Criminal Law 2018-03-06T13:51:24+00:00

Criminal Law

What kinds of cases does your office handle?

We handle criminal cases which include, but are not limited to DUI’s, drug offenses, assault, gun offenses, theft related charges, traffic offenses, overweight truck offenses, offenses against property, domestic violence and even the most serious charges involving sexually based offenses, manslaughter and homicide.

I was arrested or charged with a crime, what should I do?

If you are arrested or receive criminal charges by mail, you have a Constitutional right to remain silent and a right to have your attorney present during an interrogation and other stages of your case. When you retain our services, we begin by protecting your rights during all questioning to help ensure that you make no inadvertent statements that can be used against you.

What if I am a suspect in a crime but have not been arrested?

If you think that you might be charged, call us immediately. We will accompany you through every phase of the criminal process to protect your rights during all police questioning. We will investigate the circumstances surrounding your charges and develop the most effective defense possible.

What is a driving under the influence charge?

In Pennsylvania, being in physical control of a vehicle with a blood alcohol content of .08% or higher is a misdemeanor offense which carries serious consequences. A DUI charge can also result from operating a vehicle while under the influence of illegal drugs or even lawfully prescribed medication. Most DUI offenses also carry a license suspension and potential jail time so it is critical to have our attorneys evaluate your case to determine whether you qualify for certain exceptions to keep your license.

What exceptions or alternatives exist to pleading guilty to an offense?

In many cases, our office is successful in obtaining Accelerated Rehabilitative Disposition (ARD) for our clients for certain eligible offenses. The ARD program is a program where criminal charges are dismissed upon successful completion of probation, payment of fines and completing other conditions if applicable. The terms of an ARD program can often be negotiated to accommodate the nature of the charges.

Are there defenses available to having my charges dismissed?

The attorneys at McMillen Urick Tocci & Jones have extensive experience evaluating cases and having improperly obtained evidence kept out of your court, often resulting in dismissal of charges. When we initially evaluate a case, we review a variety of factors including:

  • Did the police officer have probable cause to make the initial stop?
  • Did the officer have jurisdiction to make that stop?
  • Was a breathalyzer device properly calibrated and maintained?
  • Was there an unlawful search and seizure?
  • Did the police officer recite your Miranda Rights and follow proper arrest protocol?

Should I plead Guilty?

In some cases, we may recommend pleading guilty to an offense. Whether a guilty plea is the best course will depend on your criminal record, the severity of the charges, potential job consequences, the evidence in the case and potential sentencing. We thoroughly review your case to determine the best course of action and whether the case should go to trial.