State College Criminal Defense Law Blog
3 types of prescribed drugs that lead to criminal charges
Many people associate drug charges with prohibited substances. People who abuse methamphetamine or heroin are at risk of prosecution. However, many drug-related criminal charges do not involve illegal drugs but rather controlled substances that are subject to strict state oversight. A doctor’s recommendation is necessary for people to legally possess...
Is forgetting to renew my car’s registration a crime?
Forgetting to renew your car’s registration in Pennsylvania is a violation of the state’s Vehicle Code, but it is typically treated as a summary offense rather than a criminal act. While it may seem like a minor oversight, driving with expired registration can lead to fines, potential vehicle impoundment and...
How Pennsylvania law addresses organized retail theft
Retail theft has become an increasingly serious and expensive problem throughout the country. Last year, Pennsylvania enacted a new law aimed at cracking down on those who commit organized retail theft offenses. This followed a spike in these crimes by 30% between 2021 and 2022. The law decreased the value...
Substance abuse might be an underlying cause of theft charges
Most people understand that substance abuse might lead to criminal charges. Those struggling with drug addiction, in particular, could be at risk of criminal prosecution. Simply possessing or being under the influence of certain substances can be an adequate reason for criminal charges. People can also face criminal charges if...
Can college students get immunity from hazing charges?
As Pennsylvanians know all too well, fraternity hazing can be a deadly activity. A Pennsylvania State University (PSU) student died as the result of a fraternity hazing in 2017. The high-profile case has dragged on for years. Two now-former PSU students were sentenced just this past October. Among the charges...
What is a per se DUI offense in Pennsylvania?
Some people end up facing driving under the influence DUI charges because they harm others. Police officers investigating a crash may request chemical testing. They may decide to arrest anyone who fails the test after a crash. Drivers can also end up arrested for DUI charges after a one-on-one traffic...
Can people fight assault charges by claiming self-defense?
State law makes it illegal to intentionally injure another person, touch them offensively or make them fear for their physical safety. People may end up facing assault charges when another person makes accusations against them after an argument. The decision of third parties to contract police during a conflict can...
When is it legal for police officers to pat people down publicly?
Police officers help enforce the law and investigate criminal activity. Conducting searches is one of the many ways that they gather evidence of criminal activity. When police officers already have strong suspicions about particular individuals, they can go to judges to obtain search warrants. Those intervening in a crime in...
Saving a life can result in immunity from drug charges
The epidemic of fatal drug overdoses throughout the U.S. shows no signs of abating – especially with highly-lethal drugs like fentanyl becoming more prevalent. Thankfully, some scenarios that may potentially result in overdose deaths can be prevented if victims get medical help in time. Unfortunately, people often don’t call 911...
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...
What many college students don’t know about DUI charges
Pennsylvania is home to many successful colleges with thousands of students enrolled in pursuit of degrees. Those students often engage in many social activities outside of class that can have implications on their education and beyond. For example, college parties are notorious for being incredibly wild. Young adults who aren’t...
What should you know about field sobriety tests?
At a traffic stop, police officers may use field sobriety tests to initially determine if a person was driving under the influence (DUI). However, these tests are not always accurate. What should people facing DUI charges know? What forms of field sobriety tests might an officer ask you to perform?...
The danger of making calls while in state custody
Almost anyone who has ever seen a TV show or movie that tells a story related to criminal justice knows that those in state custody have the option of making a phone call, at least in most cases. In fact, state policy encourages regular communication between those in jail or...
Important considerations related to parole
People who are convicted of a crime and sentenced to prison will usually want to be released as soon as possible. For some, there’s a possibility of being awarded parole, which enables them to get out of prison before their initial release date. Being granted parole isn’t always easy. The...
What are some common examples of probation violations?
A conviction for any type of criminal offense can carry serious repercussions that could have a significant impact on your life. There are many types of criminal charges that may carry penalties, such as extensive monetary fines and time behind bars, and the idea of facing such issues can be...
Addressing your options when facing identity theft charges
There are various types of measures authorities might take when investigating allegations of identity theft. This could include anything from tracing footprints to IP addresses to tracking transactions via online sources, and if this investigation leads authorities to your doorstep, you might not know how best to handle the situation....
Reckless driving offenses can carry severe ramifications
Facing any type of traffic violation can be a stressful situation, and the presence of similar issues can affect your life in various ways. While such offenses can lead to marks on your driving record and significant monetary fines, things may grow even more daunting if you stand accused of...
What are some examples of aggravating factors in DUI offenses?
Accusations of driving while under the influence of alcohol can be devastating, and it may only be natural to wonder about how the outcome of your situation could impact your life. Even a first DUI offense could carry severe ramifications, such as a jail sentence and significant monetary fines. While...
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...
Knowing what to expect when facing DUI charges
It might come as no surprise that a conviction for driving under the influence of alcohol could have a significant impact on various aspects of your life. If you face similar allegations, you might not know what to expect from this process and what steps you can take to prepare...
How a violation of someone’s Miranda rights can affect a trial
Those accused of criminal activity benefit from certain protections under the law. The right to receive formal notice of specific legal protections is one of the most important protections for those facing investigation or prosecution. An individual’s Miranda rights are an extension of the Fifth Amendment. The Fifth Amendment protects...
Possible repercussions of failing to address a traffic citation
There are a variety of scenarios in which authorities may issue citations for traffic violations. Allegations of excessive speeding and failure to yield are just two examples of issues that could leave you facing a similar outcome. Receiving a citation for similar violations can be stressful, and you might not...
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 some common legal concerns college students might face?
The college years of life are a time in which many individuals may not only seek to cultivate a brighter future, but also to enjoy life while spending time with friends. While you might be excited to watch your child grow and thrive in the college environment, you may also...
Can I get a DUI for having a drink while boating?
Summertime in Pennsylvania is a time to get outside and head to a baseball game, check out a local festival, and get on the water. Each of these can come with opportunities to enjoy an alcoholic drink but only one can come with the risk of criminal charges. Which summer...
The importance of federal probation
Federal probation is the attempt to reduce the rates of recidivism among the country’s most serious offenders. Repeat offenders in Pennsylvania contribute to high rates of drug misuse, fraud and violations of securities laws. One role of the United States Sentencing Commission is to review, monitor and report on the...
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...
How to challenge the results of a breath test
If you have been arrested and charged with DUI in Pennsylvania, it is important to know your rights. Before anything, keep in mind that you have the right to challenge the results of a breath test. A DUI conviction can have serious consequences, so it is important to understand your...
Beware of police interrogation techniques used in Pennsylvania
If you are arrested in Pennsylvania, be prepared for a long and intense interrogation process. Police and prosecutors in this state use several techniques to try and extract a confession from suspects. In some cases, these methods can be quite persuasive – even coercive. If you are not aware of...
Consequences for probation or parole violations in Pennsylvania
Following the terms of your probation and parole is important to maintain your freedom and keep the consequences reduced. Violations of probation and parole in Pennsylvania could come with extra fines, jail time and a reversal of your probation or parole. Technical violations Probation and parole come with conditions that...
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...
Probation troubles in PA court
Anyone convicted of a crime in Pennsylvania may face serious consequences for the illegal activity. Not all offenders are violent, and some may have a clean record. So, probation becomes an alternative to jail time. However, the Keystone State’s criminal justice system is imperfect, and someone on probation may get...
How underage drinking charges could impact your college student
It happens all too often; your college student was at a party and the police showed up and made multiple underage drinking arrests or citations. You receive a frantic call from your child worrying about their future and the potential ramifications of the incident. Here is some information to help...
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...
Types of field sobriety tests to check driving impairment
There are three major types of field sobriety tests that police officers use to determine a driver’s sobriety in Pennsylvania. The Standard Field Sobriety Test (SFST) is a series of three tests: the horizontal gaze nystagmus, the walk-and-turn and the one-leg stand. Horizontal gaze nystagmus test The horizontal gaze nystagmus...
Expert witnesses do hurt cases in Pennsylvania
Expert witnesses are a crucial part of criminal defense. They (are expected to) offer an unbiased, expert opinion on the case that can help to sway the jury in favor of the defendant. However, not all expert witnesses are created equal. Some experts are more credible than others, and some...
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...
What is considered admissible evidence?
During a criminal case, both the prosecution and the defense rely on evidence to prove or disprove a claim made by either party. For consideration by the court, the evidence must be reliable, relevant and free from prejudice. Evidence that unfairly creates an unfavorable opinion of the opposing party could...
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...
If you move, can it be considered a parole violation?
Pennsylvania residents on parole strive to heed the conditions of their parole. If a person moves, it’s fair to wonder if that can be considered a parole violation. What are the normal conditions of parole? When a person has served time in prison and is released early, there are certain...
Domestic violence claims may threaten parole
Inmates paroled from the Pennsylvania correctional system have to follow the rules and terms of their release. Failing a drug test or engaging in past criminal activities could result in a return to prison. Also, persons convicted or with a history of domestic violence-related crimes may be held accountable if...
Penalties for theft and larceny in Pennsylvania
An individual commits theft when they take another person’s property with no intention of returning it. Prosecutions for theft in Pennsylvania range from shoplifting cases involving items worth a few dollars to elaborate real estate schemes involving property worth millions, and the penalties range from small fines to lengthy prison...
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...
Penalties for marijuana possession in Pennsylvania
Marijuana comes from the dried leaves of the cannabis plant, and some states have made it legal with some restrictions. Other states allow medical use, but it is still illegal in several states. A person in State College, Pennsylvania, may face several charges for possessing or selling it. Marijuana laws...
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...
What can happen if you violate parole?
If you are a resident of Pennsylvania who has been released on parole, it means your sentence is almost over. When you’re on parole, you have strict requirements that you must obey. Violating the conditions of your parole can send you right back to prison. You should know what can...
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...
Problem of lifetime parole in Pennsylvania
Some people who were sentenced to sentences of life without parole as juveniles have been resentenced and released from prison in Pennsylvania. However, many of these people have received sentences including indefinite parole, threatening their freedom if they commit even a minor parole violation. Some former offenders who are currently...
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”...
Is drinking alcohol more dangerous to do on water than on land?
Recreational boaters sometimes take beer or other alcoholic beverages along for the ride. But is this wise? Conditions exist on the water that can produce some surprisingly serious consequences connected to boating under the influence or BUI. Summer boating and safety Vacationers and members of the local college crowd still...
Do robbery charges always involve weapons?
Defendants may feel confused about the charges they face in a Pennsylvania criminal court. A person who believes that he or she committed theft may face charges of robbery instead. In reality, most people don’t know the legal distinction between robbery, theft and burglary. The accused might not understand how...
How does a DUI affect your financial health?
You may not yet understand all the short- and long-term consequences of your driving under the influence charge, but you know you must pay fees, fines and more. Do you know how to adjust your budget to account for the financial ramifications of your DUI? American Addiction Centers touches on...
What happens when you file a criminal appeal?
Feeling that the legal repercussions handed to you do not match your charges can feel discouraging and unfair. Even with criminal charges pending against you, you have the right to fair and just treatment. One of your rights allows you to file an appeal if you disagree with the sentence...
What are simple and aggravated assault in PA?
While all states in the US have laws on the books regarding assault, the details can vary in different jurisdictions. In the state of Pennsylvania, there are two varieties of assault: simple and aggravated. The difference between simple and aggravated assault is the difference between a misdemeanor and a felony....
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...
Assistance for a student facing a college disciplinary hearing
Students attending Penn State University are expected to conform to the Code of Conduct. If you are a student accused of misconduct or charged with a crime, you must schedule a hearing at the Office of Student Conduct. Serious consequences are possible, but the university allows you legal representation. Understanding...
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...
Pennsylvania’s stance on selling or furnishing alcohol to minors
Pennsylvania takes a strict stance against underage drinking. As a result, it also doles out harsh punishments to adults over 21 who furnish underage persons with alcohol. Some PA residents assume that exceptions apply in certain situations. These assumptions typically land otherwise upstanding citizens in hot water. To prevent costly...
Can you look for a job while on probation?
If a Pennsylvania court grants you probation, you may have the option of bypassing time behind bars. Or, you may have already served time, but now have the option of living a semi-normal life so long as you meet the requirements for your probation. During this period, you can enjoy...
What kind of plea bargain will I get for my PA DUI?
It is highly likely that the prosecution will offer you some sort of plea bargain if your DUI case goes to trial. Whether or not it is a good idea for you to accept a plea bargain depends upon the specifics of your case. Regardless, it is almost inevitable that...
What is the difference between probation and parole?
As you prepare to face criminal charges, you may wonder what the difference is between probation and parole. If a judge orders you to participate in either option, both mean you may not need to serve your full term behind bars. Whether probation or parole, having the opportunity to avoid...
“Study drugs” can create serious problems for students
College students have to contend with rigorous academic demands. Trying to balance school work with extracurricular activities and a social life can be extremely challenging. Students sometimes use stimulants in the hopes of getting an edge. Stimulants can offer a burst of energy to stay up and cram for an...
What should I know about PA ignition interlock requirements?
The requirements surrounding ignition interlock compliance for DUI are different between states. If the Pennsylvania courts are charging you with DUI, understanding the nuances of ignition interlock requirements in this state is paramount. Ignition interlock devices are expensive to install and maintain; they may also prevent a barrier to employment...
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...
Does your BAC level reflect how drunk you feel?
Your blood alcohol content (BAC) level is a standard unit of measurement. Law enforcement uses it to determine if you have been drinking too much to be on the road. If you blow a BAC level of over 0.08 percent, you can face serious legal consequences. But is 0.08 percent...
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...
Are DUI checkpoints legal in Pennsylvania?
Few things can ruin an otherwise fun night on the town faster than flashing lights in your rearview mirror. If an officer suspects you may be driving under the influence of alcohol, he or she may ask you to perform a field sobriety test or submit to a breath test....
Understanding the process for violating parole
Parole refers to when a judge releases a person from prison before the end of his or her sentence term. This does not mean, however, that the person is free. It means that the person is fulfilling the sentence term outside of confinement. Upon release, the parole commission gives the...
Impaired driving charges and your CDL
For many people, driving represents the means through which they earn a living. Whether as a long-haul truck driver, a school bus driver or as a courier van driver, losing the right to drive might contribute to the loss of a job. When a person with a commercial driver’s license...
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....
What are the different kinds of plea bargain?
Plea bargaining is a part of nearly every criminal case. Sometimes it may be a good idea for you to accept a plea bargain, and sometimes it may not be. Plea bargains often benefit both the defendant and the prosecution, although there are situations where it is not advantageous for...
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...
How do officers look for probable causes to arrest?
Pennsylvania officers often look at multiple things when determining whether to make a DUI related arrest. Some of them include tangible results from DUI tests like blood or breath tests. Others come from personal examination as they interact with you. This is how they spot probable signs to arrest. Potential...
Why are standardized field sobriety tests more common?
In Pennsylvania, drivers like you may face field sobriety tests if suspected of driving under the influence. There are several tests under this umbrella and two different categories of testing. In general, you are most likely to run into standardized field sobriety tests. But why is this the case? What...
Supporting your claim of self-defense
You certainly never hope to find yourself in a physical altercation with another person; at the same time, however, you recognize that there are situations where a potential threat to your own personal safety (or that of your loved ones) might compel you to act. Many have come to us...
What is considered a violation of probation?
When you are on probation, it helps to know what the law considers a violation. Your probation conditions may restrict your movements and require you to attend meetings and appointments. While probation terms vary from case to case, there are some general rules that you may have to abide by...
How will an underage DUI conviction affect your future?
Perhaps you are a first-year university student just getting used to campus life, its rules, routine and temptations. No doubt there will be parties that include alcohol. If you drink and drive, you face a possible conviction for underage DUI. How would this affect your future? Pennsylvania penalties The state...
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...
Students with drug convictions: rehab may be required for aid
If you are a student, you most likely receive some form of financial aid. Most people apply for federal aid by completing the FAFSA. As with any financial aid, there are requirements that a student must meet. There are also conditions that can hurt a person’s chances of financial aid....
Is the probation system broken in Pennsylvania?
Probation is something judges often use to forego putting a person behind bars. It is common for lower-level crimes or for first-time offenders. If you get a sentence that includes probation in Pennsylvania, you may think of it as a second chance since you are not heading to prison or...
Is boating under the influence illegal in Pennsylvania?
Operating a boat after drinking raises the risk of a catastrophic accident. Pennsylvania’s penalties for boating under the influence vary depending on the operator’s blood alcohol content and other factors. Learn about the possible criminal consequences of a BUI arrest in Pennsylvania. Second-degree felony BUI Aggravated assault by watercraft charges...
A DUI conviction may limit Second Amendment rights
A recent appeals court ruling may mean that some individuals convicted of driving under the influence in Pennsylvania can lose their Second Amendment right to possess a gun. The state’s Department of Transportation outlines three levels of DUI, including a “highest blood alcohol content” of .16% or higher. Penalties for...
What to know about criminal defense
Dealing with a legal matter can always be stressful. It can be even more stressful when the concern has to do with a criminal case. Many people are unaware of what makes up criminal law and what they can expect from their criminal defense attorneys. It is important to know...
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...
DUI penalty may create distracted driving scenarios
Residents in Pennsylvania who find themselves facing allegations of drunk driving charges may feel scared about the potential penalties they face and what impact those penalties may have on their life. One issue for many defendants is the potential loss of driving privileges. Without a valid driver’s license, many people...
Can a legal drug lead to criminal charges?
There is a fine line between legal and illegal drugs. While you may think that using or buying a legal drug will protect you from criminal charges, this may not be true. The U.S. Department of Justice explains that drugs you can legally buy can become illegal if you do...
How do colleges respond to students with DUIs?
Pennsylvania college students may not realize the damage of DUI convictions. Some think it ends after you pay your fine. Others do not even consider the possibility of jail time. But did you know college students face consequences beyond fines and jail time? Today we will look at how colleges...
Understand the parole violation process
When people violate their parole, they may have many concerns about what will happen next. It is important to understand the process parole violators might go through and the consequences they might face. People may think all parole violations are the same. According to the Pennsylvania Board of Probation and...
Why is it illegal to drive on certain medications?
In Pennsylvania, DUI laws do not only cover issues related to alcohol use. It also covers issues related to illegal and even legal drugs. But why is it illegal to drive on some medications if the medicines are not illegal? Today we will look at the answer to that question....
How criminal charges can affect my child’s future
College students are often experiencing their first real taste of freedom. As they learn to handle independence, they sometimes make mistakes such as experimenting with illegal substances or driving while intoxicated. The minor missteps of youth can sometimes jeopardize their futures. If your child is facing criminal charges, you may...
Does the sex offender registry lower the rate of sex crimes?
The Pennsylvania sex offender registry law was largely well-intended. The idea was that if parents knew about any convicted sex offenders living in their communities, they could take appropriate action to keep their children safe. Instead, according to the Philadelphia Inquirer, there is no actual data that proves the law...
My city decriminalized pot — why was I arrested?
Several municipalities in Pennsylvania have passed ordinances decriminalizing the possession of under an ounce of cannabis. Still, the police in these cities may arrest and charge you if they find you carrying even a small amount of marijuana. According to the York Daily Record, there were more marijuana charges in...
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...
What are common parole violations?
For those convicted of a crime, parole offers an abundance of opportunities. Unfortunately, if you violate parole, you can lose those opportunities. The following includes what you need to know about parole violations, according to the PA Board of Probation and Parole. CPV refers to criminal parole violators. To violate...
What to know about the field sobriety test
There is no way around it; alcohol is part of being a college student. You will invariably be around others who are drinking at one point or another on your college journey, whether or not you partake in it. While this can be a safe, enjoyable practice, it can take...
How much does a Pennsylvania DUI increase auto insurance rates?
Facing a Pennsylvania driving under the influence charge, and worried about how it might affect you if that charge winds up leading to a conviction? Ultimately, numerous factors, including whether you have ever had a DUI conviction in the past, are going to factor in when it is time for...
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...
Can you get a DUI for sleeping it off in your car?
There are several reasons you might fall asleep in your car after a night of drinking in Pennsylvania. You may realize before you start your car that you are too impaired to drive. You may begin to drive, realize you are intoxicated, and so pull over to sleep it off....
Preparing for employment after your drug conviction
When you have been convicted of a drug-related crime in Pennsylvania, your future may be uncertain as you learn how your actions will impact your effort to maintain relationships, build trust in others and qualify for a job. At Decker Bradburn Attorneys at Law, we see the good in everyone...
Holidays see an increase in drunk driving
The winter months are typically packed full of holidays and special events, not to mention several weeks of time off school for college students. The chance to see family and friends, combined with free time, makes this a highly anticipated time of year. However, it also has one of the...
DUI charges can be especially hard due to one’s reputation
When people are charged with DUI, they may be especially worried about the fallout of the case. Some drivers may not be very concerned about their reputation and how these charges will affect their life currently and in the future. For others, however, the repercussions can be incredibly overwhelming. For...
Understanding Pennsylvania’s self-defense laws
Many in State College may choose to view a claim of self-defense in response to criminal accusations with a certain degree of skepticism. This likely comes from the assumption that if someone does indeed engage in a violent act (or even a fatal act) that there must have been some...
What are the consequences of parole violations?
If you are a Pennsylvania resident convicted of a crime, you may serve a specific amount of time in prison and then return to society under the conditions of parole. While the exact nature of your parole may depend on the details of your case and conviction, there are several...
Is it a myth that eyewitness testimony is solid evidence?
If you have been accused of committing a crime in Pennsylvania and there is an eyewitness who claims to have seen you commit the crime, you may be in serious distress. While in the past law enforcement officials and prosecutors have heavily relied on eyewitnesses, the Association for Psychological Science...
What is intermediate punishment?
It is never easy to go into a courtroom and have a judge or jury decide your fate. However, you should be aware that going to jail is not the only possible outcome. There are alternative punishments that could allow you to maintain your freedom while also learning from your...
What have been the effects of consolidating the state police barracks?
Centre County recently underwent a consolidation of its state police barracks. According to the Centre Daily Times, two previous state police stations, one in Rockview and one in Philipsburg, became one station. The county now has only one state police location, which is in Benner Township. This change has brought...
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...
What should I know about ignition interlock devices?
One of the many potential consequences of being served a DUI in the state of Pennsylvania is the requirement of an ignition interlock device. According to the Pennsylvania Department of Transportation, individuals who are repeat DUI offenders, refuse chemical testing, or those who receive a first-time DUI with very high...
The downsides of requiring students to disclose criminal history
If you or your child is filling out college applications in Pennsylvania, you may notice there is a section asking about criminal history. This is fairly common these days. Schools want to know as much as possible about students, but having to disclose criminal history on your application may seem...
Financial challenges resulting from drug charges
When someone is charged with an offense that involves drugs, there are many different consequences they may lose sleep about. From time behind bars to an inability to continue their college education, these cases are very serious and can turn someone’s life upside down in many ways. In this post,...
Magic mushrooms still transport you to Pennsylvania prisons (2024 update)
Americans everywhere are wondering how psilocybin mushrooms legality may change across the country after Denver, Colorado became the first and only city in the United States to decriminalize the drug. But, here’s why it’s important to remember the consequences of using, growing, possessing, buying or selling these drugs in Pennsylvania....
Driving while hungover can be just as dangerous
Just about everyone has been there at some point: you spent the night partying at a friend’s place and decided to crash there. Now the sun is up, and you feel like you’ve been hit by a bus. You drink some water, maybe take some painkillers to dull your hangover,...
4 common college student offenses
If you’ve recently sent your son or daughter off to college, it’s important to advise they use their new-found freedoms responsibly. After all, college is meant to help them become more employable — not less. Remind your child to be caution of the law by staying aware of these common...
PA’s new ‘Clean Slate’ bill makes record sealing easier
We’ve written extensively on this blog about how mistakes that lead to an arrest or conviction can haunt a person for life. It can make it harder to find an apartment, get a job or enroll in college. That is why helping people who’ve served their sentences remain productive members...
Supreme Court: Police need a warrant to track cellphone locations
Citing “the seismic shifts in digital technology” since the last time it considered the issue, the U.S. Supreme Court has ruled that people have a reasonable expectation that their cellphone’s location data will be private. A reasonable expectation of privacy means that the Fourth Amendment’s prohibition against unreasonable searches and...
Running from the police just makes things worse in most cases
When a confidential police informant said that a certain State College man was selling drugs from his residence on Carnegie Drive, the police still had work to do to make their case against him. Tipsters and police informants don’t always provide accurate information and sometimes may be motivated by bias,...
Drug dealers can be charged with homicide in overdose cases
Although illicit drugs are dangerous, some college students nevertheless choose to experiment with them. Sometimes, this involves supplying friends with illegal drugs or prescription medications. Few of these young people anticipate that their friends may suffer a fatal overdose. But if this does happen, the dealer may have to cope...
Does your freedom from warrantless search extend to rental cars?
Unfortunately, far too many people in Pennsylvania and across the country are unaware of their right to deny police entry to their home or vehicle without a search warrant signed by a judge. Even if someone asks police to see a warrant, officers respond with questions like, “If you don’t...
Honesty may be nice, but exercise your right to remain silent
You were probably taught as a child that honesty is the best policy. A criminal defense attorney’s take might be that you should never lie to the police but you should always exercise your right to remain silent. Being forthcoming with officers about what laws you have broken might seem...
How do we know if breath testing machines are accurate?
When someone is arrested for DUI, one thing a defense attorney might look into is whether the breath test was accurate. These tests can be performed incorrectly, and the machines may be uncalibrated or calibrated improperly. Just as important, the machines are manufactured and marketed for profit, with source codes...
$50,000 bail in theft of $363? High cash bail keeps people in jail
Recently, a 61-year-old homeless man decided to scrounge what he could from what seems to have been a vacant, repossessed home in Mapleton. Although breaking into bank-owned properties is certainly inadvisable, it makes a certain sense in the man’s situation. After all, the bank will probably discard all the contents....
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...
Defense challenges investigatory bias in Beta Theta Pi case
A preliminary hearing was just held in the Penn State Beta Theta Pi fraternity hazing case. As you may know, a 19-year-old pledge died in 2017 after allegedly undergoing a hazing ritual in which he may have consumed as much as 18 drinks in slightly less than an hour and...
Philadelphia rapper Meek Mill ordered released on bail
In 2008, rapper Meek Mill (Robert Rihmeek Williams) was convicted of drug and weapon charges after a Philadelphia narcotics officer testified against him. Meek Mill has always denied the charges, and prosecutors now admit to serious doubts about that officer’s credibility. In fact, prosecutors recently argued before a judge that...
Prosecutors will file no charges in Prince’s fentanyl death
Just before the second anniversary of megastar Prince’s death, federal prosecutors have announced they will file no criminal charges in the case. Prince died at age 57 in April 2016, after overdosing on fentanyl-laced pain pills. He was found unresponsive at his studio compound Paisley Park in Minnesota. Authorities found...
Skip the toll on the PA Turnpike? You could face felony charges
Both ordinary and commercial drivers do it. Based on information collected last summer, more than 10,000 drivers have gotten into the habit of dodging the tolls on the Pennsylvania Turnpike. Each of those 10,000 drivers owes $500 or more in unpaid Pennsylvania Turnpike tolls and fees. The worst 100 offenders...
Medical marijuana program may expand in Pennsylvania
Patients and advocates celebrated earlier this year when Pennsylvania’s first medical marijuana dispensaries finally opened after legislation creating the program passed in 2016. The creation of the program has been a step in the right direction for people whose serious illnesses leave them dealing with unbearable pain and other side...
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...
Local cocaine distribution case pits son against mother
One of the most troubling parts of the War on Drugs is the way that it can divide families. In a recent case in Clearfield, an alleged member of a Houtzdale cocaine distribution ring received a lighter sentence because he has been cooperating in the prosecution of his mother. The...
Prison visitors, inmates charged with smuggling Suboxone
Suboxone, generically known as buprenorphine and naloxone, is commonly prescribed to treat opioid addiction. Unfortunately, prison-based opioid addiction treatment often doesn’t provide the drug or the relief it offers to suffering addicts. It seems, however, that several people at the Rockview State Correctional Institution may have tried to make it...
Man charged with felonies after finagling insurance for crash
If you’ve ever driven without proper insurance, you know there’s always a risk. If you get into an accident, you’re going to get caught breaking the law. If you were at fault, you could also get stuck with the cost of repairing your own vehicle and the other person’s vehicle...
Arrests and citations up, total crime down on State Patty’s Day
According to the chief of the State College Police, a great deal of money has been devoted to stopping State Patty’s Day, but to no avail. “This event is still a major problem and unwelcomed in our community,” he said. “The State College Borough and Penn State University will continue...
Probation-violation DUI gets State College doc in bigger trouble
No matter what the underlying reason, being charged with a new offense while on probation only adds to the trouble. A 58-year-old State College podiatrist was just deemed a danger to the public after violating her Clearfield County probation by driving drunk in Centre County. The podiatrist was on probation...
PA court: ‘Good Samaritan’ overdose law protects self-reporters
One of the ways that state authorities here in Pennsylvania have tried to make it easier to save the lives of people who are overdosing on drugs like heroin or fentanyl is through the state’s “Good Samaritan Law.” This blog has previously written about the statute, which provides immunity from...
Very drunk man allegedly kicks Penn State officer in the face
A 21 year-old New Jersey man was arrested recently on West College Avenue after he was reported staggering and stumbling while cars whizzed past, just a few feet away. When Penn State police confronted him, he reportedly told them he was “of alcohol” when he meant to say he was...
Philly man charged with possessing gun that may not have been his
Patton Township police arrested a 23-year old Philadelphia man recently after a disorderly conduct call. According to police, a man had pointed a handgun at another man and took some cash from his wallet. The police settled on the Philadelphia man as the suspect. If the Philadelphia man was involved,...
Road rage by passenger sends woman to hospital, man to jail
Often enough, criminal acts are the result of unmanaged anger. We’ve all heard of road rage, where an angry driver overreacts to a stranger’s irritating driving habits. Sometimes the events escalate to the point where the two drivers pull off the road and argue, or even fight. Afterwards, it can...
How long should a defendant be held if they can’t afford bail?
A 25-year-old State College woman is seeking a bail modification because procedures in her case have become complex and time-consuming. The woman, who was charged in connection with a drug-overdose death last year, was originally given straight bail of $150,000, which she could not afford. Now, her case may be...
Could lower drug charges reduce the racial sentencing disparity?
Across the U.S., minorities face apparently race-based disparities in every part of the criminal justice system. They tend to be contacted by police, arrested, charged, and convicted at higher rates than whites despite being no more likely to commit crimes than their white peers. They are also incarcerated more often...
PSU student charged with burglary: Is that necessary?
A recent arrest of a Penn State student should give many parents and students pause about how law enforcement can choose to throw someone’s future into doubt through their charging decisions. According to multiple news reports, a 19-year-old male PSU student was arrested recently for allegedly stealing approximately $300 from...
PA physician assistant accused of writing bogus prescriptions
A Philipsburg physician assistant has been arrested for allegedly writing prescriptions in the wrong name or for people who weren’t patients of her clinic and under other illegal circumstances. She and another person were arrested. Interestingly, the Drug Enforcement Administration investigated for a full year after receiving a complaint about...
Government report urges reducing DUI threshold to 0.05 percent
The National Highway Traffic Safety Administration wanted to know what strategies for reducing drunk driving have been proven effective, so it commissioned a report from a panel of the National Academies of Sciences, Engineering and Medicine. That report is in. Although the panel recommended a mix of evidence-based approaches, its...
Pennsylvania governor declares opioids a public health emergency
With fatal drug overdoses continuing to mount by the thousands, Pennsylvania Gov. Tom Wolf declared the ongoing addiction and opioids crisis a public health emergency, setting up a framework to allow the state to respond to the crisis like it would a natural disaster. The emergency declaration allows for more...
Pi Delta Psi banned from Pennsylvania after Baruch College death
In December 2013, a student pledging for Pi Delta Psi at Baruch College died after enduring violent hazing by members of the fraternity. On a cold, early morning in the Poconos, he was blindfolded, made to wear a backpack weighted with sand, and was tackled and roughed up until he...
Could Sessions’ crackdown on legal marijuana hurt Pennsylvanians?
Pennsylvania’s medical marijuana system may be in its infancy, but it relies on the good will of the Department of Justice. That’s because cannabis remains illegal under federal law. Under the Obama administration, the Justice Department took a hands-off approach toward legalized medical and recreational cannabis. In 2013, then Attorney...
Shooting prompts debate over man’s self-defense rights
Pennsylvania has a strong culture of responsible gun ownership. Throughout the state, people use their Second Amendment rights to use firearms to hunt, target shoot and protect their loved ones and property. It is that last item, however, that can court controversy. A trial unfolding in Lehigh County is a...
Man given life without parole as juvenile to be resentenced
In 1987, when Timothy H. of Philipsburg was 15, he ran away from a juvenile detention center. On Christmas Eve of that year, he allegedly shot a man to death. The following June, he was convicted and sentenced to life in prison without the possibility of parole. He could now...
Man spends 5 months in PA prison, falsely accused of DUI
In 2014, the Pennsylvania State Police falsely accused a New York man of drunk driving. The man spent 158 days in the Lehigh County Prison, despite being completely innocent. How did this miscarriage of justice occur? First, his bail was set at a level he could not afford. Second, a...
Penn. high court: Pulling over to side of road is not suspicious
If you pull over to the shoulder of the interstate, is that automatically suspicious? The Pennsylvania Supreme Court recently ruled that it is not. Moreover, the court threw out a drunk driving conviction based on the officer believing it was. The incident occurred on a late evening in June 2013....
Should the police need a warrant to track your cell’s location?
On Wednesday, the U.S. Supreme Court heard arguments about whether police should be required to get a warrant before accessing location records for a suspect’s cellphone. Law enforcement has been gaining access to these records by getting an ordinary court order, which requires a lower standard of evidence than a...
Report: State College the ‘drunkest’ city in Pennsylvania
As a college town, it is not surprising to many people that State College, Pennsylvania, contains its fair share of people who like to party hard. However, a recent report shows just how much more State College residents like to party than the average Pennsylvanian. According to an analysis of...
Buffalo Twp couple arrested when hibiscus mistaken as marijuana
Their insurance agent came to their house to investigate a fallen tree. It seems that agent took it upon himself to perform a more serious investigation. After noticing some unusual plants in the backyard of his clients’ Buffalo Township home, he sent pictures to the police. Rather than sending an...
Woman wins a gun, paperwork error gets her charged with a felony
A 46-year old Tyrone woman probably thought she had gotten lucky when she won a drawing for a gun. She had entered the raffle at a Rush Township business, and the prize was a Remington 597 .22 caliber long rifle. She went to pick up the gun in January of...
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...
Pennsylvania government highlighting the ‘Pathway to Pardons’
When people think of pardons, they often think about the president or a governor pardoning someone facing the death penalty or some other serious offense. People don’t often think about the millions of people out there – in Pennsylvania and across the country – who spend every day dealing with...
2 more Penn State fraternities suspended due to alcohol violations
University officials announced over the weekend that two more fraternities will be suspended. That brings the total to six fraternities suspended this year. The university suspended three others in 2015. The main complaint against both Delta Upsilon and Pi Lambda Phi are that they served alcohol at events where underage...
Does the government have access to your emails?
If you’ve ever wondered whether the U.S. Department of Justice has asked Microsoft or Google for your emails, you’re probably still wondering. That’s because the DOJ often issues gag orders that prevent your email service from letting you know you’re under investigation. Those gag orders, which prevent companies from talking...
Enjoy ‘Halloweekend,’ but be aware of the risks
One of Penn State’s rowdiest weekends is fast approaching. Known as “Halloweekend,” PSU students let loose for several days surrounding the holiday, packing bars and apartments for hours and hours of partying. It would be silly to think that everyone drinking cheap beer and mixed drinks over this weekend will...
Alpha Chi Rho charged with furnishing alcohol to 2 underage women
After the hazing-related death of a 19-year-old Beta Theta Pi pledge in February, Penn State outlined certain changes it expected to see in fraternity life. One of those changes was stricter enforcement of underage drinking laws. “Failure by the Greek-letter organizations to effectively prevent underage consumption and excessive drinking in...
Ten students arrested after fraternity pledge’s death
Binge drinking on college campuses is still a problem, especially in the context of fraternity hazing rituals that involve excessive drinking as “punishments” for pledges. Not only can these result in injuries, some college students can lose their lives. Recently ten students from Louisiana State University were arrested on misdemeanor...
Study: Hiring a DUI lawyer can literally pay for itself
If you’ve been arrested for DUI, a lot of questions may be running through your mind. It’s just a misdemeanor — is it worth defending myself? Will a lawyer really get me a better result than just pleading guilty? Can I even afford a lawyer? You should absolutely defend yourself...
Should people lose their driver’s licenses for unpaid court debt?
According to the Legal Aid Justice Center, 43 states and the District of Columbia have policies allowing or requiring courts to suspend the driver’s licenses of people who fail to pay fines. In all but four states, this can be done with no consideration of whether the person has willfully...
The steps a field sobriety test consists of
When drivers in Pennsylvania and other states are pulled over by a police officer, it is likely they are in a slight panic mode. No motorist likes to get pulled over, and no motorist ever enjoys getting a ticket following a stop. What about stops that involve more than just...
Why you need to remember your right to remain silent
A run-in with the police is almost never a pleasant experience. Whether you are the one being arrested, or police just want to ask you a few questions, speaking with police can make most people nervous. This is especially true for young adults like Penn State students, many of whom...
Young man denies search consent; now facing drug, weapon charges
An 18-year-old man from Bellefonte was arrested recently after police allegedly discovered drugs, drug paraphernalia and a prohibited weapon in his possession. On Sept. 12, Pennsylvania State Police were called to a Bellefonte address after a report of an argument. A trooper met with the individual reported to be involved,...
Bank manager’s concern over check results in local man’s arrest
In the digital age, you might have wondered whether anyone in the banking industry is paying attention to small cues that something just isn’t right with a check. In the old days, the signature might be matched to a sample before funds were released. In today’s world, it’s easy to...
Judge dismisses most serious charges in PSU frat hazing death
People were shocked earlier this month when a Centre County judge dismissed nearly all of the charges pertaining to the death of a Beta Theta Pi fraternity pledge at Penn State University. In all, 18 fraternity members faced criminal charges ranging from involuntary manslaughter to tampering in the death of...
2 men charged with selling fake Pennsylvania driver’s licenses
Two men, one a Pennsylvania Department of Transportation employee, are facing federal charges after selling driver’s licenses based on false identity documents. The DOT employee worked as a driver’s license examiner and the second man acted as a middleman between clients and the license examiner. A 28-page indictment was recently...
Sessions wants a culture that’s ‘hostile’ to drug use
Calling the opioid epidemic the deadliest such crisis in American history, U.S. Attorney General Jeff Sessions called upon social workers and law enforcement this week to “create and foster a culture that’s hostile to drug use.” He was speaking to the annual conference of the National Alliance for Drug Endangered...
Appeals court: Phone search warrant must seek specific evidence
When police ask a judge for a search warrant, they are required to explain why they have probable cause to search the person or location in question. The Constitution requires it. To justify a search of someone’s residence, for example, it’s not enough that the defendant is suspected of a...
Overdose deaths among young adults rise after declining for years
The Centers for Disease Control and Prevention released a troubling report on Wednesday. After years of steady decline, fatal overdoses among Americans aged 15 to 19 rose in 2015 over the previous year. Unfortunately, it’s not clear what caused the change. Since around 2008, overdoses have been much less common...
DOJ forensic science group to set standards for testimony
In 2015, the Department of Justice initiated an effort to review federal standards for forensic evidence and testimony. The move was in response to FBI revelations that its microscopic hair analysis unit had overstated the scientific certainty of their evidence in over 90 percent of cases the agency reviewed. The...
A new school year begins at PSU: Keep your record clean
The fall semester is only a few weeks away at Penn State University, along with Penn Tech, Bucknell and Lock Haven. Soon, thousands and thousands of college freshmen will flood the area, anxious to experience their first brush with independence from their parents. For some, the adjustment is a smooth...
Penn. drug-crisis vigilante pleads guilty to gun charges in NJ
After his daughter’s overdose death, a 52-year-old gun range owner from the Lehigh Valley dedicated his life to intervening when young people become involved with drugs and the collateral dangers associated with them. He’s not performing your standard drug interventions, though. Instead, he stands ready — and armed — to...
DOJ appears poised to crack down on marijuana possession
Is ordinary, adult use of marijuana a precursor to violent crime? Whether you think it is or not, ask yourself if putting recreational weed smokers behind bars is likely to be an effective strategy at combating violent crime. U.S. Attorney General Jeff Sessions apparently thinks it would be, and it...
Thwarting reform efforts, Sessions increases civil forfeiture
In a move former attorney general Eric Holder called “another extremist action,” Attorney General Jeff Sessions announced on Monday that he plans to retrench an old policy on civil forfeiture. In a speech before the National Association of District Attorneys, Sessions urged prosecutors to “develop policies to increase forfeitures” because...
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...
Preliminary hearing continues in Penn State fraternity death case
Penn State’s Beta Theta Pi fraternity and 16 members are challenging the case against them in a preliminary hearing on the February hazing death of a pledge. According to a police detective testifying at the hearing, the 19-year-old pledge drank a dangerous amount of alcohol before falling down a set...
Understanding Pennsylvania’s ‘Good Samaritan’ law for overdoses
The opioid and heroin overdose crisis continues to destroy lives in central Pennsylvania and across the commonwealth. Some local law enforcement agencies are attempting to take steps to help people struggling with an addiction to heroin, fentanyl or prescription painkillers. However, many people remain in the shadows, fearful of a...
Pregnant woman overdoses, gets charged with assault on child
A 30-year-old East Butler woman has been charged with aggravated assault on an unborn child after overdosing on heroin while seven months pregnant. The baby was born a day after the overdose and is now on life support with “lasting injuries,” according to police. The woman had been in jail...
Pennsylvania assault: What exactly is that?
I never even touched him, so I know I didn’t commit assault. Are you sure about that? “Assault” is one of those criminal law terms — admittedly, there are others, as well — that can be a bit elusive and even downright slippery when it comes to the question of...
Appeals Court: No lifetime supervised release for drug traffickers
In July 2010, the U.S. Sentencing Commission issued a report on the federal supervised release program, which is similar to parole. The main purpose of the program, the report said, is “to facilitate the reintegration of federal prisoners back into the community.” In other words, supervised release is not meant...
Undermining justice and logic: judge on mandatory minimums
“[O]ppressively harsh, even draconian” is the way we termed in a recent blog post many criminal sentencing outcomes dependent on so-called “mandatory minimum” guidelines. Those rules — which can materially limit a court’s discretion in select cases — often yield, as we note in our May 22 post, “lengthy lockups...
Instructive tale? Tiger Woods gets a bit of adverse press
Doesn’t it sometimes seem to be the case that top-tier celebrities seem to be akin to fantasy figures, with tabloid-laden lives that resemble narratives grounded in fiction rather than reality? You can take your pick of high-profile figures to test that point. Tiger Woods would seem to serve well enough...
Don’t downplay a seemingly minor traffic or criminal offense
Sure, most young people duly appreciate — and quickly — the need to promptly secure effective legal counsel when they are targeted by law enforcers who allege their involvement in a serious criminal matter. That same level of awareness and dispatch is often far less on display, though, concerning a...
Don’t ruin summer fun with a drunken boating arrest
Summer is officially here. Most PSU students and local kids are enjoying their summer vacations. Parents and young adults also like to take advantage of the beautiful weather and long daylight hours to soak up the sun and spend time with friends. Raystown Lake and Foster Joseph Sayers Lake are...
Recent development in criminal sentencing policy
One thing that is likely not on the minds of many young people — students and otherwise — in the State College area and across Pennsylvania when they have some peripheral involvement with drugs at an arguably low level (for example, possession or sale of a small amount of marijuana)...
How do grand juries work in Pennsylvania?
The filing of charges against several members of Penn State’s Beta Theta Pi fraternity earlier this month again highlighted the role that grand juries often play in the criminal justice system. Shrouded in secrecy, most people do not understand what a grand jury does or how proceedings work until they...
PSU fatal hazing case takes material step forward
It likely came as little surprise late last week to members of the student body and other individuals intimately involved with PSU that somber developments surfaced regarding the hazing-related death of a would-be fraternity brother during a so-called “bid acceptance night” this past February. The pledge — a PSU sophomore...
Image exploitation laws: something young people need to know
College-aged individuals on any campus — whether at PSU or elsewhere in Pennsylvania or another state – collectively comprise an eclectic bunch. Indeed, it is the diversity and sheer dynamic linked with that demographic that makes the university environment so filled with potential and opportunities for learning. As different as...
Minors are not adults: just sentencing should reflect that
A recent media article discussing juvenile criminal offenders makes reasonable arguments as to why herding youthful law breakers together with older inmates convicted of crimes in adult correctional facilities is seldom, if ever, a good idea on any level. First of all, there is that troubling element of recidivism to...
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 —...
Don’t drink and bike in Pennsylvania
Yes, you read that correctly. Here in the commonwealth of Pennsylvania, police can stop you for DUI while on a bike, and the penalties can be just as severe as if you were driving a car. Many students at Penn State, Lock Haven University and Bucknell University may think they...
Broadly relevant DUI tale: fraudulent validation of breathalyzers
Unquestionably, law enforcement agencies in Pennsylvania and nationally have a plethora of resources — coupled with obviously impressive state police powers — at their disposal when they’re literally on the prowl for drivers they might reasonably be able to pull over for allegedly driving under the influence of alcohol. The...
Theft offenses can bring surprisingly heavy penalties
Although the term “theft” can be broadly construed as an umbrella-type depiction embracing a number of unlawful acts, it generally conveys a situation where an individual has taken property from another person or company without consent and intends to personally profit from that taking. In some instances, a theft —...
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”...
Arrests: An annual byproduct of State Patty’s Day
The now relatively long-tenured period of mass revelry that marks the annual State Patty’s weekend (since 2007) for students, other local State College residents and an increasingly growing number of participants incoming from other parts of Pennsylvania and adjoining states was its usual eventful self this year. That is, people...
Centre County officials excited about drug court prospects
Various counties across Pennsylvania have so-called “drug courts” in place, which operate as criminal justice tools lauded by many for their creativity and fresh approach toward reducing recidivism, cutting costs and helping to reintegrate offenders into their local communities. Centre County is not one of them. At least not yet....
Asset forfeiture and the rights of the state to take your property
As more lawmakers and activists talk about reforms to the criminal justice system, one of the topics that always comes up is asset forfeiture. This little understood concept is one of the most powerful tools that the federal government and Pennsylvania have at their disposal; it is also a power...
Key elements of proven drug defense representation
No tried-and-tested criminal defense attorney in Pennsylvania or any other state would in good faith ever promise a complete dismissal of all charges in a drug crimes case. That would be unprofessional and potentially misleading. The dropping off all charges is not possible in every case. Having said that, though,...
Former Penn State All-American to face assault charges
Football fans in State College were treated to an amazing season from the Penn State squad – a season that ultimately ended in a heartbreaking defeat to USC in the Rose Bowl. But, nonetheless, it was a season that almost saw Penn State among the final four teams to advance...
Fighting for a second chance: when probation or parole is revoked
Many people are understandably relieved upon knowing that they do not have to serve the maximum sentence applicable to an original criminal offense, provided that they satisfy the terms and conditions of probation or parole. For many such individuals, the foremost thought in their mind is logically upon their freedom,...
Taking the right approach to your criminal defense strategy
No Pennsylvania resident wants to be arrested and charged with a crime. But, the reality is that this happens every day. People in Pennsylvania can face misdemeanor charges, like driving while intoxicated or drug possession charges, or they can face more serious felony charges, such as battery charges, burglary charges...
PSU student demographic: young, hopeful, vulnerable
If you perchance happen to be a PSU student, you’re undoubtedly a unique individual possessed of curiosity, a passion for learning and excitement for the future. Candidly, many older adults envy you for those traits and deeply respect your drive and aspirations (with your parents, of course, thinking about such...
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...
Understanding summary violations in Pennsylvania
In addition to misdemeanor and felony charges, Pennsylvania also has a category of offenses known as “summary offenses.” These are less serious criminal offenses. However, a conviction could still mean spending up to 90 days in jail and paying a $300 fine. For college students, having to miss a significant...
Keeping it Super this Sunday: some alcohol-related considerations
Given that college students and similarly aged peers comprise an energetic and alert demographic, most of them readily note the big event going on this weekend. And it’s not at the library. In fact, it’s what has come to be regarded as America’s biggest annual party (with all due respect...
What should Pennsylvanians know about plea negotiations?
Arrests occur every day in Pennsylvania. But, not every arrest results in a conviction. Some arrestees are able to successfully challenge the legality of their arrest, while others may be truly innocent of the crimes charged. However, many arrests will leave the defendants looking at all options, and in many...
Understanding Pennsylvania’s assault laws
Students getting back into the swing of things for the spring semester at Penn State also means plenty of late nights spent partying at campus bars. For some students, excessive alcohol consumption also means a loss of good judgment. If someone looks at you the wrong way, bumps in to...
I have a clean record. What can I do to keep it that way?
Everyone makes mistakes. For some college students, however, a mistake or an attempt at “harmless fun” could have serious effects on your future. Just one misdemeanor criminal conviction or arrest tied to your name could make it hard to find a job once you graduate. It could mean being unable...
When celebrating big wins can turn into criminal charges
Every year, there are news reports across the country of overzealous college students taking to the streets to celebrate a big win by their school in football or basketball. It was no different recently at Penn State, when the Nittany Lions won the Big 10 football championship game. While campus...
Is a change in Pennsylvania’s heroin policy in the works?
The election featured a great deal of discussion about how to help communities in areas like central Pennsylvania, which are struggling with heroin and prescription painkiller addiction and overdoses. Individuals and families in towns like State College are crying out for a better response to the epidemic from law enforcement...
What will happen if you refuse a breath test in Pennsylvania?
Law enforcement agencies throughout the country place a strong emphasis on curtailing drunk driving. It is no different in Pennsylvania. Anyone who gets behind the wheel of a vehicle after consuming alcohol is making a dangerous choice, both from the perspective of a potential arrest and from the perspective of...
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...
Crafting a criminal defense to drunk driving charges
Drunk driving is one of the most common criminal charges in the United States. Each year hundreds of thousands of people are charged with drunk driving throughout the country. But, that doesn’t mean that every case of an arrest for drunk driving will result in a conviction. There are many...
The potential for additional penalties in a probation violation
There are millions of Americans who are currently under court supervision through a probation department due to a criminal conviction. Probation supervision allows those who have been convicted of a crime to, in essence, serve the sentence for that crime while remaining in the community. Criminal justice policy makers have...
Pennsylvania does not treat marijuana as “harmless fun”
As a college student, you have already encountered many new life experiences, and there are more to come. That also means there will be some mistakes. Most people accept that college students should have the freedom to make mistakes and learn from them. Unfortunately, the law in Pennsylvania still regards...
Problem solving courts for those facing a criminal charge
When Pennsylvania residents find themselves in the unfortunate situation of facing criminal charges, they may feel like they will be treated like just another arrestee to be processed. At a time when most people would likely feel a bit depressed and would likely be wondering what to do next with...
Who administers the probation and parole system?
Many students and others in State College have probably heard a little about how probation and parole works if one is in the system after conviction for a crime. Most know that the system is administered by probation officers and parole officers. But many in Happy Valley may not know...
This Halloween, don’t let a drug arrest be on scare list
Fall marks the end of summer and is somewhat sad in that sense. On the other hand, this point in October is when ideas run through the heads of adults and children about what they will be for Halloween. Maybe you plan to dress up in costume. If you are...
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...
Everything new students need to know about underage drinking
School is back in session, and fall semesters come with the promise of exciting events, new adventures and a slew of parties. It’s important to make the most of the college experience and live well, but it is also important to stay safe. Many events will come with an opportunity...