Author Archives: epfursich

Being charged with a crime is an incredibly stressful and scary  experience.   A conviction for any  criminal offense in Pennsylvania can lead to jail, probation, fines and court  costs.  Police officers and detectives  are well trained and professional but it is not their job to look out for your  best interest if you are a target of their investigation.  If you have been charged with a crime or  believe that the police are investigating you, it is important to have someone  to fight for you and protect your rights. A good attorney can make all the  difference in the world.

At The Cody Law Firm we are committed to being the premiere criminal  defense firm in Lancaster County. Our attorneys have over 60 years of legal experience  in handling all varieties of criminal cases.   All of our attorneys are accomplished trial attorneys, litigating a  combined hundreds of jury trials and thousands of preliminary hearings and  pretrial motions.  Each of our attorneys  has litigated cases involving Homicide, Robbery, Burglary, Assault, Drugs,  Theft, DUI, and many more.  With our  years of experience, it is very likely that our attorney has handled a case  similar to yours.  Additionally, every  case we handle is reviewed by our team of criminal defense attorneys. This  gives each of our clients the benefit of our combined experience and expertise.

If you have been charged with a crime, call us right away.  Choosing the wrong lawyer can be as damaging  as not having one.  Call us for a free  consultation and let us tell you how we can help.

A.R.D.(Accelerated Rehabilitative Disposition) is a program designed as an alternative to trial, conviction and possible mandatory jail sentence.  Upon successful completion of the program, charges are dismissed.The benefits of ARD include:

-No jail time.

-No criminal record.

-A significantly shorter driver’s license loss.

Some of the negatives about ARD are:

-It’s expensive- In Lancaster County there is a $600 initial fee payable to the County of Lancaster, followed by additional expenses once accepted into the program.  Total costs can be slightly different for each case but plan to spend between $2,000 and $2,500 throughout the term of the program.

-You have to give up important rights, such as the right to a speedy resolution of your case and the right to have a preliminary hearing.  You also lose the right to challenge any aspect of the Commonwealth’s case against you.

-The requirements of ARD are not easy- it usually includes community service and completion of an Alcohol Highway Safety class in a timely fashion.

You should speak with an experience attorney before making the decsion whether to enter into the ARD program.

ARD REQUIREMENTS

Within 30 days from the date of the complaint, you must do the following:

1.   Appear before the Magisterial District Judge to WAIVE your preliminary hearing.

You will receive a preliminary hearing date from the Judge’s office.   Your attorney should send a letter of representation to the assigned Judge to inform him or her that you have discussed the case and that you will be appearing to waive your hearing with the intention of applying for the ARD program.  When you do appear, the Judge’s staff will be expecting you and should have everything ready for you to sign.

2.   Complete an ARD application and submit it to the Office of the District Attorney.

Your attorney should do this for you.   Your attorney will already have most of the information needed to submit your application.  .

3.   Schedule a CRN (Court Reporting Network) evaluation.

Your attorney should schedule the CRN evaluation. If the scheduled date conflicts with your schedule, just contact your attorney and they can rescheduled for you.

Within six (6) months from the date of the complaint, you must do the following:

 

1.  Complete the CRN evaluation.  If the assessment indicates a need for additional treatment, that treatment must be scheduled with a licensed treatment program.
2. Successfully complete the Alcohol Highway Safety School.  There are four (4), 3.5 hour long classes. Do not be late.  If you arrive late, they won’t let you in and you may be forced to repeat the classes.
3. Complete Community Service.
4. Pay $600.00 to the Lancaster County Treasurer’s Office.

After you have successfully completed the above requirements, you will be scheduled to come to Court and be accepted into the 12 month ARD program.  It is at this hearing that you will lose your license for 30, 60, or 90 days.  Following completion of ARD, you will be entitled to petition to have your record expunged.

Occasionally, unforeseen problems will arise along the way with your application or some other aspect of the ARD requirements. Your attorney should be available to troubleshoot these problems and keep you on track towards your goal of completing the program.

By Attorney Ed Pfursich (Fur-sik)

There are three basic types of drug offenses in Lancaster County.

1. The first is a “simple” Possession charge.  This is an allegation that you had actual possession or “constructive” possession of a controlled substance.  An example of actual possession is where police allege to have found drugs on your person (in your pocket, for example).  Constructive possession is where police allege to have found drugs in a place where they think they can show that you had the power and intent to control them. An example of constructive position is where police allege to have located drugs in the trunk of a car you are driving.  “Simple” Possession charges are generally graded as misdemeanors.  Depending on your prior record, a conviction for this kind of offense will usually lead to a sentence of probation or a short county jail sentence.  It is rare for a conviction of this type to lead to a state prison sentence.  However, there are collateral consequences to being charged and convicted of a possession drug offense.  For example, the drug charge can cause serious problems with child custody and your driver’s license.
2. The second is Possession with Intent to Deliver (PWID).  PWID is similar to simple possession but with an added element that the police also allege that you intended to deliver the drugs to another person. PWID is always graded as a felony offense and can lead to significant prison sentence. The severity of the offense varies widely dependent upon the weight of drugs involved, the location of the offense (was it in a school zone?), and whether a firearm was possessed. Often times, mandatory sentences are applicable to PWID charges.
3. The third is Delivery of a Controlled Substance. This involves and allegation that you actually delivered drugs to another person.  Like PWID, the severity of the offense varies widely dependent upon the weight of drugs involved, the location of the offense (was it in a school zone), and whether a firearm was possessed. Often times, mandatory sentences are applicable.

It is important to meet with an experienced attorney to discuss all the direct and collateral consequences of being charged with a Drug Offense as well as any defense you might have to the charge. The possible defenses to a drug offenses are too numerous to list here but an experienced attorney will be able to evaluate your case and discuss these potential defenses.  To list a few possible defenses:

–       Did the police have probable cause to search the area where the drugs were located?

–       If a search warrant was utilized by the police, was it valid?

–       Did any other person have access to the area where the drugs were located?

–       For felony drug offenses: were the drugs possessed for simply “personal use?”

In addition to discussing ways to fight the charge, an experienced attorney will also tell you about a number of programs available in Lancaster County to reduce the severity of the consequences associated with any drug offense.  For “simple” Possession charges, this can include acceptance into a Drug Diversion Program that can lead to having the charge DISMISSED.  For Possession with Intent to Deliver or Delivery charges, this can include acceptance into an Intermediate Punishment Program which can significantly reduce any prison sentence.

*Attorney Ed Pfursich (Fur-sik) is a former Lancaster County prosecutor who now practices primarily criminal defense at The Cody Law Firm in Lancaster, Pennsylvania

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If you are charged with a crime, one of the first and most important decisions you will make is choosing an attorney to represent you. An experienced criminal defense attorney can make all the difference in the world. That’s why all the attorneys who handle criminal cases at The Cody Law Firm have extensive experience in both:

1. Winning criminal jury trials in cases ranging from DUI to Drug Trafficking to Robbery and other violent crimes.
2. When necessary, negotiating criminal cases to achieve reduced charges and sentences for our clients.

There are a lot of lawyers out there who will take your money and stand by while you are convicted of a criminal offense. If you are charges with a crime, you deserve better than that.  Contact us for a free consultation and find out how we can help you.

A conviction for Driving While Operating Privileged Suspended or Revoked under 75 § 1543 of the Vehicle Code in Lancaster County carries serious consequences.  Even a first offense will result in an additional one year loss of license and significant fines and costs.  Second and subsequent offenses may lead to jail time.  A sixth or subsequent offense requires MANDATORY jail sentences.  The attorneys at The Cody Law Firm have handled thousands of Driving Under Suspension cases. We have an excellent understanding of not only the intricacies of the vehicle code; but also the Lancaster County local rules and practices as they relate to Driving Under Suspension cases.   If you are facing a loss of license, our goal will be to find a way to avoid the license loss.  If you are facing jail time, our goal will be to keep you out of jail. Although we can never guarantee success, our experience and expertise in this area of law has allowed us to obtain favorable results for thousands of our clients. Contact us today for a FREE consultation.

A conviction for Driving While Operating Privileged Suspended or Revoked under 75 § 1543 of the Vehicle Code in Lancaster County carries serious consequences.  Even a first offense will result in an additional one year loss of license and significant fines and costs.  Second and subsequent offenses may lead to jail time.  A sixth or subsequent offense requires MANDATORY jail sentences.  The attorneys at The Cody Law Firm have handled thousands of Driving Under Suspension cases. We have an excellent understanding of not only the intricacies of the vehicle code; but also the Lancaster County local rules and practices as they relate to Driving Under Suspension cases.   If you are facing a loss of license, our goal will be to find a way to avoid the license loss.  If you are facing jail time, our goal will be to keep you out of jail. Although we can never guarantee success, our experience and expertise in this area of law has allowed us to obtain favorable results for thousands of our clients. Contact us today for a FREE consultation.

In today’s employment environment, any prior criminal record can affect your chances at landing a good job. If you have successfully completed the ARD program, or if you have a prior conviction for a summary offense (like Retail Theft, Disorderly Conduct, Trespass, Public Drunkenness, etc.), you may be entitled to have your record erased through a Lancaster County expungement petition.  The Cody Law Firm has handled thousands of expungement petitions. We have the know-how and the experience to get the job done quickly and correctly.

Looking for a DUI Attorney in Lancaster, Pennsylvania? The Cody Law Firm has been serving the needs of Lancaster County residents for three decades and has a solid track record of success. We have guided thousands of clients through ARD (Accelerated Rehabilitative Disposition) as an alternative to jail time. This option avoids Lancaster DUI convictions  and may permit the record of arrest to be expunged from your record. ARD is a great option for first time DUI offenders in Lancaster, PA.

There are many Lancaster DUI Attorneys to select from but only The Cody Law Firm has the experience and the history of success needed to see you through this trying ordeal.

Phone: (717) 299-7374

By Ed Pfursich, Esquire

A record of arrest or conviction for a criminal offense can have serious consequences and can significantly limit opportunities in employment and education.  The court records of these incidents do not go away on their own.  They remain with you permanently and are public record available to anyone.  Even arrests or criminal charges that result in a not guilty verdict or a dismissal remain on your record. Additionally, completion of the ARD program does not automatically erase the record of arrest or charges.

Fortunately, in some cases you may be able to petition the Court to expunge your record.  If successful, the Court will direct that all federal and state agencies that maintain criminal records destroy the records of your arrest and conviction.

Our firm has successfully petitioned for thousands of expungements for our clients.  We have a thorough understanding of the expungement statutes and will be able to tell you as whether an expungement petition would be successful.  If an old arrest or conviction is limiting your opportunities, or if you just want the peace of mind of having a clean record, please call us for a free consultation.

*Attorney Ed Pfursich (Fur-sik) is a former Lancaster County prosecutor who now practices primarily criminal defense at The Cody Law Firm in Lancaster, Pennsylvania

By Ed Pfursich, Esquire.

The Driving Under the Influence (DUI) law in Pennsylvania carries serious consequences. A conviction can affect your driver’s license, your job, and your freedom. If you have been charged with a first offense DUI in Lancaster County or anywhere in the Commonwealth of Pennsylvania, the first thing you have to do is understand your options. I tell my clients that you basically have three (3) choices:

1. You can plead guilty and accept the punishment. This usually means going to jail for either 48 or 72 hours, as well as at least a one (1) year loss of license and a permanent criminal record. I usually advise against this option, or at least suggest that we engage in plea negotiations to try to reach a less severe resolution.

2. You can fight the charge. This means going to court and contesting the allegations. There are several ways to fight a DUI charge. Even a client who admits that he was too drunk to drive may have certain avenues of contesting the case. For example, did the police officer have probable cause to conduct the traffic stop that led to the DUI charges? If not, the entire case can be thrown out. Did the police officer follow proper procedures when obtaining a blood or breath sample? Again, if not, the results of those tests can be suppressed (excluded) by the Court. There are a number of other ways that an attorney can attack a DUI prosecution (too numerous to list here).

3. You can apply for a “diversionary program.” In Lancaster County the Office of the District Attorney may offer DUI offenders the ARD program under certain circumstances. ARD stands for Accelerated Rehabilitative Disposition. The benefits of ARD include:

-No jail time.

-No criminal record.

-A significantly shorter driver’s license loss.

Some of the negatives about ARD are:

-It’s expensive- In Lancaster County there is a $600 initial fee payable to the County of Lancaster, followed by additional expenses once accepted into the program.

-You have to give up important rights, such as the right to a speedy resolution of your case and the right to have a preliminary hearing.

-The requirements of ARD are not easy- it usually includes community service and completion of an Alcohol Highway Safety class.

When faced with these choices many of my clients who are eligible for the program chose the ARD option. It’s the safer more predictable choice. Fighting the charge is usually an all or nothing gamble. Either you win and are found Not Guilty or you lose and have to deal with all the consequences of a criminal conviction. However, in some cases, fighting the charge is the best option and I’ve had many clients achieve favorable results by contesting the charge.

If you’ve been charged with DUI, the best thing to do is to consult with an experienced attorney who can review the specifics of your case and advise you as to the best course of action. Every case is different and every client is different. Doing research on your own is a good first step but with such high stakes, you need to talk to an expert.

*Attorney Ed Pfursich (Fur-sik) is a former Lancaster County prosecutor who now practices primarily criminal defense at The Cody Law Firm in Lancaster, Pennsylvania.