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Posted in Constitutional Rights on June 18, 2025
In a significant Third Circuit decision, the court ruled that police officers violated the Fourth Amendment when they opened a car door during a routine traffic stop without reasonable suspicion. The case, United States v. Donte Dowdell (No. 21-3251), highlights the critical importance of timely legal arguments and raises important questions about the scope of… view more
Posted in ARD on June 15, 2025
On May 30, 2025, the Pennsylvania Supreme Court issued a landmark decision in Commonwealth v. Shifflett, ruling that acceptance into Pennsylvania’s ARD program for a DUI is not a criminal conviction and cannot be considered a “prior offense” for enhancing penalties in future DUI cases. This decision significantly impacts DUI sentencing in Pennsylvania, overturning a… view more
Posted in Expungement on December 29, 2024
A Pennsylvania expungement destroys records of a case so that charges do not appear on criminal background searches. In order to obtain an expungement, a person must first be legally eligible, meaning the law must allow it. Only if a person is eligible can they file an expungement and then try to convince a judge… view more
Posted in DUI on December 29, 2024
What Is Considered a Refusal in a Pennsylvania DUI Case? In Pennsylvania DUI cases, a police officer can require a driver to submit to chemical testing—such as a blood test or breathalyzer—if the officer has reasonable grounds to believe the driver is under the influence of alcohol or drugs. A refusal to submit to testing… view more
Posted in Constitutional Rights on August 7, 2024
Many people want to know if the police need to obtain a warrant before searching a person’s cell phone. In Pennsylvania, the answer is that it depends. Given the rise in the importance of cell phones, courts grabbled with a person’s 4th Amendment rights when applied to phones, primarily focusing on whether or not warrants… view more
Posted in DUI on July 14, 2024
Many people me and ask “how can I be charged with DUI if the officer did not observe me driving?” In many of the cases, the person is sleeping behind the wheel of the car but not driving. In Pennsylvania, while the charge is Driving Under the Influence, the DUI law actually states that an… view more
Posted in Public Drunkenness on March 22, 2024
Alcohol can often lead a Jekyll and Hyde phenomena that causes normally intelligent people to make very poor decisions, and alcohol negatively impacts everyone, including criminal defense attorneys. According to a newspaper report, a Florida criminal defense attorney was recently arrested and charged with Disorderly Intoxication after getting into a drunken argument in public with… view more
Posted in Constitutional Rights on February 10, 2024
Routine Traffic Stop on I-80 The State Police conducted a traffic stop of a Cadillac SUV on I-80 in Union County for Following Too Closely and failing to use a turn signal when changing lanes. These are relatively minor violations, but the police often use minor violations on major roadways as an excuse to pull… view more
Posted in Furnishing Alcohol to Minors on February 4, 2024
A Philadelphia area woman that had previously run to be the Lieutenant Governor of Pennsylvania was charged with Furnishing Alcohol to a Minor after allegedly throwing an underage drinking party for her daughter’s 17th birthday. At the Preliminary Hearing, various teenage attendees testified that the woman hosted the party at her home and actively participated… view more
Posted in Assault,Firearms on January 24, 2024
Twas the night before Christmas, and all through the house, not a creature was stirring, but a woman chose to attack her would-be-spouse. A 20-year-old Florida woman became somewhat of a grinch on Christmas Eve and took a verbal argument with her boyfriend a bit too far. The woman grabbed the Christmas tree that had… view more
