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267-589-0601
The Law Offices of
MONTGOMERY COUNTY CRIMINAL DEFENSE ATTORNEY
MONTGOMERY COUNTY OFFICE LOCATION
525 Swede Street
Norristown, PA 19401
Email: Michael@NiznikLaw.com
Tel: 267-589-0601
Fax: 215-839-1223
Our office regularly represents clients in the Montgomery County court system. Our Norristown office is located less than one block from the Montgomery County Courthouse. We handle cases at every magistrate in Montgomery County and all Montgomery County Court of Common Pleas matters. If you have been charged with a crime in Montgomery County, contact us today for a free consultation.
CITIES SERVED IN MONTGOMERY COUNTY
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Norristown
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King of Prussia
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Fort Washington
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Horsham
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Lansdale
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Abington
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Plymouth
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Blue Bell
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All of Montgomery County
MONTGOMERY COUNTY DUI LAWYER
A Montgomery County driver can be charged with a DUI if their blood alcohol content (BAC) is over .08%. Police officers will usually seek to establish impairment by requesting that you perform field sobriety tests and a portable breath test. A Montgomery County DUI conviction carries severe penalties which can include jail, loss of license, and steep fines. Because of this, it is important to seek the counsel of an experienced Montgomery County DUI lawyer at the earliest possible moment.
Montgomery County DUI Lawyer, Michael F. Niznik, has successfully handled numerous DUI charges in the Montgomery County Court System. It is important to seek the counsel of an experienced Montgomery County lawyer when facing a charge as they know the nuances of the Montgomery County court system.
DEFENSES TO A DUI CHARGE IN MONTGOMERY COUNTY
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Probable cause: A Montgomery County police officer must have probable cause to pull your vehicle over and to request that you submit to field sobriety tests.
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BAC incorrect: Many times, the machines used to test your BAC in Montgomery County are incorrectly used or incorrectly calibrated. In these instances, a suppression motion may be appropriate to suppress the results of this incorrect test.
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Defendant was not under the influence: Often, a Montgomery County police officer will cite subjective observations to charge an individual with a DUI. These observations can be incorrect and this error can lead to a dismissal of your charges.
MONTGOMERY COUNTY CRIMINAL DEFENSE ATTORNEY
A criminal charge in Montgomery County begins with an arrest and Preliminary Arraignment. Montgomery County Criminal Defense Attorney, Michael F. Niznik, will assist you from the very first stage of your case. Contact our office as soon as possible for a free consultation and to allow Attorney Niznik to begin building a winning defense strategy.
MONTGOMERY COUNTY SPEEDING TICKET LAWYER
If you are charged with a traffic violation in Montgomery County, you may be facing points on your license, a license suspension, or even jail. Montgomery County traffic attorney, Michael F. Niznik, is well-versed in the traffic court system and will seek to minimize the impact this citation has on your life.
CRIMINAL PROCESS AFTER
ARREST IN MONTGOMERY COUNTY
WHAT TO EXPECT WITH A DUI ARREST IN MONTGOMERY COUNTY
A DUI or criminal arrest in Montgomery County typically begins with a traffic stop. An officer will usually cite a traffic violation (weaving, red light violation, etc.) to justify the stop. After approaching your vehicle, the officer may ask you to complete a series of field sobriety tests. These test may include following a pen with your eyes, walking line, or lifting one leg. The officer may also ask you to submit to a breath test. After completing their investigation, you may be arrested and taken down to the police station where you will be placed before a Judge for your Preliminary Arraignment.
PRELIMINARY ARRAIGNMENT IN MONTGOMERY COUNTY
A Montgomery County Preliminary Arraignment occurs before a Magisterial District Judge. The purpose of this proceeding is for Judge to inform you of the charges against you, inform you of your right to be represented by an attorney, set bail, and schedule the Preliminary Hearing.
Often times, for low graded crimes such as DUI, the Magistrate will set your bail at ROR “Released on your own Recognizance” or unsecured bail.
ROR means that you do not have to post any money to be released from custody and you will not have to meet any bail conditions during your bail period.
Unsecured bail means that you do not have to post any money to be released from custody pending your trial but you do have to meet certain conditions during your release. These conditions may include being monitored by a bail agency or a stay-away order from the complainant.
If you are charged with a more serious crime, the Judge may require you to post money to be released from custody pending your trial or may deny bail all together.
PRELIMINARY HEARING IN MONTGOMERY COUNTY
A Montgomery County Preliminary Hearing is the first substantive hearing in the criminal justice process. At this stage, the prosecutor must prove by a preponderance of the evidence that a crime may have been committed and the crime was likely committed by the defendant.
A Preliminary Hearing in Montgomery County is not a trial and there are restrictions on what types of evidence a defense attorney can admit. Nonetheless, a preliminary hearing is a valuable tool to establish testimony and elicit facts for trial.
In some cases, it may be possible to have charges changed, reduced or dismissed at the Preliminary Hearing.
Once the Preliminary Hearing is concluded, any charges that are held for court are moved to the Montgomery County Court of Common Pleas for a Formal Arraignment.
FORMAL ARRAIGNMENT IN MONTGOMERY COUNTY
Any charges that have been held for court will be formally read against you at the Formal Arraignment. Much like a Preliminary Arraignment, at the Formal Arraignment, you are advised you of your rights and asked to enter a plea of guilty or not guilty.
PRE TRIAL CONFERENCE OR CALL OF THE LIST IN MONTGOMERY COUNTY
Depending on where you were arrested, after the Formal Arraignment your case will be scheduled for a Pre Trial Conference or Call of the List. Both hearings serve the same purpose – to advise the trial Judge of the status of the case. If a plea deal has been negotiated, many times the case can be disposed of at this time. If a trial needs to be scheduled, the Judge will be advised and schedule the trial accordingly.
TRIAL IN MONTGOMERY COUNTY
Cases that do not reach a Plea agreement are listed for trial. Trial can occur before a jury or as a bench trial with the Judge sitting as the jury. The burden of the Commonwealth at trial is beyond all reasonable doubt. This means that the Commonwealth must prove your guilt on each and every charge beyond all reasonable doubt. If your cases is being heard before a jury, all 12 jurors must agree that you are guilty beyond a reasonable doubt for you to be convicted.
SENTENCING HEARING IN MONTGOMERY COUNTY
If you enter into a negotiated guilty plea or are found guilty at trial, your case will proceed to a sentencing hearing. At this hearing, your attorney will be able to present evidence of justification, rehabilitation, etc. After each side has made their arguments, the Judge will hand down his sentence.
MONTGOMERY COUNTY MAGISTRATES
For any criminal charge in Montgomery County, the first hearing in your case will take place before one of the following Montgomery County Magistrate Judges.
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Ester J. Casillo
160 West Germantown Pike
Suite D5
Norristown, PA 19401
phone: 610-272-3029
fax: 610-272-5080 -
Elizabeth A. McHugh
Station Mews
7804 Montgomery Avenue
Elkins Park, PA 19027
phone: 215-635-1535
fax: 215-635-2256
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Christopher J. Cerski
8230 Old York Road
Elkins Park, PA 19027
phone: 215-885-4796
fax: 215-884-6530
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John D. Kessler
1150 Old York Road
Abington, PA 19001
phone: 215-887-2362
fax: 215-887-2364
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Juanita A. Price
875 North Easton Road
Glenside, PA 19038
phone: 215-885-4120
fax: 215-885-2190
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Henry J. Schireson
907 Montgomery Avenue
Narberth, PA 19072
phone: 610-664-5262
fax: 610-667-3120
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Michael P. Quinn
116A Cricket Avenue
Ardmore, PA 19003
phone: 610-896-8585
fax: 610-896-8601
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Katherine E. McGill Magid
1316 Bruce Road
Oreland, PA 19075
phone: 215-572-7845
fax: 215-572-7891
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William I. Maruszczak
485 South Henderson Road
King of Prussia, PA 19406
phone: 610-265-3950
fax: 610-265-8932
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Patricia A. Zaffarano
1301 South Bethlehem Pike
Ambler, PA 19002
phone: 215-542-1262
fax: 215-646-3588
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Scott T. Palladino
1 Security Plaza
Suite 101
Pottstown, PA 19464
phone: 610-326-9271
fax: 610-326-4179
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Edward C. Kropp, Sr.
2093 East High Street
Pottstown, PA 19464
phone: 610-326-9274
fax: 610-326-8136
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Francis J. Bernhardt, III
Building B, Suite 101
625 West Ridge Pike
Conshohocken, PA 19428
phone: 610-828-0278
fax: 610-828-6722
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Paul N. Leo
420 South York Road
Condo C-F
Hatboro, PA 19040
phone: 215-957-5935
fax: 215-957-5937
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Francis J. Lawrence, Jr.
200 West Main Street
Norristown, PA 19401
phone: 610-279-3332
fax: 610-279-3010
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Margaret A. Hunsicker-Fleischer
754 East Johnson Highway
Norristown, PA 19401
phone: 610-279-6226
fax: 610-279-2423
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Andrea D. Duffy
Building D, Suite #100
601 Bethlehem Pike
Montgomeryville, PA 18936
phone: 215-855-3946
fax: 215-855-1975
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Walter F. Gadzicki, Jr.
497 West Ridge Pike
Limerick, PA 19468
phone: 610-495-8440
fax: 610-495-8442
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Cathleen Kelly Rebar
133 Level Road
Collegeville, PA 19426
phone: 610-409-2515
fax: 610-409-2517
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Robert M. Sobeck
Blue Bell West
653 Skippack Pike
Blue Bell, PA 19422
phone: 215-646-8201
fax: 215-646-4156
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Harry J. Nesbitt, III
903 Sheehy Drive
Suite A
Horsham, PA 19044
phone: 215-675-2040
fax: 215-675-2344
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Deborah A. Lukens
4002 Center Avenue
Lafayette Hill, PA 19444
phone: 610-828-5226
fax: 610-828-0446
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Albert J. Augustine
840 Harleysville Pike
Suite 2
Harleysville, PA 19438
phone: 610-584-4732
fax: 610-584-4751
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James P. Gallagher
128 West Fourth Street
Bridgeport, PA 19405
phone: 610-277-3377
fax: 610-277-3379
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Edward J. Levine
430-440 Pennbrook Parkway
Lansdale, PA 19446
phone: 215-393-7534
fax: 215-393-7536
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Catherine M. Hummel Fried
Hanover Square
80-H Gravel Pike
Red Hill, PA 18076
phone: 215-679-5811
fax: 215-679-7561
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Maurice H. Saylor
1881 Swamp Pike
Gilbertsville, PA 19525
phone: 610-326-1145
fax: 610-326-6513
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Karen Eisner Zucker
11 Union Avenue
Suite 100
Bala Cynwyd, PA 19004
phone: 610-668-1201
fax: 610-668-1204
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Jay S. Friedenberg
102 York Road
Suite 100
Willow Grove, PA 19090
phone: 215-659-6840
fax: 215-659-6903
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Gregory Scott
200 West Main Street
Norristown, PA 19401
phone: 610-945-9156
fax: 610-994-2882
If you or someone you know has been charged with a crime, do not delay in contacting an attorney. Montgomery County DUI Attorney Michael F. Niznik will review your case and offer you a free consultation regarding the charges.