Am I going to jail?

The short answer, in many instances, is probably not. The long answer, as you might expect, is it depends. It depends on the county in which you were charged because in most instances the more rural the county the more likely the Commonwealth is to be seeking a penalty of incarceration.

It also depends on the crime and whether there are legislatively mandated mandatory minimum sentences. Most notably, I am specifically referring to Driving Under the Influence, which does carry mandatory minimum jail sentences in many cases. It can also depend on the prosecutor who is assigned your case as each have a different approach to handling and disposing of their cases.

It probably comes as little surprise that it also depends on the seriousness of the offense and an individual’s prior record. There is a matrix or sentencing guideline courts use to determine a sentence range. What they do is use a matrix which has your prior record score across the top and the offense gravity score running top to bottom on the left. It works the same way as the Super Bowl quarterly scoring pools people are often so familiar with.

The Court then cross references both, which gives the judge a sentencing range. Within that range the Court also has the option to go into both the “aggravated” and “mitigated” range depending on the specific facts and circumstances of your case.

Lastly, it almost always depends on the criminal defense attorney you have and his or her understanding of these and other, often very nuanced and complicated circumstances.

Am I going to have a record?

Most people ask this question out of concern for what the offense may mean when it comes to acquiring or keeping a job. How a charge impacts your record generally falls into four categories.

• There are those cases in which the charge is dismissed or the person is found not guilty. In those instances the person has no convictions and theoretically no record. However, it should be noted that a record showing you were charged will still exist unless it is expunged. Of course, a dismissal or finding of not guilty is the outcome everyone wants, but it should come as little surprise that is also the outcome which is the hardest to attain.

• The second outcome is the summary disposition. That is a circumstance where a misdemeanor (or in rare instances a felony) is pled down to a summary. Summary dispositions can be appealing because they are much less likely to carry weight with an employer and are much more easily expunged (more information on expungements).

• The third outcome is a misdemeanor conviction. Once a person reaches this stage there are more practical concerns to consider because a misdemeanor often has to be disclosed to an employer and can be difficult, and in some instances, nearly impossible to expunge.

• The fourth outcome is a felony conviction. This outcome has significant and often life-long ramifications. Under those circumstances, a plea or conviction to an offense of that nature, in addition to the risk of incarceration, can often be life altering.

In light of all of these factors, the knowledge and experience your attorney has weighing and navigating these dynamics can often make all the difference.

Am I going to lose my license?

As a prosecutor with the Erie County District Attorney’s Office for many years, I don’t think I realized just how impactful a suspension of one’s driver’s license can be. Specifically, in some instances, the suspension can place the individual’s job at risk. Further, due to the financial and everyday stress of not being able to drive yourself to your job, your school, or any other important place in one’s life, a person’s relationships with their significant other or even children can be negatively impacted.

The most common charge which can carry a suspension is Driving Under the Influence. Suspensions relating to a DUI charge can range from none at all (in very few circumstances) to multiple years, depending on how many prior offenses a person has and the specific facts and circumstances of their case.

Suspensions can be debilitating. In light of that, it is important for people to realize that suspensions are often non-negotiable in that they are handed down by the Pennsylvania Department of Transportation. As a result, it is important that your attorney is aware of the potential suspensions and what options he or she may have to minimize your exposure.

How long is this going to be hanging over my head?

There are a number of “mile markers” when it comes to criminal cases. At each stage, it is possible the case could be resolved. However, if it isn’t, the case would move on to the next phase. The first step after charging is the preliminary hearing. That hearing, depending on the judge and the county, will be scheduled within ten days to six weeks after charging.

Should that charge remain unresolved after the preliminary hearing, it is likely the person will have their formal arraignment within three to six weeks from that date. In some instances, a person can plead guilty shortly after arraignment. If not, the case usually proceeds to motions and negotiation. Most cases that survive the initial preliminary hearing are resolved at this stage.

Depending on the number of continuances and motions filed, this time period can take anywhere from six weeks to many months. If the case is still not resolved after motions and negotiations, a trial would remain the likely resolution. Trial is normally scheduled within one to six weeks after a failure to resolve the case by motions or plea.

From charging to completion, the case can hang over a person’s head for as little as one week to multiple years. However, most cases are resolved between six and twelve months after charging. Keep in mind, once the case is resolved, there can be a sentence in the form of probation or incarceration which has to be served. That can extend the impact of the charge out many years beyond the in court resolution.

Can you promise me a certain outcome?

No I can’t. I always say, if you can find an attorney that will make you promises relating to a specific outcome you should, in almost every instance, run away. There is very little black and white within the criminal justice system. A good attorney with experience will realize making promises is not a good idea because so many factors will impact the outcome of your case.

In order to excel, you need an Erie criminal lawyer who can see the potential landmines ahead and pivot in an instant when the situation calls for it. The lawyer who understands that critical dynamic won’t waste his or her time on promises, as he or she will know they aren’t worth the time spent to make them.

Do I need an attorney?