Year: 2021
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...