Mandatory DUI Jail sentences may sometimes be served in what are commonly known as halfway houses instead of Jail. Such a sentence may also allow for the individual to attend work and/or school during the day and return to the facility at night.
Burden of Proof
The level of evidence that must be presented by the Commonwealth.
A formal charging document filed with the Clerk of Courts which specifies the particular crimes the accused is charged with and the dates on which they occurred.
This is a copy of all of the evidence that the Commonwealth has against the accused. It may include police reports, Breathalyzer or Laboratory reports, photographs, witness statements, expert reports and any other evidence that has been obtained by the Commonwealth.
Very similar to alternative housing except that the individual is incarcerated in their home. The individual wears a monitoring anklet which allows their whereabouts to be tracked at all times. This type of sentence may also allow for the individual to attend work and/or school.
Twelve citizens of the Commonwealth sit as the "Judges of Fact" and decide whether the individual is Guilty or Not Guilty. During the trial a Common Pleas Court Judge will make all legal rulings and instruct the Jury on the law to apply to the facts.
A Common Pleas Court Judge will make factual decisions instead of a jury and return the verdict of Guilty or Not Guilty.
This is an agreement reached by the accused and the Commonwealth. A plea agreement can involve pleading guilty, or no contest, in return for a reduction in the charges and/or an agreed upon sentence. An experienced Pittsburgh DUI Lawyer will be able to get you the best plea agreement under the particular circumstances of your DUI case.
The Department of Probation prepares a report to aid the Court in sentencing. It will summarize the crime, the individual's prior criminal and personal background and a statement from the victim(s).
Prima Facia Case
The Commonwealth must present evidence that a crime has been committed and that it is more likely than not that the accused is the perpetrator of that crime.
During a probationary period the individual is not incarcerated but is supervised by an officer from the Department of Probation.
•Are you wondering whether you will have to go to jail?•Are you wondering whether you will lose your License?•Are you wondering what happens next?•Are you wondering whether your arrest will be made public?Do you want answers to all of the above questions and more? The contact us now for your Free DUI Consultation.Pittsburgh DUI Defense Attorney Heym will explain: •Pennsylvania DUI Law;•What you are facing;•What your options are;•The DUI Criminal Justice System from beginning to end;•The answers to any other questions that you have.
Don’t leave those questions unanswered or let your DUI charge affect the rest of your life. Let us Fight for You! Contact George Heym Now!
Or call at 412-521-2628
A Driving Under the Influence charge does not have to result in a conviction.
There are many legal issues which can be raised in your defense by an experienced Pittsburgh DUI Lawyer in order to beat DUI charges. Every DUI case is unique and must be evaluated on its own facts by an experienced Pittsburgh DUI Attorney. George A. Heym is a Former Pittsburgh DUI Prosecutor with the training and experience necessary to properly evaluate your Driving Under the Influence case and fight on your behalf.
Driving Under the Influence Defense Pennsylvania Counties
The Law Offices of Pittsburgh DUI Lawyer George A. Heym are located in downtown Pittsburgh, Pennsylvania. In addition to defense of Pittsburgh Drunk Driving charges, Attorney Heym also defends Allegheny County DUI, Armstrong County DUI, Beaver County DUI, Butler County DUI, Westmoreland County DUI and Washington County Pennsylvania DUI. Pittsburgh DUI Attorney George Heym always offers a FREE DUI CONSULTATION on all Driving Under the Influence cases. If you are facing a DUI charge contact Attorney George Heym immediately so that he can guide you through the criminal justice system to the outcome that you want.
Every DUI client has individual needs
Some DUI Attorneys will just tell their clients what to do without regard to the client’s actual needs. Pittsburgh DUI Lawyer George Heym does not practice this way. During your Free DUI Consultation Attorney Heym will determine what•Your goals are for the DUI case•Your needs are in how any sentence might affect your life•Your fears are regarding the DUI chargesPittsburgh DUI Attorney Heym believes that his job as a DUI Defense Attorney is to determine what your needs and wants are and then to make those things happen rather than just tell you what result you should want. For example, are you•A student•A parent or single parent•In a profession which has special licensing rules•in a job that has odd or long working hours•Currently living in another County or StateIf so, your case needs special attention to reach the correct outcome for YOU. A full time student might need a very different outcome than a single parent.
Pittsburgh DUI Lawyer George Heym's Personal Guarantee
When you are represented by me in a DUI case you can always count on the fact that I will treat you with kindness, courtesy and respect. I will take the time to be sure that you always completely understand ALL of the legal options available to you. I will bring all of my Pittsburgh DUI experience and training to bear on your case and use them to fight on your behalf. I know that the fear and stress of being charged with a DUI weigh on a person's mind at all times and not only during business hours. Thus, I will make myself available to you for questions or concerns about your DUI case 24 hours a day seven days a week and not just from 9 to 5.
WHAT TO EXPECT NEXT IF YOU HAVE BEEN STOPPED FOR, OR
CHARGED WITH, A DUI
If, at the time of your Driving Under the Influence stop, you were released (rather than being booked into the county jail) you will receive a "DUI summons" in the mail. This summons will generally contain three items:•A copy of the criminal complaint which has been filed against you. This will contain a list of the charges filed and a factual summary of what the Police Officer alleges happened - this is called an an "Affidavit of Probable Cause";• A Preliminary Hearing Notice - this will tell you when and where your Preliminary Hearing will take place;• A Fingerprint Order - this will order you to appear a to be fingerprinted for these charges (some Magistrates may give this to you at the Preliminary Hearing instead of sending it in advance). Receipt of this summons begins the process of your DUI charge in the Judicial System. The following is a summary of what you can expect as your DUI charge works its way through that system.
This hearing will be held in front of a District Judge and is initiated by a police officer filing a criminal complaint against you. The purpose of this hearing is to determine whether or not the Commonwealth can establish enough evidence for the case to be sent to Common Pleas Court for trial. The burden of proof on the Commonwealth at a preliminary hearing is "Prima Facia" - in layman's terms the Commonwealth must prove that it is more likely than not that a crime was committed and that it is more likely than not that you are the person who committed this crime - this is a very low burden of proof. However, that does not mean that Driving Under the Influence charges cannot be dismissed, or worked out to lesser charges, at this proceeding. Therefore, it is very important to be represented by an experienced Pittsburgh DUI Lawyer at your preliminary hearing. If all, or some, of the charges are held for court you will next have to attend a . . .
At this proceeding a Common Pleas Court Judge (or a member of the Court staff) will officially inform you and your Lawyer of all of the charges against you. The Judge will read the charges from the Criminal Information. You will also be given a date to return for a . . .
At this conference you, and your DUI Defense Lawyer will meet with the prosecutor assigned to your DUI case and pick a date for your case to proceed to trial. It may also be a good opportunity to receive discovery in the case, confirm which mandatory DUI Jail sentences apply and negotiate potential plea agreements. This is why it is so important to be represented by an experienced Pittsburgh DUI Attorney prior to this time. Next, you will have to return for the . . .
On this date, you will be expected to proceed to trial. However, there are several things that can actually happen on this date. First, you can actually proceed to trial. You will have the choice of proceeding with either a non-jury or a jury trial. Second, you might negotiate a plea agreement with the prosecutor. Third, the case might be postponed because one of the parties is unable to proceed to trial on that date. Finally, if the Commonwealth is unable, or unwilling, to proceed with the case it will be withdrawn by the prosecutor or dismissed by the Judge. Only a knowledgeable DUI Defense Lawyer can evaluate your case to determine which of these options is in your best interest. If you are convicted of, or plead guilty to, your DUI charges you will then have to proceed to . . .
After conviction, or plea, you will have the right to ask the Court for a pre-sentence report which will postpone your sentencing for approximately 90 days or you can waive your right to the pre-sentence report and ask the Judge to impose sentence immediately. At sentencing it is imperative that your Pittsburgh Drunk Driving Lawyer have the training and experience necessary to ensure that the correct mandatory DUI sentence is imposed. Otherwise you could end up being sentenced to far more jail time than you should. You will then have to . . .
Serve Your Sentence
If you are represented by an experienced DUI Lawyer, mandatory DUI jail sentences may often be served in alternative housing or on house arrest rather than in jail.
Common Problems faced by those charged with Pittsburgh DUI
When you are charged with a Pittsburgh DUI there are Common Problems which can cause you to have a result that you are not happy with1.You could receive a sentence which requires you to spend time in jail.2.You could receive a longer than necessary term of Probation.3.You could receive a longer than necessary Driver’s License suspension.4.You could plead guilty to, or be found guilty of, charges that could have been beaten or dismissed.5.You could pay far more in fines than you have to.Pittsburgh DUI Defense Attorney George Heym spent nearly a decade as a prosecutor in Allegheny County and has spent the last 7 years defending only DUI cases.He has close to 100 Jury Trials and approximately 500 Non-Jury Trialsunder his belt. Therefore, he has vast experience with all of the issues that can arise in defending a DUI case and has no fear of going to trial if that is what is necessary. He will use his knowledge of not only DUI Law but also of the Criminal Justice System to ensure that none of these things happen to you!Call Now for your Free DUI Consultation!412-521-2628
DUI Legal Representation Fees
Some of the most important questions that you may have are1.What will Legal representation cost me?2.When do I have to pay my Legal Fees?3.Can I set up some kind of payment plan?There are attorneys that bill their clients by the hour for DUI representation. The problem with this system - for you - is that you have no idea what representation will end up costing you. If a Police Officer is late to Court you are paying your Attorney additional money to sit and wait. How can you plan for the future without knowing how much money you need to set aside for your DUI case?This is why Pittsburgh DUI Lawyer George Heym works on a fee per case basis - that means that you pay a flat fee for legal representation in your DUI case. Thus, you know before hiring Attorney Heym how much you will have to pay in total. This payment system helps remove some of the stress associated with your Pittsburgh DUI charges.After your Free DUI Consultation Attorney Heym will tell you the exact flat fee for representation in your particular DUI case. Of course, Pittsburgh DUI Lawyer Heym is always willing to work with you to set up a payment plan that is acceptable to you.