A Millcreek Township nurse was suspected of taking medication from a patient. When questioned by police, she was told, in effect, that if she cooperated by waiving her right to consult with a lawyer that she would receive ARD and avoid a conviction. This would enable her to retain her nurse's license. She then gave a statement. She was then charged with theft.

The Commonwealth later denied her application for ARD. Erie criminal defense lawyer Tim George filed a suppression motion on her behalf. After an evidentiary hearing, the Court held that the statement could not be used against her. Without the benefit of her incriminating statement, the Commonwealth then agreed to approve her application for ARD. The nurse avoided a conviction, retained her nurse's license and later had her arrest record expunged.

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