The Criminal Law Department of Laputka, Bayless, Ecker & Cohn is managed by Bruce S. Miller, Esquire, who has practiced primarily in the area of criminal defense for more than 34 years. Miller served as a public defender for Luzerne County for more than 17 years and as an instructor in criminal law at Penn State University for several years.
We believe the key to successful representation is preparation – total preparation – for any criminal matter, whether it is a simple violation of the Motor Vehicle Code or a major felony. Preparation requires active participation by the client and anyone who can assist in preparing a defense.
If you have questions regarding any criminal matter or would like to have a free consultation regarding any criminal matter, please contact us. A criminal attorney will personally speak with you or read and respond to your e-mail.
Areas of Criminal Defense Practice
Violations of the Pennsylvania Motor Vehicle Code including DUI, driving under suspension, homicide by vehicle, and accidents involving personal injury Motor vehicle suspension appeals
Summary violations of the Pennsylvania Crimes Code including underage drinking, public drunkenness, and disorderly conduct
Misdemeanor violations of the Pennsylvania Crimes Code including assaults and thefts
Felony violations of the Pennsylvania Crimes Code including burglary, robbery, aggravated assault, arson, and homicide
Violations of the Controlled Substance Act including delivery, possession with intent to deliver, and possession
Probation and parole violation hearings
Representation at preliminary hearings on all charges
Frequently Asked Questions
What do I do if I receive a citation in the mail?
You must respond to a citation within ten (10) days, indicating whether you are pleading guilty or not guilty. If you do not respond within ten (10) days, a warrant may be issued for your arrest and your motor vehicle operating privileges may be suspended.Should I contact an attorney if I receive a citation?
You should immediately consult an attorney when you receive a citation to determine what your options are: whether you should plead guilty or plead not guilty and request a hearing. (we do not charge a fee for these initial consultations.)
What do I do if I receive a criminal complaint in the mail?
You should immediately consult an attorney to determine how you should proceed. You can either have an attorney represent you at the preliminary hearing or “waive” the hearing to court. However, you should not go to a preliminary hearing without having first consulted an attorney.
If I am taken into custody and requested by law enforcement to give a statement, what should I do?
You should respectfully indicate to the police that you do not want to be uncooperative, but that you would like the advice of an attorney before you answer any questions other than your name and address.
If I am requested by law enforcement to come to the police station for an interview or for questioning, should I go?
You should always consult an attorney before voluntarily appearing for an interview or for questioning, regardless of whether you believe you have knowledge of any criminal violation.
If my vehicle is stopped by law enforcement and I am asked to consent to a search of the vehicle, what do I do?
You have the right to ask the police officer why it is that he wishes to search your vehicle and you also have the right to tell him that you do not wish to give consent to a search.
Do law enforcement officers have the right to stop me as I am walking down the street and search me?
Generally, police officers have the right to stop you and ask you your name. However, they do not have the right to ask further questions or request to do a search of your person without “probable cause.” If you are requested to consent to a search, you should ask the police officer why he wishes to search you. Further, you can indicate to the police officer that you will not give consent to a search.
Must police officers advise me of my “constitutional rights” whenever I am questioned?
Police officers are not required to advise you of your constitutional right to remain silent and your constitutional right to an attorney unless you are “in custody.” This does not necessarily mean that you have to be in a police vehicle, or in handcuffs, or at the police station. It is always advisable to indicate to a police office that you wish to speak with an attorney before agreeing to answer any questions other than your name and address.
If I believe a police officer is violating my rights, can I resist him?
In any situation in which you encounter law enforcement, you must be courteous and respectful, regardless of whether you feel the police officer is “wrong” or is violating your rights. If you feel that you have not been treated properly, you should discuss this with an attorney, but under no circumstances should you take the law into your own hands.