Criminal Defense

Attorney Services For Criminal Offense in York, PA

DUIs

Driving Under the Influence (DUI)

What constitutes Driving Under the Influence?


  • In Pennsylvania, one can be charged with Driving Under the Influence if an individual is operating or in actual physical control of a motor vehicle after drinking alcohol or taking a controlled substance or prescribed substance that causes impairment or makes the driver unable to safely operate a motor vehicle.


What substances can cause a DUI?


  • Alcohol: Beer, wine, liquor, hard seltzers, or cocktails.
  • Prescription drugs: Mental health medications, pain medications, methamphetamines, amphetamines, or medical marijuana. 
  • Illegal substances: Cocaine, ketamine, fentanyl, heroin, acid, scramble, marijuana, ecstasy, or spice.


Most importantly, any mixture of the items above can cause a DUI. 

  • What is a Field Sobriety Test?

    Field Sobriety Tests (FSTs) are evaluations that are administered by the police officer who is detaining you for investigation. They are investigative tools that give the officer evidence of your impairment, or lack thereof. There are several commonly used ones:

    • Horizontal Gaze Nystagmus (HGN): The officer will have you stand and face him while he holds a pen out for your eyes to focus on then move the pen to see how your eyes track the movement. The officer will be looking for signs of involuntary jerking of your eyes as they move side to side. The small jerking can become more apparent with drug or alcohol consumption and is used to substantiate impairment of a driver.  
    • 1 Leg Stand: The officer will instruct you to stand straight with your hands by your side and then have you raise the leg of your choice up at least six inches off the ground while you count out loud by 1,000’s until told to stop. The officer will evaluate whether you show “clues” of impairment through things like swaying, inability to keep your foot extended or raised, whether you raise your arms from your side, or whether you lose your balance and stumble. The officer will also be listening to how you count, including whether you could correctly, whether you count quickly, or whether you stop entirely in violation of the instructions. 
    •  Walk and Turn: The officer will instruct you to stand with your hands by your side while he explains the instructions. He will require you to take nine heel-to-toe steps on an imaginary line and then make a turn with small steps then return by making nine more heel-to-toe steps. During that time, the officer will evaluate if you sway, raise your hands for balance, walk off the line, miscount, or perform the turn improperly. 
  • What is a breathalyzer?

    A breathalyzer is a machine that tests the alcohol content of your breath, and is another tool used by the police to determine whether you have consumed alcohol prior to operating a car. 

  • What is a blood test?

    A blood alcohol test is a method the police use to investigate the content of your blood to determine how much alcohol you may have consumed or whether you consumed any other prescription or illegal drugs within the recent past.

  • How are DUI penalties assessed or sentenced?

    DUIs are stacking offenses in Pennsylvania. Defendants are penalized based on two major factors- the level of impairment of the individual and the number of convictions for DUI offenses within a 10 year look back period. This means the more impaired you were, the worse your penalty will be. Also, the more frequently you have been convicted with DUI, then the worse your penalty will be. 

DUIs are graded based on blood alcohol content (BAC) as follows:

Type of DUI
DUI: General Impairment (BAC of .08-.10)
DUI: High Rate of Alcohol (BAC of .10-.16)
DUI: Highest Rate of Alcohol (BAC of .16 +)
DUI: Controlled Substance (Prescription Drugs/Illegal Drugs)

DUIs are also graded based upon the number of prior convictions you have within the last 10 years. The combination of these two factors will determine what sentencing consequences you might face. 

Thefts & Receiving Stolen Property

In Pennsylvania, there are a large number of different types of theft offenses that are considered criminal in nature. These include:


  • Theft by unlawful taking:
  • Taking property from another illegally.
  • Theft by deception:
  • Taking property from another through deception or trick.
  • Theft of lost or mislaid property:
  • Keeping property that you found that has been lost or mislaid by another.
  • Theft of leased property:
  • Leasing an item without the intent to pay the agreed upon rent for the item and keeping it for your own use or disposing of the item as it is your own property.
  • Receiving stolen property:
  • Keeping or disposing of property that you know or should have reasonably known was stolen.

Sentencing for Theft Offenses


In Pennsylvania, theft offenses are graded based upon the amount of money that the property converted or stolen is worth, so the more expensive the item stolen, then the more serious the crime. Also, there are certain other facts that might increase the punishment you may face; for example, crimes against incapacitated individuals or the elderly are considered more serious that other thefts. Sentencing on theft offenses usually involves either return of the item that was stolen, or the requirement that the convicted individual pay restitution or damages to make the victim “whole.” Call the Law Offices of Dorothy Livaditis so that one of our seasoned attorneys can help you defend your case.

Shoplifting & Retail Theft

  • What constitutes shoplifting or retail theft?
    •  Shoplifting/retail theft in Pennsylvania is essentially defrauding a retail establishment or store by taking items or merchandise offered for sale without providing full payment for the item.
    • Shoplifting/ Retail includes:
    • Concealing items on your body, in a cart, or a purse while in the store;
    • Under ringing by switching out tags of a regularly priced item for a lesser item;
    • Under ringing by failing to scan or scanning a lesser priced item in place of a more expensive item; and
    • Destroying or removing security tags from an item for the purpose of taking it without payment.
  • Do I have to make it outside the store in order to be charged with Retail Theft/Shoplifting?

    No! You do not have to make it out of the store with an item in order to be charged, or ultimately convicted, of Retail Theft. If a witness observes you to conceal an item while in the store, either on your body or inside a purse or other item, then proceed in a way that shows your intent to leave the store without paying for the item then you could be charged with stealing that item, even if you don’t make it out of the store before being confronted by a store staff member.

  • What are the penalties for conviction for Retail Theft?

    It depends on how the offense is graded-

    • Summary: First offense AND merchandise is valued at less than $150.00--- 90 days of jail and $300.00 fine
    • Misdemeanor 2: Second offense AND merchandise is valued at less than $150.00--- 2 years of jail and $5,000.00 fine
    • Misdemeanor 1: First or second offense AND merchandise is valued at more than $150.00--- 5 years of jail and $10,000.00 fine
    • Felony 3: Third offense OR merchandise is valued at more than $1,000.00--- 7 years of jail and $15,000.00 fine

    Most important to remember- Retail Thefts are stacking offenses! This means that the more times you are charged or convicted for a Retail Theft then the more serious the consequences will be. Call the Law Offices of Dorothy Livaditis today so that we can assess your case. 

Trespassing

There are several types of trespassing offenses that you could be charged with in the Commonwealth of Pennsylvania. They include:


  • Criminal Trespass;
  • Defiant Trespass; and
  • Simple Trespass.


Severity of these charges can range greatly depending on the circumstances of your case. Some minor trespass offenses are charged as summaries and others can range up to Felony 2 offenses. An attorney from the Law Offices of Dorothy Livaditis can evaluate your case and provide invaluable legal advice. 

Burglary

In Pennsylvania, burglary is the unlawful entry into a building for the purpose of committing a crime therein. This offense varies in severity based upon the type of building entered, and whether others were present during the crime. It is often a very serious offense that can exposed those charged with it to significant periods of incarceration.

Assaults

There are many different types of assaults that are criminal under Pennsylvania law, and the attorneys at the Law Offices of Dorothy Livaditis can help you defend against such charges. These offenses include:


  • Harassment;
  • Simple Assault;
  • Aggravated Assault; and
  • Strangulation.

Harassment in the Commonwealth can be charged as either a Summary or Misdemeanor 3 offense. Harassment has a very wide definition that covers a wide variety of behavior. It is generally defined as:


  • Striking, shoving, kicking or making unwanted physical contact with another or threatening to do so;
  • Following another in a public place;
  • Engaging in the same conduct repeatedly that has no legitimate purpose (such as repeated calls or texts);
  • Communicating in a lewd or threatening way by obscene words, drawings, or pictures;
  • Communicating repeatedly anonymously;
  • Communicating repeatedly at odd hours; or
  • Communicating repeatedly in another annoying manner.


Contact the Law Offices of Dorothy Livaditis today so that we can help you assess your case and possible defenses. 

Simple Assault is a commonly charged offense in Pennsylvania. It is charged in a variety of situations where:


  • Someone attempts to cause or intentionally, knowingly, or recklessly causes bodily injury to another;
  • Someone negligently causes bodily injury to another with a deadly weapon;
  • Someone attempts by physical menacing to place another in fear of immediate serious bodily injury; and
  • Someone attempts or conceals a needle on his person and intentionally or knowingly penetrates a police officer or other person during a search or arrest.


Grading for charges of Simple Assault depends on the age of the alleged victim and whether the alleged victim enters into a mutual fight. Contact the Law Offices of Dorothy Livaditis so that we can address with you what possible defenses you may be able to raise in your case.


Aggravated Assault is a more serious offense in Pennsylvania. It is considered particularly egregious either due to the nature of the alleged victim of the assault or the significance of the injuries the alleged victim suffers.

Individuals who may subject one to a charge of Aggravated Assault include:


  • Public transportation employees;
  • Public school employees or teachers;
  • State, federal, and local police officers;
  • Firefighters;
  • Probation officers;
  • Sheriff and their deputies;
  • Liquor control agents;
  • Prison guards;
  • Judges and court employees;
  • District attorneys and their employees;
  • Public defenders and their employees;
  • Emergency medical and healthcare personnel;
  • Parking enforcement officers;
  • Magisterial district judges;
  • Constables;
  • Governors and other governmental members;
  • Public utility employees;
  • Wildlife officers;
  • Children & Youth employees; and
  • Children.

Sentencing for Aggravated Assault can subject one to significant periods of incarceration, because the offenses are typically graded as Felonies of the 1st or 2nd degree, which can result in sentences up to 20 years or 10 years respectively. Reach out to the Law Offices of Dorothy Livaditis for a consultation regarding your case.


Strangulation is a relatively new offense in the Commonwealth of Pennsylvania. It is a very broad offense. It criminalizes any action by another that knowingly or intentionally impedes the breathing or circulation of another by applying pressure to the neck or by blocking the nose or mouth of someone. Most importantly, a physical injury is not necessary to be charged with or convicted of this offense.


Sentencing for this offense is also quite severe, depending on the nature of the alleged victim, the charge could be graded as a Misdemeanor 2 or a Felony of the 1st or 2nd degree.

Drug Offenses


In Pennsylvania, there are a variety of offenses one may be charged with relating to illegal drug use. Our attorneys at the Law Offices of Dorothy Livaditis provide rigorous defenses to many drug related criminal matters.


Paraphernalia is a charge that is based on the possession of an item that is purported to be used to consume, hold, transport or otherwise utilize a drug or controlled substance. Typical examples include: small baggies, pipes, needles, spoons, scales, bongs, rolling papers, cigars, and other containers for drugs.


Possession of a Controlled Substance is an offense that is based upon possession or control over drug that is listed as one that is subject to legal regulation, such as cocaine, fentanyl, heroin, methamphetamines, amphetamines, or ecstasy.


Possession of a Small Amount of Marijuana is an offense that criminalizes the possession of marijuana up to 30 grams for the purpose of personal use without a medical marijuana card.


These three offenses are all graded as misdemeanors, which could impose periods of jail and fines in the thousands. For Paraphernalia and Possession of a Controlled Substance are subject to a term of incarceration of up to one (1) year. A Possession of a Small Amount of Marijuana could bring a maximum term of confinement of thirty (30) days.


A more serious offense is Possession or Manufacturing of a Controlled Substance with the Intent to Deliver to Another. This offense is often reserved for situations where there is a greater amount of drugs involved, or where the drugs are packaged in such a way that they are ready for sale or transfer to others. These offenses are typically graded as felonies of varying seriousness depending on the type of drug, and amount involved.

Robbery

Robbery is essentially a theft by force; it is the taking of an item from someone’s person by either threat or physical force. There are a variety of different types of robberies such as by force however slight, inflicting serious bodily injury, inflicting bodily injury, or threatening such injury.

Robberies are treated more seriously than thefts due to the threat of injury or injury sustained; as a result, robberies are graded as felonies, which can expose those charged to incarceration from seven up to twenty years. Consult with an attorney from the Law Offices of Dorothy Livaditis to learn more about your rights. 

Gun & Firearm Offenses

The Law Offices of Dorothy Livaditis can defend you against many firearm and gun related offenses:


  • Firearms not to be carried without a license;
  • Possession of a Firearm Prohibited
  • Possession of Firearm by a Minor

Crimes Against Police

There are a number of crimes where the police are the primarily involved party. Counsel from the Law Offices of Dorothy Livaditis can offer advice and representation on the following kinds of cases:


  • False Identification to Law Enforcement;
  • Resisting Arrest;
  • Fleeing and Eluding; and
  • Flight to Avoid Apprehension.
  • What is a summary in PA?

    There are lots of different types of offenses in Pennsylvania are considered “summary” offenses. Traffic citations including: Driving Under Suspension, Driving without a License, Accidents Involving Damage, and Speeding, and non-traffic offenses like Harassment, Disorderly Conduct, and Public Drunkenness are all summary offenses in Pennsylvania. Summary offenses are the least serious type violation that one can be charged with in the Commonwealth.

Non-Traffic Summary Offenses

Common Non-Traffic Summary Offenses that we can assist you with are:


  • Harassment
  • Public Drunkenness
  • Disorderly Conduct
  • Loitering & Prowling
  • Simple Criminal Trespass
  • Defiant Trespass


Possible sentencing consequences for convictions for non-traffic summary offenses- up to 90 days in jail, up to a fine of $300.00, and court costs. Court costs can run up to several hundred dollars.

Traffic Offenses

Common Traffic Summary Offenses that we can assist you with are:


  • Driving without a License
  • Driving Under Suspension
  • Speeding
  • Accidents Involving Damage to an Unattended Vehicle


Possible sentencing consequences for convictions for traffic summary offenses- fines of $1,000.00, suspension of your driver’s license, restitution (damages paid to another that may be attributable to your conduct), and court costs.

  • How does someone get charged with a summary offense?

    There are usually two different ways someone might be charged:

    1. By mailing a copy to the accused; or
    2. By receiving a citation during interaction with police.

    This is important, because you will not always know if you have been investigated or cited for a traffic or non-traffic offense. For example, if you are observed by an officer driving a vehicle that is registered to you, and he runs your license information, and discovers your license is suspended, you could be subject to citation, even if he does not pull you over contemporaneously. If the officer is able to identify you as the driver, he may simply issue a citation for Driving Under Suspension via mail. This is why it is critical to keep your address updated with PennDOT, because any citations will be forwarded to your registered address through PennDOT. If you fail to receive a citation via mail, then you may also miss out on important notices for hearings that may ultimately result in a conviction for the offense that you never even knew you were charged with.

  • Have you been convicted or pleaded guilty to a summary offense?

    Typically, you can plead guilty to most citations by signing the bottom of the citation or attending a hearing that is called a Summary Trial at the Magisterial District Judge’s Office. You should consult an attorney who can explain the consequences prior to pleading guilty to any citations. Contact the Law Offices of Dorothy Livaditis and one of our qualified counsellors will review your case.

Appeals

Direct Appeals


If you have pleaded guilty or been found guilty of an offense, you should consult an attorney promptly to address any possible appeal issues. Typically, a direct appeal period expires thirty days following the date of your sentencing order. Do not delay in reaching out to the Law Offices of Dorothy Livaditis to speak with one of our qualified attorneys regarding your avenues of appeal. Failure to file an appeal within the thirty (30) day period may result in the waiver of some of your appellate issues.


Post-Conviction Appeals


In Pennsylvania, the Post-Conviction Rights Act governs appeals beyond direct appeals. Post-Conviction appeals are typically commenced within a year after the resolution of a direct appeal. They cover allegations of ineffective assistance of counsel, changes to the law that become retroactive, newly discovered evidence, prosecutorial misconduct, or illegal sentences. Lawyers at the Law Offices of Dorothy Livaditis are experienced in litigating PCRA petitions. 


Summary Conviction Appeals


These are appeals of convictions in summary cases whether traffic related or non-traffic citations. Summary conviction appeals must be filed within 30 days of your conviction so please do not delay in reaching out for experienced legal advice from the Law Offices of Dorothy Livaditis. 

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