Exceptional Results Require Exceptional Representation
Exceptional Results Require Exceptional Representation
The right experience matters. I haven’t just been an attorney the last ten plus years. I’ve been a trial attorney. A prosecutor. A criminal defense attorney. Few if any can match that level of recent experience in the trenches.
The right experience matters. Finding the right criminal defense attorney isn’t an easy task or a decision to be taken lightly. You need to find an attorney who has the experience to get you the best possible results. My experience is unique and significant. In addition to considerable trial experience, I have also developed invaluable insight and professional relationships. Insight and professional relationships used, in many instances, to get results no other defense attorney can achieve. Remember, exceptional results require exceptional experience. Reach out for a FREE consultation to discuss why my unique experience makes Panighetti Law firm in Erie, PA the right choice for you.
It should come as a little surprise the charge of DUI in Erie PA is impacting especially given that Driving Under the Influence represents the misdemeanor offense individuals are most likely to face at some point in their lifetime. Even the most law abiding and upstanding members of this community can, depending in some instances on circumstances beyond their control, be put in a position where they will be charged with DUI. The reason that is the case is very simple. Nearly everyone drinks alcohol, and at some point nearly everyone who drinks is going to drive at a time and location where a police officer is going to believe they’re impaired.
Notice: I highlighted the word believe. The reason I did that is because not all Driving Under the Influence charges are created equal. Some are the byproduct of over aggressive police officers.
When that is the case you need an attorney who understands all the nuances of:
Whether you were properly stopped by the police.
Whether they had enough to arrest you based on what happened and what they observed after the stop.
Whether they properly read you Miranda Warnings once you were in custody but before asking you questions that could put you in a position to unconstitutionally incriminate yourself.
Whether they followed all the proscribed protocols when acquiring your blood or breath for chemical testing.
All of these possible issues and more can be the difference between a conviction and long license suspension and the case being thrown out altogether.
DUI Lawyer in Erie, PA
You need an experienced DUI Lawyer in Erie PA who understands the nuance of all those issues. A DIU attorney that spent nearly six years on the other side as a prosecutor is the ideal individual to hold law enforcement to task.
I was fortunate to serve as an Assistant District Attorney in Erie County from August 2009 until January 2015. In that position, among numerous other duties and experiences, I prosecuted approximately sixty jury trials to verdict, securing conviction in a high percentage of cases. These jury trials consisted of defendants charged with, among other more minor offenses, Driving Under the Influence, Homicide, Robbery, Firearm Possession, Felony Drug Possession and Delivery, Burglary, Aggravated Assault, Simple Assault, and Theft. While serving as a prosecutor I interacted on a daily basis with all members of law enforcement and the judiciary at both the Magisterial District Judge and Common Pleas Court level.
This significant and detailed experience as a prosecutor has allowed me to get tremendous results for my clients because, quite frankly, I’ve been in the shoes of the representative from the Commonwealth. This gives me tremendous insight into the appropriate approach regardless of the unique circumstances of your case. This extensive experience as a prosecutor has put a unique skill set and combination of experiences at my fingertips when representing future clients. As a result, I look forward to having the opportunity to sit down with you, talk about your case, and show you how I can put my skills and experience to work for you.
I was fortunate to serve as an Assistant District Attorney in Erie County from August 2009 until January 2015. In that position, among numerous other duties and experiences, I prosecuted approximately sixty jury trials to verdict, securing conviction in a high percentage of cases. These jury trials consisted of defendants charged with, among other more minor offenses, Homicide, Robbery, Firearm Possession, Felony Drug Possession and Delivery, Burglary, Aggravated Assault, Simple Assault, Theft and Driving Under the Influence.
While serving as a prosecutor I held a primary role in the Erie County Gun Task Force, I handled a high percentage of the felony drug cases, and I interacted on a daily basis with all members of law enforcement and the judiciary at both the Magisterial District Judge and Common Pleas Court level. This significant and detailed experience as a prosecutor has allowed me to get tremendous results for my clients because, quite frankly, I’ve been in the shoes of the representative from the Commonwealth. This gives me tremendous insight into the appropriate approach regardless of the unique circumstances of your case.
When Experience and Insight Matters
This experience also allowed me the opportunity to join Gene Placidi and Jeff Veitch as a criminal defense attorney at Melaragno, Placidi, Parini & Veitch in January 2015. I have since moved on and created my own criminal practice, Panighetti’s Law. Since leaving the District Attorney’s Office, I have served as a criminal defense attorney in Erie, Crawford, Warren and Mercer counties. In that capacity I have defended numerous clients facing felonies relating to a variety of charges including but not limited to gun and drug possession, aggravated assault, and theft.
I have also successfully defended clients facing misdemeanors such as simple assault, terroristic threats and driving under the influence. In many circumstances I have also represented clients charged in the summary cases of underage drinking, harassment, public intoxication, disorderly conduct and driving while suspended.
This wide array of cases coupled with my extensive experience as a prosecutor put a unique skill set and combination of experience at my fingertips when representing future clients. I hope one of those future clients is you.
Be sure to take a moment to review the page relating to the specific offense you are charged with as well as the Criminal Law Frequently Asked Questions (FAQ’s).
If you need a criminal defense attorney in Erie, PA, contact me on 814-806-6385 or send an email on justin@panighettilaw.com.
The right experience matters. I haven’t just been an attorney the last ten plus years. I’ve been a trial attorney. A prosecutor. A criminal defense attorney. Few if any can match that level of recent experience in the trenches.
My hard earned personal and professional experiences have made me a fiercely competitive, yet calm, calculated and practical attorney. I understand there are many nuances involved in effectively defending your case. There are and will be times when we will fight the other side through litigation. There are and will be times when your interests are best served by careful and timely negotiation. Understanding when and how to use these and other approaches WILL determine the outcome of your case. As your Erie criminal defense lawyer, I approach every case with two goals.
Best Possible Result
That you achieve the best result possible.
You are Happy
That you are happy with how I represented you.
Honesty is extremely important to me. I will never tell you what you want to hear in order to get you to hire me or to avoid having a difficult conversation. I will be honest with you, treat you with respect, and explain not just what I think we should do but why I think we should do it. I strongly believe that type of representation is required because if you are in a position to be reading this then you are likely going through one the toughest periods in your life. You need an attorney who understands that.
In 2009, I moved back home to Erie from Boston, Massachusetts and accepted a position with the Erie County District Attorney’s Office. In that position, I prosecuted approximately sixty jury trials to verdict, securing conviction in a high percentage of cases.
These jury trials consisted of defendants charged with, among other more minor offenses:
Driving Under the Influence
Criminal Homicide
Armed robbery
Firearm offenses
Felony Drug Possession and Delivery
Burglary
Aggravated Assault
Simple Assault
Theft
In addition to trial experience, I had the opportunity to serve a vital role in gun and drug cases as the District Attorney’s representative on the Erie County Violent Offender Gun Task Force the majority of 2013 and 2014. I further served as a primary felony drug prosecutor from early 2011 through 2014. As a primary drug prosecutor, I handled a significant number of suppression hearings, most in cases related to the delivery and possession of controlled substances and the unlawful possession of firearms. All of this experience was earned while managing a caseload of approximately 250 per year. Lastly, while serving as an Assistant District Attorney I had the opportunity to argue in front of the Superior Court in a case which resulted in the lower court decision being overturned. I’ve also attended the week long Pennsylvania Narcotics Association “Top Gun” Training Program in October 2011. Since leaving the Erie County District Attorney’s Office I have served as a Criminal Defense Attorney in Erie, Crawford, Warren, and Mercer County. As a Criminal Defense Attorney I have represented clients charged with offenses ranging from Driving Under the Influence and Simple Assault to Felony Drug and Gun Possession.
Personal Background
I was born and raised in Erie. I attended Erie City Schools for Preschool and Kindergarten and then the Erie Catholic Diocese 1st through 8th grade. In high school I attended McDowell and from there moved on to Edinboro University. I went to law school in Boston, Massachusetts at Suffolk University Law School. I lived in Boston until 2009 when the desire to return home became too much to ignore. I have lived here ever since. As a child and then as a teenager sports were a huge part of my life. I played Boys Baseball in the City of Erie. I played football, basketball, soccer, swimming and golf while in grade school. In high school I was fortunate enough to be a member of the state runner-up McDowell Trojan basketball team.
These personal and professional experiences have made me a fiercely competitive yet calmly calculated and practical attorney. I understand there are many nuances involved in effectively defending your case. That said, I also understand how I represent you means just as important as the practical outcome we achieve together.
Let's Talk
Hopefully this small glimpse into who I am personally and professionally will lead to an opportunity for us to sit down and talk about how I can put my skills and experience to work for you.
These four offenses are the most common types a person is likely to be charged with in relation to the unlawful possession of a controlled substance:
Possession of a Controlled Substance
Possession of Drug Paraphernalia
Possession with Intent to Deliver
Delivery of a Controlled Substance
In most instances, drug charges come about in one of two ways:
Through a search of an individual or their vehicle after a police interaction or traffic stop.
Through an investigation conducted by law enforcement where controlled substances are seized via buys or search warrants.
The first situation generally results in a person getting charged with misdemeanors. The second, not surprisingly, normally leads to felony charges. There is a tremendous amount of nuance to defending a drug case, especially a felony drug case. As a result, they can be very complicated and often involve preliminary hearings, suppression hearings, and trials.
What should you expect when facing a charge relating to the possession of a controlled substance?
The County in which you were charged will make a difference. Why?
The Preliminary Hearing places an extremely low burden on the Commonwealth. Why?
Your Constitutional protections matter. A lot. Why?
When talking Possession with Intent to Deliver, the devil is always in the details. Why?
As one might expect, this is not an exhaustive list of the things you should be aware of as you navigate through the judicial system with a charge relating to the possession of a controlled substance. However, it’s a good start.
Let's Talk
I hope we have the opportunity to sit down and talk about how I can put my skill and experience to work for you.
Being charged with a crime based on an allegation of assaultive behavior can come in many shapes and sizes. The most common people often think about, because it’s so often played out on television shows and in movies, is when a stranger assaults another stranger. However, the reality is that most assaults are between people who know each other – often between siblings, spouses, friends, or even co-workers.
It should come as little surprise that these situations often occur when alcohol is involved. As a result, there can often be a tremendous amount of factual nuance to each case, even those cases which don’t involve alcohol. By factual nuance, I’m referring to the often differing witness accounts which will frequently make up the crux of both the defense and prosecution case.
There are four potential assault charges and each is different.
Aggravated Assault (Felony of the 1st or 2nd Degree)
What is an Aggravated Assault?
In most instances, a person is charged with aggravated assault when he or she:
Attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life.
Attempts to cause or intentionally, knowingly or recklessly causes bodily injury to any member of a protected class (police officer, firefighter, etc), while they are in the performance of their duty.
Attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon.
What is Simple Assault?
In most instances, a person is charged with simple assault when he or she:
Attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another.
Negligently causes bodily injury to another with a deadly weapon.
Attempts by physical menace to put another in fear of imminent serious bodily injury.
What are Terroristic Threats?
In most instances, a person is charged with terroristic threats when he or she:
Communicates, either directly or indirectly, a threat to commit any crime of violence with intent to terrorize another.
What is Recklessly Endangering Another Person?
A person is charged with recklessly endangering another person when he or she:
Recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury.
Obviously, these broad descriptions of each crime contain words in italics which often have legal definitions which, in addition to the credibility of the witnesses involved, can make or break the case.
What can you expect when facing an assault charge?
The County in which you were charged will make a difference. Why?
The Preliminary Hearing places an extremely low burden on the Commonwealth. Why?
Credibility is everything. Why?
As one might expect, this is not an exhaustive list of the things you should be aware of as you navigate through the judicial system with an assault charge. However, it’s a good start.
Let's Talk
I hope we have the opportunity to sit down and talk about how I can put my skill and experience to work for you.
Getting an experienced and knowledgeable juvenile defense attorney to represent your child’s interests when charged with a juvenile offense in Erie County is extremely important in light of their short and long term outlook. That means you need an attorney with both significant and recent experience within the Juvenile Justice System.
Many juvenile crimes attorneys will not tell you this, but the Juvenile Justice System is very different in comparison to the Adult System. In many ways, it can be more “punitive” and missteps abound if the attorney representing your child only dabbles in that arena. As you have likely seen from my “About” page, I was a prosecutor first. Since then, I’ve spent even more time as a private defense attorney. But what is somewhat less known is that I have spent two mornings a week over the last several years representing juvenile cases in Erie County. That has provided me with experience, knowledge, and relationships few other criminal defense attorneys can boast to have at their disposal.
That dynamic places me in a position to begin representing your child immediately. I know who will be making the initial key decisions. I also have an intimate understanding of the process. That includes how to handle a detention hearing, what to expect in an intake interview, what is expected at status conferences, and what crimes and circumstances create the risk of placement. Navigating all of those circumstances is extremely difficult if you simply dabble in juvenile defense in Erie PA.
Erie Juvenile Lawyer
If you are reading this you are likely panicking. As a father myself, I understand why this situation ranks very high on the worst-case scenario list for a parent. But, take a deep breath and give me a call. It is very likely I can put your mind at ease if only by helping you better understand the road ahead. In many instances, a good outcome is readily achievable. In some cases however, missteps at any stage in the process, including within the first twenty-four hours, can be the difference between a positive outcome and your child being placed outside your home.
I can be reached at 814-806-6385. Someone will be available to answer your call twenty-four hours a day, seven days a week.
Let's Talk
I hope we have the opportunity to sit down and talk about how I can put my skill and experience to work for you.
There are a variety of different charges one can receive when charged with Driving Under the Influence by law enforcement. And, in most instances you won’t just be charged with one offense. Most of the time you will be charged with two and in some instances as many as four different DUI offenses in Erie PA.
How many you are charged with initially will depend on whether you provided blood or breath for chemical testing and whether law enforcement believes you have drugs in your system as well. With that, let’s look at the various offenses so you have an idea how and why you are charged with what you are charged with.
Driving Under the Influence - General Impairment
What is General Impairment?
In most instances, a person is charged with Driving Under the Influence – General Impairment when he or she:
Drives, operates, or is in actual physical control of the movement of a vehicle.
After imbibing a sufficient amount of alcohol.
Such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of a vehicle.
Also, in instances where blood or breath was provided, one can be charged with Driving Under the Influence – General Impairment when one's blood alcohol content (BAC) comes back after testing in the 0.08 to 0.10% range.
Driving Under the Influence - High Rate of Alcohol
What is a High Rate?
In most instances, a person is charged with Driving Under the Influence – High Rate of Alcohol when he or she:
Drives, operates, or is in actual physical control of the movement of a vehicle.
After imbibing a sufficient amount of alcohol.
Such that the alcohol concentration in the individual’s blood or breath is at least 0.10% but less than 0.16%.
Within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
Driving Under the Influence - Highest Rate of Alcohol
What is a Highest Rate?
In most instances, a person is charged with Driving Under the Influence – Highest Rate of Alcohol when he or she:
Drives, operates, or is in actual physical control of the movement of a vehicle.
After imbibing a sufficient amount of alcohol.
Such that the alcohol concentration in the individual’s blood or breath is 0.16% or higher.
Within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
Driving Under the Influence - Controlled Substances
What is a DUI – Controlled Substances?
In most instances, a person is charged with Driving Under the Influence – Controlled Substances when he or she:
Drives, operates, or is in actual physical control of the movement of a vehicle.
When there is in the individual’s blood any amount of a Schedule I, II, or III controlled substance. (The substance must NOT have been medically prescribed). OR
When there is in the individual’s blood an amount of a metabolite of a schedule I, II, or III controlled substance. (Again, the substance must NOT have been medically prescribed). OR
The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle. OR
The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of a vehicle.
As I alluded to at the top, it is very unlikely that you will be charged with only one Driving Under the Influence offense. Generally, that only happens when a person “refuses” to provide blood or breath. In that instance, the person will be charged with Driving Under the Influence – General Impairment – Refusal. In most instances you will be charged with two offenses, one Driving Under the Influence – General Impairment and one Driving Under the Influence relating to your blood alcohol content, depending on whether it came back as High or Highest Rate. If law enforcement believes you also have controlled substances leading to impairment you can have four or more of the above Driving Under the Influence charges lodged against you.
Regardless of which specific offenses are lodged against you, there are defenses and nuanced methods to attack and potentially beat each one. Generally, whether that is successful will come down to the specific facts and circumstances of your case and your attorney’s experience and understanding of the many defenses available to you.
First-time DUI offenders in Pennsylvania may be eligible for the ARD Program. The Pennsylvania ARD Program provides first-time offenders with a chance to avoid DUI conviction on their permanent record.
What Does ARD Stand for?
ARD stands for “Accelerated Rehabilitative Disposition”. It is a pre-trial diversion program required by the Pennsylvania State to promptly dispose of all charges for first-time offenders, as long as the conditions or ARD are met.
Many people have a misconception that the ARD DUI PA Program lets offenders off the hook, but it’s not that simple. Being in the PA ARD DUI Program is similar to being on probation for a DUI charge. An offender is not required to serve jail time but will be under court supervision. The state may order the offender to obtain Drug and Alcohol Evaluation, drug and alcohol treatment if necessary, community service, and probation.
The Court will dismiss the case of an offender who completes the Pennsylvania ARD Program after his or her probationary period. Legally, it’s as if he or she was never charged with DUI and will have a clear record.
Take note that not all first-time DUI offenders are eligible to join the ARD DUI PA Program.
Pennsylvania ARD Eligibility and Requirements
The county’s District Attorney must recommend a first-time offender into the PA ARD DUI Program. The goal of ARD is to offer offenders a rehabilitative program that will give them a fresh start. Typically, a first-time offender charged with a minor offense — such as possession of a controlled substance for personal use — is eligible to join the program.
However, the Court will consider these factors in determining eligibility:
Possession of a Controlled Substance
Possession of Drug Paraphernalia
Possession with Intent to Deliver
Delivery of a Controlled Substance
The presence of these factors drastically decreases an offender’s chances of joining the ARD program.
While ARD is a one-time deal, it has many benefits. It would be unwise not to use it if the Court charges you with your first relatively minor criminal offense. This program can shorten your license suspension, lower fines, potentially clear your record, and prevent jail time.
Apart from all the benefits of ARD, an offender under the program can avoid the mandatory ignition interlock requirements. Some DUI cases require offenders to have an ignition interlock device in any vehicle they drive for at least one year.
Keep in mind that you may only participate in the ARD once. You cannot use the ARD for a second DUI charge, and you will also face second offense penalties in such a case.
How Long are ARD Classes in PA?
Every ARD-DUI case must undergo a 30-day to a two-year period of supervision under the ARD Pennsylvania Program. The defendant’s alcohol and substance abuse are being treated with rehabilitation methods and community service.
Upon the successful completion of the ARD Program in Pennsylvania, the ARD offender may petition the court to have their charges expunged or sealed from the public records.
License Suspension
One of the often-overlooked aspects of the Pennsylvania ARD Program is the attendee license suspension. This ARD Program PA requires the Court to mandate license suspensions based on the offender’s Blood Alcohol Concentration (BAC) levels. These are the mandatory suspensions the Court implements for the ARD.
BAC 0.8–.99 with no accident: no suspension
BAC .10–.159 or BAC 0.8–.99 with accident: 30-day suspension
BAC .16 and above: 60-day suspension
The state of Pennsylvania does not issue occupational licenses for suspensions under 60 days. Offenders who choose to use the ARD must serve their license suspensions in their entirety.
If you have DUI or ARD Program concerns, Panighetti Law can represent you. Justin Panighetti has been a DUI defense lawyer in Erie, PA for over ten years and has extensive experience. You will be provided with sound legal advice on the best course of action for your DUI case. Contact us today 814-314-0051
Let's Talk
I hope we have the opportunity to sit down and talk about how I can put my skill and experience to work for you.
Contact Details:
Erie Law Firm
1001 State St Suite 1412 Erie, PA 16501
Phone: 814-806-6385
Email: justin@panighettilaw.com
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