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State College Criminal Defense Law Blog

How football season could lead to a DUI arrest

Driving under the influence (DUI) infractions occur all day, every day and all throughout the year. However, arrests for impaired driving do surge upward during certain times of the year. Near the holidays, for example, drunk driving crash rates increase. Many police departments ramp up enforcement activity immediately before and...

PAS versus a Breathalyzer, DUI defense

Pennsylvania police who patrol State College often make traffic stops on vehicles. It would not be uncommon for a police officer to instruct a driver to step out of his or her vehicle if the reason for the traffic stop is suspected intoxication. Facing DUI charges may have both immediate...

Driving while under the influence of medications

Few things may be as stressful as being accused of driving while under the influence. While most drivers may associate such issues with alcohol consumption, this might not be the only thing that could trigger similar results. In some cases, even certain prescription or over-the-counter medications could prompt impairment. Driving...

What are the elements of burglary?

Pennsylvania residents who find themselves arrested for burglary need to act fast. The charges can quickly work against you. Understanding the elements of burglary might help in your defense. What is burglary? Burglary is a theft crime that involves illegally entering a property or structure with the intention of committing...

The troubles with hair analysis evidence

Compelling evidence could lead to a conviction in a Pennsylvania criminal courtroom. Video footage, blood samples, and eyewitness testimony may come together to paint a picture of guilt. Hair samples might enter into evidence, sometimes swaying guilty verdicts. However, like other examples of forensic evidence, a hair analysis is not...

What is drug scheduling?

Drug crimes are taken seriously in Pennsylvania. It’s important to understand the concept of drug scheduling and what it means. What is drug scheduling? Different types of drugs are categorized into schedules per the Controlled Substances Act of 1970. The Drug Enforcement Administration or DEA is responsible for determining the...

Older persons and intoxicated driving risks

State law establishes a legal threshold for someone to be an intoxicated driver. That said, someone’s BAC could be lower than .08 and may still be unable to operate a vehicle safely. Even one drink could make someone a danger to other drivers on Pennsylvania roads. Ultimately, several factors, including...

Pennsylvania DUI legislation

All states take a specific approach to prosecuting driving under the influence, and Pennsylvania is no different. New legislation has actually classified levels of DUI into three categories instead of two that many states use with respect to filing aggravated charges. Penalties are enhanced at 0.10 BAC level as opposed...

Your Philadelphia DUI Case: The Basics

Driving under the influence of alcohol or drugs is a serious criminal matter in Pennsylvania. It is not necessary to have consumed alcohol shortly before driving either, as the laws in Pennsylvania have been enhanced to allow impaired driving charges for both prescription and illegal drugs. And all drivers understand...

What is criminal mischief?

Sometimes what starts as harmless fun can end with criminal charges. Criminal mischief is a common charge that may result from out-of-control parties, pranks and other similar events. What is criminal mischief? The legal definition of criminal mischief A person may be guilty of criminal mischief if one of several...

Common defenses to a DUI charge

All states enforce drunk driving laws to keep the roads safe, and penalties vary depending on the circumstances. Even a first offense can mean some jail time or fines and license suspension. However, drivers in Pennsylvania can fight the charges and use several defenses. Breathalyzer is inaccurate An officer may...

What is the ARD program?

If you are a drug offender in Pennsylvania and it is your first offense, then you might be able to avoid a criminal conviction. It’s part of a program that the state runs called ARD, or Accelerated Rehabilitative Disposition. This program is designed to make life easier for first-time offenders...

Penalties for cocaine crimes in Pennsylvania

Cocaine is a very addictive controlled substance made from the leaves of coca plants. Since it can damage health, most states have made laws that prohibit cocaine. A person in State College, Pennsylvania, who gets caught with cocaine faces several penalties. Overview of Pennsylvania drug laws Pennsylvania divides controlled substances...

Do you have to submit to a field sobriety test?

Motorists who get pulled over in Pennsylvania and suspected of driving under the influence are often subjected to field sobriety tests. These tests may include finger-to-nose, reverse counting or “follow my finger,” and many drivers assume that they must complete the tests at an officer’s request. Pennsylvania has implied consent...

Does reasonable suspicion support a DUI stop?

A conviction for a DUI first offense in Pennsylvania may leave the defendant with six months of probation, a fine, and court-ordered treatment. Long before a conviction in court, the accused faces an arrest. The police might notice something suspicious about a person’s behavior and investigate. An officer’s assertion of...

Issues with forensic evidence bias

Forensic evidence is often hailed as automatic material evidence in Pennsylvania courts. Forensics are so important that many metropolitan police departments actually have a forensics unit handling difficult criminal investigations. Prosecutors often use forensics evidence even in seemingly minor criminal cases because it may help them arrive at the truth...

Bite evidence is not infallible

Over the years, Pennsylvania residents have heard a lot of stories about wrongful convictions being overturned. It’s easy to imagine a situation where someone was railroaded by hateful people, or one where there was no concrete evidence, and the case was entirely circumstantial. But the truth is that sometimes, these...

Is bite mark evidence credible?

Forensic evidence often serves as the component that eliminates reasonable doubt in a jury’s eyes. In some instances, forensic evidence may exonerate someone falsely accused of a crime. DNA evidence might reveal whether someone did or did not commit a crime. Bite marks may do the same, although “bite evidence”...

What are the elements of entrapment?

If you face drug charges after dealing with an undercover officer, you may be wondering whether he or she performed a fair arrest. While officers have a right to investigate without revealing their identity, there are rules for soliciting a crime. According to the United States Department of Justice, if...

3 common defenses to BUI charges

As temperatures climb, you may be itching to pull your boat out of storage and prepare for a summer on the lake. If you intend to consume alcohol on the water, though, you may have some concerns about boating under the influence. Operating a watercraft with a blood alcohol concentration...

The surging opioid epidemic

The opioid epidemic continues to hit Pennsylvania extraordinarily hard. It is a problem that, to date, has taken friends and family members from a huge number of people throughout the Commonwealth, and that has affected the lives of nearly every Pennsylvanian. Recent news indicates that there is no sign of...

Is marijuana legal in Pennsylvania?

If a police officer arrests you for something, it is typically safe to assume that the charge could result in a conviction. However, you have rights. Marijuana laws are changing in Pennsylvania. However, they are still somewhat strict — especially when compared with some other areas of the Northeast. Medical...

What is fentanyl?

Opioids are a class of drugs with a high potential for abuse and overdose. While many of these drugs have legitimate therapeutic uses for relieving pain, they are often used illegally to induce a feeling of euphoria. This is especially true of fentanyl, which is a highly potent synthetic opioid....

A DUI conviction may make college unaffordable

With average in-state tuition surpassing $22,000 per year, Pennsylvania is a comparatively expensive place to obtain a four-year degree. Fortunately, whether you intend to seek government-backed assistance, work-study aid or private funding, you probably have some options for paying for your higher education. A conviction for driving under the influence...

Can I challenge breathalyzer results?

In many cases, the majority of a state’s claim that an individual was driving under the influence of alcohol rests on the breathalyzer results. However, just like it is possible to challenge radar gun results in speeding ticket cases, it is also possible to challenge a breathalyzer results in drunk-driving...

What does inchoate mean?

There are many ways the law categorizes crimes, such as felonies and misdemeanors. Another way to categorize a crime is with the label inchoate. An inchoate offense, according to Cornell Law School, is a crime that leads to another crime. There are three basic inchoate offenses: conspiracy, solicitation and attempt....

How alcohol affects a driver’s body

In the United States, nearly 30 people die in car accidents every single day. In 2018 alone, there were over 10,000 fatalities due to drunk driving. What makes alcohol so dangerous to use while driving? The NHTSA explains that a person’s blood alcohol concentration can affect judgment, behavior, muscle control...

What are PA’s ignition interlock laws?

All states in the nation have strict laws against drunk driving. However, different states have slightly different requirements, so it is important to understand what specifically applies to Pennsylvania. All states have some variety of ignition interlock laws. According to the Pennsylvania Department of Transportation, repeated DUI offenders, those who...

What are the penalties for Pennsylvania DUI?

Pennsylvania imposes severe penalties for driving under the influence through the state’s zero tolerance program. The legal consequences of DUI vary depending on the driver’s level of impairment as measured by a blood or breath test. Before facing a DUI court date in Pennsylvania, understand the potential penalties for a...

How to move on after a drug conviction

When an individual has an arrest on their criminal record, it should not ruin their future. According to Criminaldefenceblawg, individuals may still look past the difficulties and challenges of getting arrested and facing legal punishments. Similarly, they may look up to their future and rebuild their life. When they know the actions...

What should you know about DUI cases?

According to the National Highway Traffic Safety Administration, over 30 people lose their lives daily in accidents involving drunk drivers. Going for a drive when your BAC is higher than 0.08%, will lead to apprehension and conviction for DWI. As you know, once alcohol gets into your bloodstream, it goes...

Are field sobriety tests really accurate?

Pennsylvania drivers stopped by law enforcement officers and eventually suspected of driving under the influence of alcohol may commonly be asked to participate in a series of tests before their blood alcohol content is measured via any chemical means. These initial activities, field sobriety tests, theoretically provide support to officers...

What is the Good Samaritan law?

In the US, the opioid epidemic continues and Pennsylvania is no exception. In many states, policymakers face uncertainty on how to curb the epidemic and reduce the overdose rates. The Good Samaritan law is among the attempts at reducing overdoses. The NCSL reports that Pennsylvania is one of 40 states...

The problem with police informants

A Penn State student recently learned the hard way how police rely on informants. The student was arrested and charged with several different drug violations after allegedly selling cocaine several times to a police informant. Once police found their informant, they gave that person money, which he or she then...

PSU hazing case still not over

After a judge dismissed nearly all the most serious charges last September against several members of Penn State’s Beta Theta Pi fraternity in the death of a pledge, many of those accused were likely ready to move on with their lives. The case garnered national attention and sparked more conversations...

2 facing felonies, ‘defiant trespassing’ charge for bar break-in

Two young men have been charged with felony burglary and several misdemeanor charges after allegedly breaking into The Saloon bar on Hiester Street early Sunday. The misdemeanor charges included theft, possession of controlled substances and “defiant trespassing,” which involves continuing to trespass after being given notice to leave. According to...

Crime labs are not infallible

While there are no known issues here in Centre County, Pennsylvania, news reports from across the country of faulty procedures, cover-ups and dishonest and incompetent employees in crime labs should be enough to make any person arrested based on forensic evidence nervous. While TV shows have made the work of...

How do police officers spot a drunk driver?

Arrests based on drunk driving charges are one of the most common types of arrests that law enforcement officers make throughout the country, including in Pennsylvania. Every day in State College, Lock Haven and across Pennsylvania, people make the mistake of getting behind the wheel of a car after consuming...

Do I qualify for an expungement?

By some estimates, one in three adults in the United States has a criminal record. For many people, these are for low-level offenses like marijuana possession, disorderly conduct or DUI. Unfortunately, that one-time mistake can stain a person’s record for decades. For some people, that can make it hard to...

PSU simulation logical segue to state’s DUI penalties

Students are used to simulations involving myriad subject matter. Even at the elementary school level, mock programs stressing things like orderly evacuations during emergencies, appropriate responses to bullying behavior and defensive strategies to engage potential adult predators are introduced. And thus it was likely that PSU students hearing about —...

What is PSU’s Office of Student Conduct?

One thing we certainly know from a deep well of personal experience and strong legal advocacy on behalf of students is that our representation often has both immediate and longer-term effects. Understandably, many students at PSU and other area colleges and universities are most intimately concerned with the “what’s next”...

Can I appeal my conviction?

A conviction is a scary thing. Your mind will likely flood with questions about what the future holds now. Will you go to jail? Will you lose your job? What will happen to your record and reputation? The first thing to do is take a deep breath and remember that...

Don’t ruin Thanksgiving with a DUI

Thanksgiving should always be a time for happiness and coming together with friends and family to celebrate. Unfortunately, many people party far too hard over the long weekend, leading to a spike in fatal accidents and DUI arrests. PennDOT announced this week that officers will be paying extra attention for...

How tailgating can put you at risk

Football season is going strong. Enjoying the festivities is a long-held tradition and almost inescapable part of the Penn State experience. Despite that, tailgating is one of the easiest ways for underage students to get into some serious trouble. Penn State takes this issue seriously, increasing police presence at games...