Year: 2017
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...