Over 100 “5 Star Reviews”1.10.16
Q: Attorney Tully, if I am stopped by the police and asked to take a chemical test, can I choose what test I take? A: Not anymore. Either you consent to the officer’s request or legally you are a refusal. The Pennsylvania Supreme Court just ruled on this issue last month. What the Pennsylvania High […]
1.3.16
Q: Attorney Tully, how can I protect myself, when I am driving, from being stopped by the cops? A: If the police see you violating some section of the Vehicle Code, that could give them probable cause to stop you. For example, the Pennsylvania Superior Court recently ruled that a police officer, observing a Defendant […]
12.27.15
Q: Attorney Tully, what is the biggest change you have seen in the practice of criminal law over the last 25 years? A: It has to be the enforcement of DUI laws. It used to be unheard of that someone would go to jail for drunk driving. Not today. The police are definitely out there protecting […]
12.20.15
Q: Attorney Tully, if I make a plea bargain at the Preliminary Hearing with the prosecutor, are they bound by it? A: Generally yes. This is especially true if the plea bargain is in writing and signed by the prosecutor. There is even case law that says that prosecutors are bound by the terms of […]
12.13.15
Q: Attorney Tully, I am charged with refusing to take a Breathalyzer. A police car dashboard camera video recorded my arrest. Does the video control the case? A: No. Police car dashboard camera videos can help in deciding a case. However, the Judge still must decide the case, not the camera. Recently a State Trooper […]
12.06.2015
Q: Attorney Tully, I am an Army vet with a criminal record. I have criminal charges pending against me. I know I have a mental health issue. Can you help? A: Maybe. Some Pennsylvania Courts have adopted an innovative program called Veterans Court. The idea of the program is your charges are initially screened by […]
11.29.2015
Q: Attorney Tully, I am trying to work out a plea bargain on my criminal burglary charges. Can they use any statements I make against me if the deal falls through? A: It depends on your agreement. The Rules of Evidence do say any statement you make during the course of plea discussions is inadmissible […]
11.22.2015
Q: Attorney Tully, if I drive after having a couple of drinks, but I am driving fine, am I safe from the police? A: Maybe not. Why? Because the police can pull you over for reasons unrelated to your driving ability. For example, if your car is in violation of the Pennsylvania Vehicle Code, the […]
11.15.2015
Q: Are you having a hard time sleeping at night due to a current issue you are involved in with a criminal or injury case? A: Check out “Bernie’s Blog” at www.telltully.net for answers. You can send legal questions over on my website and I will do my best to answer them for you. How […]
CRIMINAL CASES-WHY A.R.D. SHOULD ALWAYS BE THE GOAL
If you have been charged with a criminal offense, the first priority would be to select an attorney. Then see if your case is eligible for the ARD program. ARD stands for Accelerated Rehabilitative Disposition. It is a program for first-time offenders involving non-violent offenses. There are several qualifiers to be accepted into the program. […]