Atty. Munley fights to protect each client’s record. Programs are often available where charges can be dismissed and expunged after successful completion of court supervision, including ARD, Sect. 17, and Drug Court. Plea negotiations handled by an experienced, proven criminal defense attorney can often result in no incarceration and sometimes no criminal record.
Trial
In some cases, a client has to go to trial, like when the government‘s evidence is questionable. Atty. Munley has been successfully defending clients in their criminal trials throughout Northeast Pennsylvania for over 20 years. Atty. Munley has met the rigorous requirements to be designated a Certified Trial Specialist by the National Board of Trial Advocacy since 2003 and has been recertified every 5 years since. If you’d like to know more about taking your case to trial, call Scranton and Stroudsburg Criminal Attorney Robert J. Munley.
Charges Defended
A driver can be charged with Driving Under the Influence (DUI) if the blood alcohol level is .08% or above or if the driver is under the influence of controlled substances. A blood sample shows the alcohol level or the amount and type of controlled substances in a person’s system near the time of driving. The severity of the DUI is based on how many DUIs the driver has had in the past and the level of alcohol or drugs in the driver’s system.
ARD (Accelerated Rehabilitative Disposition)
A driver is usually eligible for ARD when: it’s a 1st offense DUI within the last 10 years, there are no kids under 14 in the vehicle, there are no serious injuries, and no previous criminal convictions. ARD typically consists of 6 months probation, at least one evaluation, classes, and a license suspension in most cases of 30 or 60 days. Charges are dismissed and the record is expunged or destroyed once the program is completed.
Ineligible for ARD
Drivers ineligible for ARD have 2 options: 1. Plead guilty to the DUI or 2. Fight the charges. Drivers who plead guilty are often eligible for house arrest sentences where instead of going to jail, the driver lives at home and wears an ankle bracelet. The driver is permitted to go to work while on house arrest.
Fighting your DUI
In some cases, mistakes are made by the police or the driver’s rights are violated during a DUI arrest. In those situations, drivers can fight their cases in court either through pretrial hearings or at trial. It’s the Commonwealth’s job, not the driver’s, to prove the DUI was legal. At trial, the Commonwealth must prove beyond a reasonable doubt that the driver violated the DUI laws. Also, if it’s a jury trial, the verdict must be unanimous before the driver can be found guilty.
If you’ve been charged with a DUI and need answers, call Stroudsburg and Scranton Criminal Defense Attorney Robert J. Munley for a free analysis of your case. Atty. Munley will review your options with you, including whether you should choose the ARD program, request house arrest, or fight your case in court.
Assault Charges
Simple Assault and Aggravated Assault are the most common assault-type charges. Simple Assault is always a misdemeanor charge and Aggravated Assault is always a felony. Other charges related to assault are Recklessly Endangering Another Person, Terroristic Threats and Strangulation.
Simple Assault is when a person attempts to cause or causes injury to another. A person striking another with significant force will usually qualify as a Simple Assault. Aggravated Assault is when a person attempts to cause or causes “serious bodily injury” to another.
Recklessly Endangering Another Person, a misdemeanor, is when a person places another in danger of death or serious bodily injury.
Terroristic Threats, a misdemeanor, is when a person threatens violence against another with the intent to terrorize that person.
Strangulation is when a person intentionally impedes the breathing of another by applying pressure to the throat or neck of another or blocks the person’s nose and mouth. Strangulation is either a misdemeanor or a felony depending on the facts of the case.
The main defenses of assault cases are “self defense” or lack of an actual injury. If you’ve been charged with an assault crime in the Stroudsburg or Scranton areas, call Criminal Defense Attorney Robert J. Munley for a free review of your case.
Theft by Unlawful Taking, Receiving Stolen Property, Retail Theft, Burglary, and Robbery are the most common theft-related charges.
Theft by Unlawful Taking is when a person takes property of another with no intention to return it. Receiving Stolen Property is when a person possesses property he knows is stolen. Retail Theft is when a person takes possession of an item in a store with no intention to pay for it.
Burglary is when a person enters a building with the intent to commit a crime inside the building. In most Burglary cases, the intent is to take something from the building. Robbery is when a person, during a theft, threatens harm or uses force against another to commit the theft.
If you’ve been charged with a theft-related crime, call Stroudsburg and Scranton Criminal Defense Attorney Robert J. Munley for a free review of your case.
Sex crimes include: Rape, Sexual Assault, Involuntary Deviate Sexual Intercourse, Indecent Assault, Corruption of Minors, Sexual Abuse of Children (child pornography) and Indecent Exposure. Sex crimes usually involve some type of sex act or inappropriate touching with another without the other’s consent or if the victim is under 16 yrs. old.
Convictions for most but not all sex crimes result in the perpetrator being designated a “sex offender” and fall under Megan’s Law, SORNA, and Adam Walsh Act requirements. The length of time required to register as a sex offender ranges from 15 years to lifetime. Everyone required to register as a sex offender must also go through a process to determine if they are to be classified as a “SVP” or “sexually violent predator.”
If you are charged with a sex crime, call Scranton and Stroudsburg Criminal Attorney Robert J. Munley for a free consultation. The proper representation could determine whether you’re designated a “sex offender,” whether you’re sentenced to jail or probation, or if your sentence is served in a state or local prison.
Possession of a Controlled Substance, Possession of Paraphernalia, and Delivery of a Controlled Substance or Possession with the Intent to Deliver a Controlled Substance are the most common drug charges. Possession of a Controlled Substance or Possession of Paraphernalia is simply being in possession of illegal drugs or some type of device like a pipe or syringe. A person is in “possession” if the drugs or paraphernalia are found within their control. Possession and Paraphernalia are misdemeanors.
Delivery of a Controlled Substance is when a person actually transfers a controlled substance like marijuana, meth, or heroin to another person. Possession With the Intent to Deliver a Controlled Substance is when a person plans to transfer drugs to someone in the future. These crimes are always felonies. Sentences are based on the type of the drug, quantity, and the person’s prior record.
If you are facing a misdemeanor or felony drug charge, call Scranton and Stroudsburg Criminal Attorney Robert J. Munley for a free consultation to learn what your options are.
Anyone ever fingerprinted due to charges filed, whether convicted or not, most likely has a criminal arrest record unless the charges were expunged. A criminal record can be expunged for example if: the ARD program was completed, the charges were dismissed or the person was found not guilty, more than 5 years have passed since a conviction for a summary offense, or more than 10 years have passed since the conviction for many misdemeanor offenses. If your case fits one of these examples, call Stroudsburg and Scranton Criminal Defense Attorney Robert J. Munley to discuss a possible expungement.
Atty. Munley is a criminal defense specialist. However, many of his clients rely on him for advice when they are injured through no fault of their own. Atty. Munley is associated with some of the most successful personal injury attorneys in Northeast Pennsylvania. If you or a loved one has suffered a personal injury due to the actions or negligence of another, call Atty. Munley and he will review your case at no charge and if your case qualifies, will refer you to one of his local associates who specialize in personal injury.
If you or a loved one are being charged with a crime in or around the Stroudsburg and Scranton areas, call Criminal Defense Attorney Robert J. Munley for a free review of your case. Atty. Munley will review the facts of your case, answer all of your questions, and recommend a course of action based on his 23 years of courtroom experience.
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