Mondays are always busy at my office. Not only do we get a lot of new clients calling that
got in trouble over the weekend, Mondays are the day for pre-trial conferences in Delaware County. We are usually double and triple booked for Mondays in Delco. In addition, my secretary is usually texting me all the new clients that called over the weekend. I try to get back to everyone on my cell phone in the courtroom hallway in between cases. I have to hustle between courtrooms to get to everyone. It can be stressful at times, but it is well worth it at the end of the day when you provide a good service for your clients and make a good living at it. To me, being a criminal defense lawyer in Pennsylvania is not work. I love what I do, and will never work a day in my life as long as I am doing this.
Today, I started out in Media, District Court. I was scheduled in front of District Judge Klein at 8:30 for a delco possession of marijuana case. My client was charged with
Possession of Marijuana, and Possession of Drug Paraphernalia. I called the police officer the week prior, and asked him if we could drop the case down to a Disorderly Conduct. Disorderly conduct is a summary offense and is a great disposition for a possession of marijuana/paraphernalia cases. It allows you to pay a fine and move on with your life. No probation, no community service, no more court dates, nor more nonsense - it's that simple, just pay the fine and move on. The officer explained to me that Judge Klein does not like to accept guilty pleas for Disorderly Conduct when drug charges are dropped. The judge does have the power to reject the plea agreement. After negotiating with the officer, he said his department doesn't normally do this, but he would speak with his sergeant about dropping this down to a Disorderly Conduct. I also called the DA that would be prosecuting the case, and got her on board with the D.C. plea. When I arrived in the courtroom, the place was packed with defendants, police and attorneys. Everything went smoothly. In court, the cop and the DA both agreed to the D.C. plea. Now we just had to get in with the judge. We slipped it in fast before she could even blink.
I was attached in Judge Dozer's courtroom in the Delaware County Court of Common Pleas for 9:00, and had to get out District Court fast. Judge Klein let us go ahead of the line of attorneys and plead to the D.C.. My client was happy and so was I. She and her brother had marijuana stashed throughout the car she was driving. In some courts, D.C. can be hard disposition to get for possession of marijuana. Even when you are in a court that usually won't accept the plea, never give up. The secret to being a good lawyer is twofold: courtesy and persistence.
If you have been charged with possession of marijuana or drug paraphernalia in Pennsylvania, call Jason R. Antoine, Pennsylvania Marijuana attorney for a free consultation.
Next, I made my way up the road, to the Media courthouse to Judge Barry Dozer's courtroom. First, I want to say there is a light at the end of the tunnel for judges. Judge Dozer is a credit to the judiciary and a fair, tolerant man. He always shows respect to attorneys and defendants, and knows how to move cases fast. He really is doing a tremendous job for the taxpayers of Delaware County. I was scheduled in front of Judge Dozer for second offense dui pre-trial hearing. My client hit a tree while he was driving intoxicated. His BAC was a .12..My client was facing a mandatory sentence of 30 days in jail. I filed a motion for habeas corpus because the Commonwealth had no idea when teh accident occurred. If you read the Pennsylvania DUI statute, the Commonwealth must prove that your BAC was at a specified level (i.e. .12%) within two hours of operating a motor vehicle. If the cops arrive and don't investigate to find out when the accident happened, how can they tell whether my client's BAC was at a certain level within two hours of driving?. For all they know, the accident could have happened 5 hours ago, 8 hours ago or even yesterday. Police officers are trained at the academy to feel the hood of the car to see if it is warm. This is one way of determining if the accident happened recently. The cop didn't do this. We were prepared to take this case all the way to trial, however, we used this as a bargaining chip to a great deal in the case. We took an open plea to 30 days electronic home monitoring in lieu of any jail time. My client did 30 days on the monitor (ankle bracelet) and no jail time. I tell my clients, even if you have a defense to a case, sometimes taking a guaranteed deal for no jail time is like buying an insurance policy. It's a sure thing you won't go to jail and can keep your job. I like to go to trial and will not shy away from it, but any trial comes with risks. Ultimately, it is up to my client whether to take the plea or go to trial. Today, my client received a great disposition. My client didn't have to go to jail and didn't have to lose his job.
Call Jason R.Anotine, Delaware County DUI lawyer if you or someone you know has been charged with a Pennsylvania second offense DUI.
