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Posted in ARD,DUI,Prior Offense DUI on January 1, 2022
Almost eveyrone that is arrested in Pennsyvlania for suspicion of DUI immediately heads to Google to search. They want to know what is going to happen and what penalities will be imposed for a conviction. There are very severe mandatory minimum sentences for a Pennsylvania DUI conviction, and those sentences are increased substantially if the… view more
Posted in DUI on November 21, 2020
Everyone knows that a normal DUI charge requires a prosecutor to present evidence at a trial that a person was driving and the person’s alcohol level was over the legal limit. In Pennsylvania, a driving under the influence charge for alcohol also normally requires that the blood or breath was drawn within two hours of… view more
Posted in Constitutional Rights on October 19, 2020
The Pennsylvania Superior Court recently issued a decision which considers the fact that Pennsylvania citizens can lawfully possess and use marijuana for medicinal purposes. Many states across the nation now allow for medicinal marijuana use, and some areas have de-criminalized or even legalized marijuana use. The fact that marijuana is not illegal in all circumstances… view more
Posted in ARD on September 6, 2020
Many first-time DUI offenders participate in a pretrial diversionary program called Accelerated Rehabilitate Disposition (ARD) that allows a person to have the charges dismissed and expunged upon completion of the program requirements. Whether a person is approved to participate in ARD is generally up to the District Attorney in the particular county, and the District… view more
Posted in Constitutional Rights on August 23, 2020
DISCLAIMER – This is NOT an article about my personal opinion on whether or not masks should be worn. I have a Juris Doctorate degree, and that degree gives me the ability to provide legal advice. I do not have a doctorate in the medical field, which means that I should NOT give an opinion on… view more
Posted in Sentencing on July 11, 2020
Many people want to know whether or not medicinal marijuana can be used while a person is on probation or parole in Pennsylvania. In the past, the answer depended upon what county was supervising the probation or parole. Some counties allowed medicinal use of marijuana, but other county probation departments did not. On June 18th… view more
Posted in Constitutional Rights on May 25, 2020
During the Coronavirus pandemic, some people focused on buying and hoarding toilet paper, but other people chose to focus on buying a gun. According to a recent article, the Pennsylvania State Police conducted approximately 305,000 background search reports between January and March of 2020 for people that were attempting to buy a gun. That number… view more
Posted in ARD,DUI on May 21, 2020
The Pennsylvania Superior Court issued a ground breaking decision and held that participation in Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program for a DUI offense cannot be used to treat a subsequent driving under the influence case as a second or subsequent offense for mandatory minimum sentencing purposes. This decision will have a huge impact on… view more
Posted in Constitutional Rights,DUI on May 10, 2020
The Pennsylvania Superior Court recently reviewed a Cumberland County DUI conviction and concluded that the original judge had incorrectly denied the suspect’s request for suppression of evidence. In the case, captioned Commonwealth v. Wallett 1677 MDA 2019, Wallett argued that her constitutional rights were violated when a police officer stopped her vehicle in a residential… view more
Posted in Constitutional Rights on April 14, 2020
Due to the Coronavirus pandemic that is sweeping across the nation, the Pennsylvania governor issued an executive order that allows for a relatively small number of inmates to be released from state prison. The goal of the order is to reduce the prison population and thereby reduce the number of people, both inmates and guards,… view more
