Michael D. DiCindio, Esq. Awarded the 2015 Top 10 Under 40

DiCindio Law, LLC attorney Michael D. DiCindio, Esq.  was recently awarded the 2015 Top 10 Under 40 in Pennsylvania Award for criminal defense lawyers by the National Academy of Criminal Defense Attorneys.

criminal defense and personal injury

West Chester Criminal Defense and Personal Injury lawyer Michael D. DiCindio, Esq.

Michael DiCindio, Esq. handles all types of criminal defense matters and represents people in West Chester, Chester County, Montgomery County and throughout the Greater Philadelphia Area.  Michael also is actively involved in representing individuals who have been injured by the negligence of others in personal injury matters.

If you or a loved one has been arrested or charged with a criminal offense, contact DiCindio Law, LLC to speak directly with attorney Michael D. DiCindio, Esq. and discuss your case today.

Driving Under Suspension DUI Related

Under Pennsylvania law and the Pennsylvania vehicle code a person who is convicted of driving under the influence of alcohol or a controlled substance will usually face a suspension of his driving privileges. If someone’s driving privileges are suspended due to a prior driving under the influence arrest and conviction now under what is commonly called “Driving Under the Influence – DUI Related Suspension.”

West Chester DUI Lawyer

West Chester DUI Attorney Michael D. DiCindio, Esq.

Once someone’s license is suspended based upon a prior DUI conviction, your license remains suspended “DUI related” until their privileges are restored. In the event that a “DUI Related Suspended” driver is caught operating a motor vehicle he will be subject to mandatory incarceration of up to 90 days and a mandatory fine. This is called “Driving Under Suspension, DUI Related,” and is charged under 1543(b) of the Pennsylvania vehicle code.

For someone who has been charged under 1543(b) Driving Under Suspension DUI Related, there are often times many ways to defend the case. The Commonwealth must prove that there was valid notice of the suspension given to the Defendant. The Commonwealth must also prove that the driver was in fact the suspended individual. Over everything they also must have had a valid read reason to stop the vehicle.

A skilled criminal defense lawyer will be able to determine whether or not there is a plausible defense theory either to the law or to the facts of a specific situation. If there is not, negotiations may secure a plea to a charge without mandatory incarceration or drastically reduced incarceration – depending on the county as well as the facts of the specific case.

If you or a loved one has been arrested or cited for Driving Under Suspension DUI related under 1543(b) contact DiCindio Law, LLC today, speak directly to Mike DiCindio and begin preparing your defense.

 

 


 

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

 

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

What are the Types of Bail?

Bail in Pennsylvania is meant to ensure that the Defendant appears in Court at all future proceedings. There are a few different types of bail that may be imposed – based upon the rules of criminal procedure. Some require that the Defendant post money to be released pending trial and others do not. Nonetheless, it is important to have a criminal defense by your side when arguing bail in order to ensure that the Commonwealth is not asking for bail solely as a means to ensure that the defendant remains incarcerated until trial. Ever-so-often, there is a fine line between ensuring appearance and punishment before a verdict. Having an attorney who understands the principles and purpose behind bail and who is able to effectively argue for just and proper bail on your behalf may be the difference between remaining incarcerated pending trial and not.

The types of bail, as according to Pennsylvania law are as follows:

Chester County Criminal Lawyer

Chester County Criminal Defense

  • Release On Recognizance (ROR): Release conditioned only upon the defendant’s written agreement to appear when required. No money need be posted.
  • Release on Nonmonetary Conditions: Release conditioned upon the defendant’s agreement to comply with any nonmonetary conditions, which the bail authority determines are reasonably necessary to ensure the defendant’s appearance and compliance with the conditions of the bail bond. No money need be posted.
  • Release on Unsecured Bail Bond: Release conditioned upon the defendant’s written agreement to be liable for a fixed sum of money if he or she fails to appear as required or fails to comply with the conditions of the bail bond. No money need be posted – BUT if the defendant failed to appear or otherwise violates bail, he/she will be liable for the amount of money bail was set at.
  • Release on Nominal Bail: Release conditioned upon the defendant’s depositing a nominal amount of cash which the bail authority determines is sufficient security for the defendant’s release, such as $1.00.
  • Release on a Monetary Condition: Release conditioned upon the defendant’s compliance with a monetary condition imposed. The amount of the monetary condition shall not be greater than is necessary to reasonably ensure the defendant’s appearance and compliance with the conditions of the bail bond. (If bail is set at 1,000 dollars the entire amount must be posted before the defendant may be release on bail).

There are numerous times during the criminal process when bail may be address by the Court. Therefore, it is crucial to have an understanding of the types of bail, the requirements of each and to have a criminal defense attorney who can help argue to ensure a reasonable bail is imposed under the circumstances.

 

 


 

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

 

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

Pre-charge Investigations . . . Do I need an attorney now?

West Chester Criminal Lawyer

West Chester Criminal Attorney

Every day in our society crimes are investigated by law enforcement officers and prosecutors. During the course of pre-charge investigations it is common for a police officer to attempt to speak to the “target” of the investigation. Other times, investigating grand juries may be utilized and subpoenas issued to require someone’s appearance before a grand jury. The Constitution states that no person shall be compelled to be a witness against himself in a criminal case. This is called the 5th Amendment privilege – and it needs to be protected.

When do I need to hire a criminal attorney?

Many individuals forget that an attorney isn’t only needed once someone is charged with a crime – often times it is critical to have counsel before charges are brought. The following list shows some of the benefits of having counsel when you believe or know that you are being investigated by law enforcement.

  •  It prevents the officers from speaking to the “target” directly – therefore, not providing law enforcement with any potentially incriminating statements.
  • It will allow for guided and thorough conversation about how one should act while being investigated. The tactics and tools that law enforcement use are wide ranging. An experienced criminal lawyer will be able to properly and completely inform the one being investigated on things to be aware of and how to protect your rights.
  • It will allow for you to properly being preparing your defense in the event that you are ultimately charged.  The earlier the better, as it is common for evidence to become harder to preserve with a longer delay.
  • It will prohibit others from attempting to speak to the target while acting on behalf of the government.
  • If an arrest is planned – it will allow your attorney time to speak to the government and agree on a turn-in date rather than being arrested when you are not expecting it.
  • In the event that cooperation with the government is the best strategy in your defense, your attorney can help to set up any communications with the government and ensure your rights are protected throughout the cooperation process.

This list is not exhaustive.  Pre-charge investigations can be drawn-out in time and incredibly involved.  If you believe you or a loved one may be the subject of one of these investigations it is a good decision to hire a criminal defense attorney to protect your interests and represent you through the process.

Contact West Chester Criminal Defense attorney Mike DiCindio to discuss your case today.

 


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael DiCindio is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale.