More details to this question:
I have a dui (weed)coming up .I feel I have been wronged. Cop said he smelled weed witch is a lie. I didnt smoke weed in my truck. Plus he was standing 6 ft away (this was in july when covid was strong) he didnt have a mask on.i went to my first hearing in Nazareth. I asked for continuous he said no.i had a lawyer but with covid we couldnt meet. He handed me papers to sign I asked if I could call my lawyer he said no.isnt it my right to talk to my lawyer.dont know what I signed.one was for bail.i am being piss tested too.i thought you were innocent until proven guilty. Isnt that making me guilty I havent even had a trail yet.i had a lawyer but all he did was take my 1200 dollars. I saw him twice once to talk then again to take my money .he showed up to my arraignment late it was over said he forgot.gave me a ard paper to sign.i said I was thinking of trail .he called me stupid.i tought it was my right to a jury trail or bench trail. I am not rich but willing to make payments.
1 ANSWER
The right to a jury trial is not absolute in Pennsylvania. That's an important distinction in your case because it sounds like this is a first offense DUI. First offense DUI's in Pennsylvania carry a 6 month maximum sentence, which means you are only entitled to a trial by a judge. Innocent until guilty still applies but the Judge is hearing the case, not a jury. Second, if you were denied a hearing at your preliminary hearing you could request to have it reinstated, depending on what county you are in, that is a possible chance. Be advised, the smell of marijuana clings to things and at six feet a person would absolutely be able to smell it if you had smoked recently. Also be aware, that officers say they smell weed all the time and almost never actually find it. Finally, ARD is not a bad option in most cases because it leaves you without the mandatory jail time and conviction. Call a few local attorneys, chat with them, many do do payment plans. If you don't like your attorney, pardon the cliche, there are many fish in the sea.
Answered on Mar 22nd, 2021 at 3:06 AM