By driving on Pennsylvania roads, you have already agreed to chemical testing of your breath or blood if an officer has reasonable grounds to believe you are driving under the influence. This is known as implied consent under the law. When you refuse a test after a lawful DUI arrest, the officer is required to warn you of the consequences, and the refusal is reported to PennDOT.
Refusing chemical testing results in a civil license suspension that is completely separate from your criminal case. A first refusal brings a 12-month suspension. If you have a prior DUI conviction or a previous refusal, the suspension increases to 18 months. You will also owe a license restoration fee of $500 for a first refusal, rising to as much as $2,000 for repeat refusals. This suspension applies even if you are never convicted of DUI, and it stacks on top of any suspension that results from a conviction.
Refusing a test does not keep the incident out of court. Prosecutors are permitted to tell the jury that you refused testing and to argue that you did so because you knew you were impaired. On top of that, refusing a breath test can expose you to the same enhanced penalties as a conviction at the highest BAC tier, which means steeper fines and mandatory jail time for many drivers.
One important distinction is that the small handheld device an officer may use at the roadside is a preliminary breath test, and refusing it does not trigger a license suspension. The implied consent penalties apply to the official breath or blood test requested after your arrest, typically at the station or a hospital. Knowing which test you refused matters, and it is one of the first things our team will pin down.
A refusal suspension can be appealed, but you have only 30 days from the date on your PennDOT notice. Possible challenges include an unlawful traffic stop, an officer’s failure to properly warn you of the consequences, or circumstances showing that your refusal was not knowing and conscious. Acting quickly preserves these options.
Whether you took the test or refused it, a DUI arrest sets two clocks ticking: one on your criminal case and one on your license. At Decker Bradburn, our State College DUI lawyers handle both. To discuss your case, contact our office online or by calling (814) 308-8895.
]]>Pennsylvania law uses a tiered system for DUI penalties, based on your blood alcohol content (BAC) at arrest and your prior DUI offenses in the last ten years. There are three tiers: general impairment, high BAC, and highest BAC. Penalties rise as you move up tiers.
Even a first DUI conviction results in fines. For a first offense, fines start at $300 for lower BAC, rising to $5,000 or more with higher BAC or repeated offenses. Additional fees and court costs also add up quickly.
Jail time is possible with a DUI conviction. First offenses at the lowest BAC levels may only result in probation. Higher BACs or prior offenses mandate minimum jail time. A third or subsequent offense may result in felony charges and years in state prison. Even brief incarceration can harm your career, family, and reputation.
A DUI conviction often results in license suspension, typically 12 to 18 months, depending on BAC and history. Some may qualify for an ignition interlock device for limited driving after part of the suspension, but it is not always available.
Beyond fines, jail time, and license suspension, a DUI conviction in Pennsylvania can carry several other requirements and consequences, including:
If this is your first DUI, you may be eligible for Pennsylvania’s ARD program (Accelerated Rehabilitative Disposition). This diversion program is designed for first-time, non-violent offenders and can result in the charges being dismissed after successful completion. It is not guaranteed, and not everyone qualifies, but it can significantly reduce the long-term impact of a DUI charge.
The consequences of a DUI conviction in Pennsylvania are serious, but a charge is not the same as a conviction. There may be defenses available in your case, or you may qualify for programs that reduce the impact on your life. Our DUI attorneys at Decker Bradburn represent people charged with various crimes in State College and across Centre County. Contact us online or call 814-308-8895 to discuss your case and learn about your options.
]]>Under Pennsylvania’s DUI statute, a driver may not operate a vehicle after drinking enough alcohol to be incapable of driving safely. You might notice that a specific number is missing from that language. This is known as the general impairment provision, and it allows prosecutors to bring charges based on how you were driving rather than what a test showed. If an officer observed you swerving, running a stop sign, or reacting slowly, those observations can support a DUI charge even with a BAC of 0.05% or 0.06%.
Without a BAC of 0.08% or higher, the prosecution builds its case on other evidence. This typically includes the officer’s account of your driving, your appearance and speech during the stop, your performance on field sobriety tests, and any statements you made. Each piece of this evidence can be challenged. Field sobriety tests are subjective, and factors like uneven pavement, poor lighting, medical conditions, or nervousness can explain results that an officer attributed to alcohol.
Some drivers face stricter thresholds. Consider:
For these drivers, a reading well below 0.08% supports a charge on its own.
The 0.08% limit only applies to alcohol. Pennsylvania law separately prohibits driving under the influence of drugs, including certain prescription medications, or a combination of drugs and alcohol. In these cases, no alcohol threshold applies at all, and a driver with a modest BAC plus another substance in their system can face a DUI charge.
A DUI charge without a 0.08% BAC reading forces the prosecution to rely on opinion evidence, and opinion evidence can be questioned. Our defense team will examine whether the officer had a lawful basis for the stop, whether field sobriety tests were administered properly, and whether innocent explanations exist for the behavior described in the police report. In many cases, the answer creates reasonable doubt.
A DUI charge threatens your license, your record, and your future, regardless of what the breathalyzer said. At Decker Bradburn, our State College DUI attorneys will review every detail of your stop and arrest to build the strongest available defense. To schedule your consultation, contact our office online or by calling (814) 308-8895.
]]>Pennsylvania’s DUI penalties use a tiered system. License suspension depends on your blood alcohol content (BAC) and any previous DUI offenses.
For a first offense at the lowest BAC tier (0.08% to 0.099%), your license may not be suspended. Instead, you could face probation and a fine. A higher BAC or a prior offense increases the likelihood of suspension.
For higher BAC or repeat offenses, suspensions usually range from 12 to 18 months. More prior offenses and a higher BAC mean a longer, harsher suspension.
Pennsylvania’s implied consent law means driving on state roads is an agreement to chemical testing if police suspect DUI. Refusing a breath or blood test after arrest leads to a license suspension of at least 12 months, regardless of a DUI conviction. Refusal does not protect you and often complicates things.
In some cases, you may be eligible for an Occupational Limited License (OLL) to drive for work or essential needs during your suspension. Some first-time offenders can get an ignition interlock device for limited driving after part of the suspension. This device requires a breath test before driving.
First-time DUI offenders in Pennsylvania may qualify for the Accelerated Rehabilitative Disposition (ARD) program. This diversion program, if completed successfully, can result in charges being dismissed and a shorter suspension. Not everyone qualifies or is accepted, but it is worth considering.
Losing your license can affect your work and life. If you face DUI charges in Pennsylvania, know your options early to improve your case. At Decker Bradburn, we guide clients in State College and Centre County in DUI defense. Contact us online or call 814-308-8895.
]]>Before filing a direct appeal, a convicted defendant may file post-sentence motions in the trial court within 10 days of sentencing. These motions can challenge the evidence, request a new trial for trial errors, and dispute the sentence. The trial court has 120 days to issue its ruling. If no ruling is issued, motions are deemed denied by law.
Filing post-sentence motions is crucial to preserving issues for appeal that might otherwise be waived.
A direct appeal is the first review after a criminal conviction in the Court of Common Pleas. Most defendants have 30 days to file a direct appeal with the Pennsylvania Superior Court. If post-sentence motions are filed, the 30-day window begins when those motions are denied.
A direct appeal addresses legal errors that appear in the trial record. Common issues raised on direct appeal include improper denial of pretrial motions, such as suppression motions; incorrect jury instructions; improper admission or exclusion of evidence; challenges to the sufficiency of the evidence supporting the verdict; and sentencing errors.
The Superior Court reviews the record and briefs and issues a written decision. It does not consider new evidence or hold a new trial.
If the Superior Court upholds the conviction, a defendant may ask the Pennsylvania Supreme Court to review the case. The Supreme Court chooses which cases it hears. It usually accepts only cases with significant legal questions or conflicting decisions from lower courts.
The Post-Conviction Relief Act is a separate way to challenge a conviction after direct appeals are exhausted or the time to file them has passed. Unlike direct appeals, a PCRA petition can raise issues beyond the trial record, such as ineffective counsel, new evidence, unmitigated constitutional violations, and illegal sentences.
A PCRA petition must be filed within one year of the judgment or sentence becoming final. The deadline is strictly enforced, with limited exceptions. A PCRA petition is filed in the Court of Common Pleas, and the denial of a petition can be appealed to the Superior Court within 30 days.
Once state remedies are used, a defendant with a federal constitutional claim can petition the United States District Court for a writ of habeas corpus under 28 U.S.C. § 2254. Federal habeas review focuses only on federal constitutional issues. It follows strict rules and has a one-year deadline, which usually starts when the state conviction becomes final.
Each stage of the appellate process involves specific deadlines, procedural requirements, and standards of review. It is important to note that direct appeals and PCRA petitions differ significantly: direct appeals address legal errors shown in the trial record, while PCRA petitions allow challenges outside the record, such as ineffective assistance of counsel or newly discovered evidence. Issues not properly preserved at trial or raised at the proper appellate stage can be permanently waived. Determining which process applies to your issue is a threshold question in any post-conviction matter.
Decker Bradburn handles criminal appeals and PCRA petitions for clients in State College and Centre County. Contact us online or call 814-308-8895 now to schedule a confidential consultation and take the first step in protecting your rights.
]]>After an arrest in Pennsylvania, the court process begins quickly. A preliminary arraignment typically occurs within hours, where a magistrate sets bail and formally notifies you of the charges. Within ten days, a preliminary hearing is scheduled, at which a magisterial district judge determines whether there is sufficient evidence to hold the case over for trial. This is not a trial, and the standard of proof is lower than at trial, but it is an important early opportunity for the defense to challenge the prosecution’s evidence.
If the case is held over, it moves to the Court of Common Pleas. A formal arraignment follows, at which the defendant enters a plea. In many Pennsylvania counties, this stage occurs within a few weeks of the preliminary hearing, generally bringing the timeline from arrest to formal arraignment to about one month, though the schedule can vary by county.
After the arraignment, the pretrial phase begins. This period involves discovery, during which both sides exchange evidence and any pretrial motions the defense chooses to file. Common pretrial motions include motions to suppress evidence obtained through an unlawful search or seizure and motions to dismiss charges that lack sufficient legal foundation.
The pretrial phase can last from a few months to over a year. On average, less complex cases may resolve in three to six months, but complicated cases, or those with extensive evidence and court backlogs, can take more than 12 months, depending on the court’s docket and other factors.
Centre County, where State College is located, has its own scheduling practices and caseload pressures that affect how quickly cases move through the system. Our attorneys are familiar with the local courts and can give you a more precise sense of what to expect based on current conditions.
If a case proceeds to trial, the trial may last anywhere from a single day to several weeks, depending on its complexity. After a verdict, sentencing may occur immediately or be scheduled for a later date following a presentence investigation.
Many cases, however, resolve before trial through a guilty plea or plea agreement. Cases that resolve this way typically move faster than those that go to trial. For example, if negotiations begin early, a case may be resolved within a few weeks or months, while negotiations started later may take longer.
A straightforward misdemeanor case in Pennsylvania might be resolved in 3 to 6 months. A felony case that proceeds to trial can take a year or longer from arrest to sentencing. The most important thing you can do to keep your case moving efficiently and protect your rights throughout the process is to retain experienced legal counsel as early as possible.
If you face criminal charges in State College or the surrounding area, call 814-308-8895 or contact Decker Bradburn online to schedule a consultation.
]]>A plea bargain is an agreement between the defendant and the prosecution in which the defendant agrees to plead guilty, typically in exchange for leniency. That leniency can take several forms. A charge bargain involves the prosecution agreeing to reduce the charges against you, for example, from a felony to a misdemeanor. A sentence bargain involves the prosecution recommending a specific sentence in exchange for a guilty plea. In some cases, the agreement includes both a reduced charge and a sentencing recommendation.
In Pennsylvania, the court must approve plea agreements. Judges can reject agreements, but this rarely happens when all parties contribute to the deal.
A plea bargain can offer real benefits. Reduced charges may mean a shorter sentence and fewer long-term consequences, sometimes even resulting in a felony being reduced to a misdemeanor. A deal gives certainty, avoiding the risk of a worse outcome at trial. Plea agreements resolve cases fast, minimizing the burden of pretrial detention or uncertainty on your work, family, and finances.
Accepting a plea bargain means pleading guilty. This results in a criminal conviction, which can have lasting effects. These consequences may impact:
Even when the charges are reduced, the penalties you face may still be significant, including jail time, hefty fines, or lasting negative effects on your record. Carefully weigh these potential outcomes against the chances of being acquitted at trial.
It is also not true that all plea offers are fair. Prosecutors may use the threat of severe charges to pressure defendants into accepting agreements that are not in their best interest. This makes it essential to have an attorney review any offer before you respond. Help from Our Criminal Defense Attorney
Never decide on a plea bargain under pressure or without understanding the evidence and your true chances at trial. Your attorney should show you the strength of the prosecution’s case, the likely sentence if convicted, and available defenses that might lead to acquittal or dismissal.
If you are facing charges in State College and want clear, informed guidance, Decker Bradburn stands ready to advocate for you. Take action, contact us online or call 814-308-8895 today for a confidential case review and to discuss how we can protect your future.
]]>Our criminal defense attorneys at Decker Bradburn represent individuals facing PFA violation charges in State College, PA, and help them understand their legal options.
A PFA order sets specific conditions that the restrained party must follow. Violating any of those conditions can result in criminal charges. Common violations include:
One point many people misunderstand: even if the protected party initiates contact with you, responding to that contact can still constitute a violation of the order. The plaintiff’s consent to contact does not invalidate the order, which can only be modified by further order of the court.
A PFA violation is charged as indirect criminal contempt under 23 Pa. C.S. § 6114. This is not a misdemeanor charge under the Crimes Code; it is a contempt charge with its own sentencing framework. Upon conviction, the court may impose:
Each separate violation can be charged as a separate count of indirect criminal contempt, meaning that multiple violations can result in multiple periods of potential incarceration. A PFA violation can also trigger separate criminal charges under the Pennsylvania Crimes Code if the underlying conduct constitutes an independent offense, such as harassment or stalking.
Yes. Law enforcement officers are required to arrest a person for a PFA violation without a warrant when they have probable cause to believe a violation occurred. A complaint from the protected party can be sufficient to trigger an immediate arrest.
A finding of indirect criminal contempt can affect pending or existing custody arrangements. Courts may consider a PFA violation in their assessment of a party’s fitness as a parent, and existing custody agreements may be reopened for reconsideration following a violation.
If you have been accused of violating a PFA order, avoid any further contact with the protected party and contact a criminal defense attorney as soon as possible. Do not attempt to resolve the situation on your own or reach out to the other party to explain yourself, as doing so could result in additional violations and additional charges.
An attorney can review the circumstances of the alleged violation, evaluate whether the accusation is supported by the evidence, and represent you at the contempt hearing.
A PFA violation charge can carry real consequences, including jail time, fines, a longer PFA order, and harm to your custody case. The attorneys at Decker Bradburn are ready to help you understand your rights and prepare a defense. Call 814-308-8895 or contact us online to arrange your confidential consultation today.
]]>At Decker Bradburn, our criminal defense attorneys in State College, PA, help individuals through PFA proceedings and understand their rights under Pennsylvania’s Protection from Abuse Act.
A PFA order is a civil court order issued under the Pennsylvania Protection from Abuse Act. It is designed to protect individuals from domestic abuse, harassment, or threats of harm. A final PFA order can remain in effect for up to three years and may include conditions such as:
Because these restrictions can significantly affect your home life, your relationship with your children, and your ability to possess firearms, understanding your legal options is important from the start.
Yes. Under the law, the court may amend a PFA order at any time upon a petition filed by either party. Common reasons people seek modifications include changes in living arrangements, updated custody agreements, or a mutual understanding between the parties that certain restrictions are no longer necessary.
Even if the protected party agrees to a modification, only the court has the authority to change the terms of the order. Acting as though the conditions have informally changed, without a formal court order, can still constitute a violation.
Yes, under certain circumstances. A PFA order may be dismissed before its expiration date if a party petitions the court and the court finds that dismissal is appropriate.
Any modification or termination of a PFA order requires a petition and a court order. The court will not simply dismiss the order because the parties have reconciled or because the plaintiff no longer wishes to pursue it. Judges evaluate the specific facts of the case before making any decision.
It is also worth noting that some counties in Pennsylvania allow the parties greater latitude in seeking dismissal, while others require a formal hearing and judicial approval. Our attorneys are familiar with Centre County practice and can help you understand what to expect locally.
If you believe a modification or dismissal is appropriate in your case, working with a defense attorney is strongly advisable. PFA proceedings involve specific procedural requirements, and even well-intentioned mistakes can affect the outcome. An attorney can help you prepare a proper petition, present your circumstances clearly to the court, and advocate for terms that reflect your current situation.
If you have questions about modifying or dismissing a PFA order, the attorneys at Decker Bradburn are here to help. Call us at 814-308-8895 or contact us online to schedule a confidential consultation.
]]>No matter what type of charge you are facing, the right defense representation is imperative. Contact Decker Bradburn to learn how our Pennsylvania criminal defense lawyers can protect you.
Pennsylvania’s sentencing guidelines recommend prison terms based on two factors:
Judges consult these guidelines but still have the discretion to impose sentences above or below the recommended range if they state reasons on the record.
Felony convictions can result in lengthy state prison sentences. First-degree felonies can carry sentences of 10 to 20 years or more. Second-degree felonies carry a sentence of five to ten years. Third-degree felonies carry a sentence of 2.5 to 7 years. Judges impose minimum and maximum terms, and parole eligibility depends on serving the minimum sentence.
Misdemeanor convictions result in county jail sentences. First-degree misdemeanors carry a maximum sentence of up to 5 years. Second-degree misdemeanors carry a maximum penalty of 2 years. Third-degree misdemeanors carry a maximum of 1 year, and summary offenses carry a maximum of 90 days.
Financial penalties accompany most convictions. Felonies can result in fines up to $15,000, though amounts vary by statute. First-degree misdemeanors carry fines up to $10,000, while second-degree misdemeanors carry fines up to $5,000. Third-degree misdemeanors and summary offenses carry fines of up to $2,500 and $300, respectively. Courts also impose costs, restitution to victims, and fees that can total thousands of dollars beyond the fine itself.
Many sentences include probation, either instead of jail or as post-release supervision. Probation requires reporting to an officer, drug and alcohol testing, employment or education, and compliance with the law. Violations can result in jail time for the original offense. Parole is similar but follows part of a prison sentence.
Beyond direct penalties, criminal convictions create lasting collateral consequences. Felony convictions result in loss of voting rights while incarcerated and loss of firearm rights. Both felonies and misdemeanors appear on background checks, affecting employment, housing, professional licensing, student loans, and immigration status. DUI convictions trigger license suspension. Drug convictions can affect eligibility for federal student aid. Sex offense convictions require registration as a sex offender, often for life.
Certain factors increase penalties, including:
Judges consider aggravating factors such as a lack of remorse, the vulnerability of victims, and the use of a position of trust when imposing sentences. Your defense attorney can challenge aggravating factors or present mitigating factors to help reduce your sentence if convicted.
If you are facing criminal charges in State College or Centre County, do not delay getting the legal support you need. Contact the criminal defense attorneys at Decker Bradburn at 814-308-8895 or online for a confidential case evaluation. Let us review your charges and explain how we can fight to minimize the penalties you face.
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