped to clear many bench warrants.
Contact Allegheny County Defense Lawyer Michael V. Worgul now at (412) 475-9217 or 1-855-DUI-CRIM.
Probation detainer warrants are somewhat different in nature. A probation detainer issues when a person who is already adjudicated as a Pennsylvania Criminal violates the terms of his/her probation. A probation violation can occur for several reasons including new criminal charges, failure to report, drug/alcohol use, and many more. There are many types of lawyers in Pennsylvania, but for probation detainer warrants, you will definitely want to hire a PA criminal lawyer who has experience handling these matters before.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Allegheny County Bench Warrants, bench warrants in Allegheny County, bench warrants in Armstrong County, bench warrants in Beaver County, bench warrants in Butler County, bench warrants in Fayette County, bench warrants in Greene County, bench warrants in Indiana County, bench warrants in Lawrence County, bench warrants in Westmoreland County, Pittsburgh Probation Violation
Posted in Criminal Defense, Probation & Parole, Warrants and Detainers | Comments Off
Wednesday, January 19th, 2011
Like many of our clients, if you are reading this, you or someone you know has been charged with a first time DUI in Pennsylvania. For someone who is not experienced with the PA DUI laws, the threat and uncertainty of a drunk driving conviction is very frightening. The most frequently asked question is, “What is the jail time for DUI in Pennsylvania?” Pittsburgh DUI lawyer Michael V. Worgul is well versed in dui legal procedures and trial strategies. He is ready to answer this and many other questions for you.
At this very moment, you are taking the first step in dealing with the problem by educating yourself. You may even have some of your paperwork containing a fingerprint order and preliminary hearing date. Remember that this is just the first of several court appearances you will be making over the next few months. The preliminary hearing can be very important in terms of preparing for a trial, plea, or alternative resolution such as ARD.
Contact me, Pittsburgh DUI Lawyer Michael V. Worgul at (412) 475-9217 or 1-855-DUI-CRIM now to schedule a free consultation.
Keep in mind, for a first offence DUI in Pennsylvania, or any DUI for that matter, the police and DA only need prove that:
- You were driving a motor vehicle on a “highway” in Pennsylvania, and
- Your blood alcohol level was above a 0.08% or contained drugs within two hours of being stopped.
Fortunately, this is a first time DUI offense in Pennsylvania for you. If you have no other Pennsylvania DUI record or criminal record, you are “eligible” for Accelerated Rehabilitative Dispostition, or what we commonly call ARD. Admission into the ARD program can greatly reduce the punishment for DUI in Pennsylvania (and the DUI cost in Pittsburgh if that is where you are charged). Furthermore, license suspensions are significantly reduced from the mandatory suspensions required by law! Finally, successful completion of the program will result of the expungement (removal) of your Pennsylvania DUI record, as though it never happened.
Of course, ARD must be offered by the District Attorney’s Office, and not all first time offenders will be offered admission. An experienced Pittsburgh DUI Lawyer will aggressively fight for your admission in to the program. However, if that cannot be accomplished, I am aware of many other strategies to avoid jail time and license suspensions that might be devastating to your livelihood.
As a Pennsylvania lawyer for DUI, I have significant experience with the ARD program in Pittsburgh, Allegheny County, and many other Pennsylvania counties. If this is a first time DUI in Pennsylvania for you or a loved one, contact me, Pittsburgh DUI Lawyer Michael V. Worgul at (412) 475-9217 or 1-855-DUI-CRIM. I will be happy to schedule an in person consultation at no cost to you.
***
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: ARD, first time dui in Pennsylvania
Posted in DUI | Comments Off
Tuesday, January 18th, 2011
Domestic violence crimes are some of the least expected yet some of the most common crimes in Pennsylvania. Domestic abuse lawyers must understand that the person who is arrested and charged is not always the aggressor. A seasoned domestic violence defense attorney recognizes this and takes proactive steps to either win your case or minimize the damage if trial is not an option.
Although domestic violence defense involves litigation of Simple Assault and 1st Degree Assault in Pennsylvania, it also includes lesser physical crimes of Harassment and Terroristic Threats. No matter the charge, your attorney must have knowledge of the criminal elements and defenses to present the best domestic violence defense. In some circumstances, it may be recommended that you consult an experienced divorce law attorney as well.
Contact Attorney Michael V. Worgul now at (412) 475-9217 or 1-855-DUI-CRIM.
Experienced criminal lawyers in Pittsburgh know how to properly assess your domestic violence defense case from the first meeting, guide you through the Pennsylvania courts, and strive to have your Pennsylvania criminal records erased if possible. Attorney Michael V. Worgul has been a crimes lawyer in Pittsburgh for many years. He will use his extensive trial experience to aggressively defend you and ensure the optimal outcome for your case.
If you are in need of domestic violence defense, contact me, Pittsburgh defense lawyer Michael V. Worgul, now.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Criminal Lawyers in Pittsburgh, Domestic Violence Defense
Posted in Criminal Defense, Domestic Violence | Comments Off
Monday, January 17th, 2011
As soon as you have been arrested for DUI in Pittsburgh, Allegheny County, or any other Pennsylvania County, many questions will go through your head. What are the penalties for DUI? How much jail time could I bee facing for a DUI in Pennsylvania or Pittsburgh? Is DUI in Pennsylvania a felony? What is the cost of DUI in Pittsburgh? How long will my DUI license suspension last? Will I have a DUI arrest record? Who are the best DUI attorneys in Pittsburgh Pennsylvania and the surrounding communities?
We have compiled the following chart in an attempt to help you achieve a general understanding of the Pennsylvania DUI penalties scheme. You will notice that the first time DUI in Pennsylvania is treated very differently from subsequent offenses
|
BAC .08 -.099 |
BAC .10 – .159 |
BAC .16 + |
| 1st DUI |
Ungraded Misdemeanor
Up to 6 months probation
$300 fine
Alcohol highway safety school
Treatment when ordered
*ARD Eligible |
Ungraded Misdemeanor
2 days to 6 months Jail
$500 to $5,000 fine
12 month license suspension
Alcohol highway safety school
Treatment when ordered
*ARD Eligible |
Ungraded Misdemeanor
3 days to 6 months Jail
$1,000 to $5,000 fine
12 month license suspension
Alcohol highway safety school
Treatment when ordered
* ARD Eligible |
| 2nd DUI |
Ungraded Misdemeanor
5 days to 6 months jail
$300 to $2,500 fine
Alcohol highway safety school
Treatment when ordered
12 month license suspension
1 year ignition interlock |
Ungraded Misdemeanor
30 days to 6 months Jail
$750 to $5,000 fine
Alcohol highway safety school
Treatment when ordered
12 month license suspension
1 year ignition interlock |
1st degree Misdemeanor
90 days to 5 years Jail
$1,500 to $10,00 fine
Alcohol highway safety school
Treatment when ordered
18 month license suspension
1 year ignition interlock |
| 3rd DUI |
2nd degree Misdemeanor
10 days to 2 years Jail
$500 to $5,000 fine
Treatment when ordered
12 month license suspension
1 year ignition interlock |
1st degree Misdemeanor
90 days to 5 years Jail
$1,500 to $10,000 fine
Treatment when ordered
18 month license suspension
1 year ignition interlock |
1st degree Misdemeanor
1 to 5 years prison
$2,500 to $10,000
Treatment when ordered
18 month license suspension
1 year ignition interlock |
| 4th+ DUI |
See Above |
1st degree Misdemeanor
1 to 5 years Prison
$1,500 to $10,000 fine
Treatment when ordered
18 month license suspension
1 year ignition interlock |
See Above |
At first glance, the consequences of DUI in Pennsylvania may seem harsh. There can be a high cost of dui in Pittsburgh and Pennsylvania. However, the best DUI attorneys in Pittsburgh, Allegheny County, and Pennsylvania dedicate a significant portion of their practice to DUI, and know how to deal with DUI penalties.
But this chart is not the end of the inquiry. Attorney Michael V. Worgul is aware of the options available to help mitigate what might otherwise be a dire situation for you. He understands that a lengthy license suspension can be devastating to a person’s livelihood. He will take every step necessary to fight for your right to remain out of jail despite the mandatory guidelines listed above, and avoid a costly license suspension.
If you have been charged with DUI in Pittsburgh, Allegheny County, or any other Pennsylvania county, contact me, Pittsburgh DUI attorney Michael V. Worgul, now.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: best DUI attorneys in Pittsburgh, Pennsylvania DUI Penalties
Posted in DUI | Comments Off
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