About McMahon, McMahon & Lentz - Federal & State Criminal Defense
If you or someone you know has been arrested, then you need to act quickly in
securing legal counsel.
The firm of McMahon, McMahon & Lentz will effectively represent you through
the investigation stages, arrest and bail hearing level, as well as the preliminary
hearing, pre-trial motions (suppression), trial by jury or judge, and appeal if necessary.
It is important that all your legal rights under the Pennsylvania and United States
Constitutions are zealously protected.
A criminal matter may be brought in State or Federal court. Generally, a person is
subject to prosecution in a State court for an offense that is committed within that
state. A case that starts in State court may be later transferred to Federal court.
A person may be subject to prosecution in a Federal court for conduct occurring within
a State which is also criminalized by Federal law. In addition, criminal conduct
occurring on Federally owned or controlled lands, American ships, or aircrafts are
brought into Federal court.
In addition, in certain cases, you may be eligible for a special program known as
"ARD" (Accelerated Rehabilitative Disposition) that allows a first time
offender on DUI or certain theft related charges to avoid being "convicted"
of an offense. Upon successful completion of the ARD program, an individual can also
seek to have their criminal record expunged.
Accelerated Rehabilitative Disposition
The Accelerated Rehabilitative Disposition, commonly referred to as ARD, is an alternative
to being convicted of a crime in the State of Pennsylvania. An individual who is
allowed admission into the ARD program by the District Attorney's Office will not
be subject to the applicable mandatory minimum jail sentence and license suspension
for a DUI offense. The ARD program is managed by the District Attorney's Office in
the county in which the crime occurred. It is usually granted to first-time DUI and
theft offenders who are likely to benefit from the program. Upon successful completion
of the program, you are eligible for an expungement of your arrest record.
The Law Office of McMahon, McMahon & Lentz will determine if you are eligible
for admission into the ARD program, prepare the necessary documentation for timely
application for the program, negotiate your admission with the District Attorney's
Office, attend the necessary hearings, and upon your successful completion of the
program, obtain an expungement of your arrest record.
DUI-ARD Case
The most common offense that results in ARD being granted is Driving Under the Influence.
A license suspension accompanies acceptance into the ARD program and is based on
the blood alcohol content in your system at the time of the offense. ARD is typically
not granted to DUI offenders who are involved in a serious car accident or who have
a minor child inside the vehicle at the time of the offense. However, entry into
the program is decided on a case-by-case basis, and is within the discretion of the
District Attorney's Office.
Theft-ARD Case
Another common offense that results in ARD being granted is Theft related offenses.
This can include offenses, including but not limited to, Retail Theft, Theft by deception,
Receiving Stolen Property, and Writing Bad Checks. Admission into the ARD program
on a theft offense can depend on the amount of theft involved and whether the victim
has been repaid.
The information contained herein should not be used as a substitute for personal
legal advice. You should contact the Law Offices of McMahon, McMahon & Lentz
to schedule a Consultation with an attorney who will speak to you regarding your
specific situation.
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