© 2019 by Law Offices of Michael F. Niznik

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Every case is different. Nothing on this site should be taken as legal advice for an individual case or situation. Viewing the information on this site, or sending a message to our firm through this site, does not create an attorney-client relationship and will not entail a confidential communication. 

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

 

  • Norristown 

  • King of Prussia 

  • Fort Washington 

  • Horsham 

  • Lansdale 

  • Abington 

  • Plymouth 

  • Blue Bell

  • 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

 

  • 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.

 

  • 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.

 

  • 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.​

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. 

  • 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

 

  • Christopher J. Cerski 

    8230 Old York Road
    Elkins Park, PA 19027
    phone: 215-885-4796
    fax: 215-884-6530

 

  • John D. Kessler 

    1150 Old York Road
    Abington, PA 19001
    phone: 215-887-2362
    fax: 215-887-2364

 

  • Juanita A. Price 

    875 North Easton Road
    Glenside, PA 19038
    phone: 215-885-4120
    fax: 215-885-2190

 

  • Henry J. Schireson 

    907 Montgomery Avenue
    Narberth, PA 19072
    phone: 610-664-5262
    fax: 610-667-3120

 

  • Michael P. Quinn 

    116A Cricket Avenue
    Ardmore, PA 19003
    phone: 610-896-8585
    fax: 610-896-8601

 

  • Katherine E. McGill Magid 

    1316 Bruce Road
    Oreland, PA 19075
    phone: 215-572-7845
    fax: 215-572-7891

 

  • William I. Maruszczak 

    485 South Henderson Road
    King of Prussia, PA 19406
    phone: 610-265-3950
    fax: 610-265-8932

 

  • Patricia A. Zaffarano 

    1301 South Bethlehem Pike
    Ambler, PA 19002
    phone: 215-542-1262
    fax: 215-646-3588

 

  • Scott T. Palladino 

    1 Security Plaza
    Suite 101
    Pottstown, PA 19464
    phone: 610-326-9271
    fax: 610-326-4179

 

  • Edward C. Kropp, Sr. 

    2093 East High Street
    Pottstown, PA 19464
    phone: 610-326-9274
    fax: 610-326-8136

 

  • Francis J. Bernhardt, III 

    Building B, Suite 101
    625 West Ridge Pike
    Conshohocken, PA 19428
    phone: 610-828-0278
    fax: 610-828-6722

 

  • Paul N. Leo 

    420 South York Road
    Condo C-F
    Hatboro, PA 19040
    phone: 215-957-5935
    fax: 215-957-5937

 

  • Francis J. Lawrence, Jr. 

    200 West Main Street
    Norristown, PA 19401
    phone: 610-279-3332
    fax: 610-279-3010

 

  • Margaret A. Hunsicker-Fleischer

    754 East Johnson Highway
    Norristown, PA 19401
    phone: 610-279-6226
    fax: 610-279-2423

 

  • Andrea D. Duffy

    Building D, Suite #100
    601 Bethlehem Pike
    Montgomeryville, PA 18936
    phone: 215-855-3946
    fax: 215-855-1975

 

  • Walter F. Gadzicki, Jr.

    497 West Ridge Pike
    Limerick, PA 19468
    phone: 610-495-8440
    fax: 610-495-8442

 

  • Cathleen Kelly Rebar

    133 Level Road
    Collegeville, PA 19426
    phone: 610-409-2515
    fax: 610-409-2517

 

  • Robert M. Sobeck

    Blue Bell West
    653 Skippack Pike
    Blue Bell, PA 19422
    phone: 215-646-8201
    fax: 215-646-4156

 

  • Harry J. Nesbitt, III

    903 Sheehy Drive
    Suite A
    Horsham, PA 19044
    phone: 215-675-2040
    fax: 215-675-2344

 

  • Deborah A. Lukens

    4002 Center Avenue
    Lafayette Hill, PA 19444
    phone: 610-828-5226
    fax: 610-828-0446

 

  • Albert J. Augustine

    840 Harleysville Pike
    Suite 2
    Harleysville, PA 19438
    phone: 610-584-4732
    fax: 610-584-4751

 

  • James P. Gallagher

    128 West Fourth Street
    Bridgeport, PA 19405
    phone: 610-277-3377
    fax: 610-277-3379

 

  • Edward J. Levine

    430-440 Pennbrook Parkway
    Lansdale, PA 19446
    phone: 215-393-7534
    fax: 215-393-7536

 

  • Catherine M. Hummel Fried

    Hanover Square
    80-H Gravel Pike
    Red Hill, PA 18076
    phone: 215-679-5811
    fax: 215-679-7561

 

  • Maurice H. Saylor

    1881 Swamp Pike
    Gilbertsville, PA 19525
    phone: 610-326-1145
    fax: 610-326-6513

 

  • Karen Eisner Zucker

    11 Union Avenue
    Suite 100
    Bala Cynwyd, PA 19004
    phone: 610-668-1201
    fax: 610-668-1204

 

  • Jay S. Friedenberg

    102 York Road
    Suite 100
    Willow Grove, PA 19090
    phone: 215-659-6840
    fax: 215-659-6903

 

  • 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.