Blog Posts - Criminal law
What is Drug Diversion, and Can it Help Me Avoid a Conviction in Franklin County?
There are many ways to avoid criminal consequences for drug offenses in Franklin County. Perhaps the most obvious route is to fight your charges with compelling evidence – or point to the lack of evidence presented by prosecutors. However, other strategies may be more appropriate, including drug diversion programs. How...
What Makes a Crime Federal in Dauphin County?
Federal crimes are almost more serious than state offenses, and you may need to take your defense very seriously if you face a federal charge in Dauphin County. But what exactly makes prosecutors “elevate” a state crime to a federal crime? This is a common question for many defendants in...
What are the Most Common Crimes Committed in Adams County?
Some criminal offenses are more common than others. Defendants charged with certain crimes may be curious to know how common these offenses are. Rest assured that even if you have been accused of an extremely obscure offense in Pennsylvania, someone in the past has faced the exact same situation. Although...
Can a drug conviction be erased in Pennsylvania?
A drug conviction can seriously affect someone’s life, like making it harder to get a job, find housing, or get other opportunities. Thankfully, in Pennsylvania, certain situations allow someone to erase a drug conviction from their record. Who can erase their record? Not everyone can erase their drug conviction in...
What defenses work for corporate embezzlement accusations?
Embezzlement charges can severely impact a person’s career and reputation. However, there are several legal defenses that can help protect individuals facing such allegations in a corporate setting. Lack of intent Embezzlement requires the intent to misappropriate funds or property. A defense can argue that the accused lacked the intent...
Legal consequences of heroin possession
If you possess heroin in Pennsylvania, you could face serious legal consequences. Pennsylvania law categorizes heroin possession as a criminal offense due to its potential for abuse and its risk to public health. The severity of penalties can vary based on the amount of the drug and any prior offenses....
Should you seek drug court as a sentence for a drug conviction?
In Pennsylvania, facing a drug conviction can be daunting. One option that might be available is drug court. Drug court offers a path focused on rehabilitation rather than punishment. Understanding the benefits and structure of drug court can help you make an informed decision. What do drug court programs do?...
When do assault charges escalate to a felony?
In Pennsylvania, assault charges can vary from misdemeanors to felonies, depending on how serious the incident was and the specific details involved. Knowing the difference between these levels of charges can help explain the possible legal consequences of an assault accusation. What is simple assault? Simple assault typically qualifies as...
When can the police charge you with federal stalking charges?
Stalking includes repeated harassment, threats, or intimidation that causes fear or emotional distress. And while Pennsylvania has its own state stalking laws, stalking can also be a federal crime. Understanding what triggers federal charges can help clarify the legal boundaries. Crossing state lines Stalking becomes a federal offense when the...
Common types of fraud charges
Fraud charges in Pennsylvania can come in many forms. If you are facing such charges, it is essential to understand the different types and how to defend against them. Wire fraud Wire fraud is a serious federal offense that occurs when an individual uses interstate wires to deceive someone into...
How the expungement process works in Pennsylvania
The expungement process in Pennsylvania offers those with criminal records a chance to have certain offenses removed or sealed from public view. Expungement can be a valuable legal remedy for those seeking to move forward from past mistakes and reintegrate into society. However, navigating the expungement process can be complex....
When does a drug charge escalate to the federal level?
Drug charges are serious legal matters, with consequences that vary depending on the jurisdiction in which they occur. While many drug-related offenses are state-level charges, some cases can escalate to the federal level. A federal drug conviction leads to potentially harsher penalties. Understanding when a drug charge may reach the...
4 potential embezzlement defenses
Embezzlement charges can be an overwhelming legal matter, but the right defense can make a significant impact. It is important to note that each case is unique, and the effectiveness of defenses may vary based on the specific circumstances. 1. Lack of intent One possible defense is to argue that...
Should you request the body cam footage from your arrest?
The growing prevalence of police body cameras has sparked debate about transparency and accountability within law enforcement. In Pennsylvania, where legislators enacted laws regarding the use of body cameras in 2017, individuals have the right to request footage captured during interactions with the police. But should you always exercise this...
5 pitfalls of a plea bargain to consider
Facing criminal charges can be a daunting experience, leading many individuals to consider plea bargains as a way to resolve their legal predicaments. While plea bargains may seem like a quick solution, it is important to carefully weigh the potential drawbacks before making such a decision. 1. Unintended consequences on...
5 FAQ of federal cybercrime charges
Being charged with a federal cybercrime can be a daunting experience. The legal landscape surrounding cyber offenses is complex, and individuals facing such charges often have many questions. 1. What are common types of cybercrime? Common federal cybercrimes include computer intrusion, identity theft, online fraud, and the distribution of malicious...
4 ways a prescription drug charge can turn into a felony
The severity of a prescription drug charge can escalate from a misdemeanor to a felony based on several factors. It is important to comprehend the circumstances that can lead to the elevation of charges, which could significantly impact an individual’s life. 1. Possession of prescription drugs The law distinguishes between...
Exercising your right to remain silent
It is important to be aware of your rights when facing criminal allegations. Exercising your rights when questioned by law enforcement can make a difference in your case. One of your most valuable rights in any legal situation is the right to remain silent. Know your rights The Fifth Amendment...
Accelerated Rehabilitative Disposition in PA
Pennsylvania designed the Accelerated Rehabilitative Disposition program, to provide eligible individuals with an opportunity to address their first-time non-violent offenses. This program aims to promote rehabilitation and reduce the burden on the criminal justice system. Eligibility criteria The estimated cost of ARD, excluding attorney’s fees is $2,500 but can be...
Can the police lie to you when they are interrogating you?
In the realm of crime and justice, the interrogation room serves as a pivotal setting where truths unfold and narratives take shape. When you find yourself facing questioning by the police, the atmosphere can be tense. In such situations, you might wonder about the tactics police can use to get...
Certain fraud charges may classify as felonies in Pennsylvania
Pennsylvania’s statutes provide a grading system to classify an offense as a misdemeanor or felony. As noted on the Pennsylvania General Assembly website, when pursuing fraud allegations, prosecutors review the value of goods or services defendants allegedly received. Access device fraud, for example, involves the unauthorized use of a mobile...
Could Adult Treatment Court keep you out of jail or prison?
Many people currently incarcerated in Pennsylvania are behind bars because they have substance dependencies that made them behave in ways they otherwise might not. If you count yourself among those facing drug-related charges you likely would not face, had it not been for your substance dependency, you may have legitimate...
Commonly misunderstood facts about drug and alcohol violations
Misinformation can get people into trouble. However, misconceptions are very prevalent when it comes to drug and alcohol violations and their causes. The danger of these misconceptions ranges from harmless to life-threatening. To avoid life-threatening situations, know the truth about the cause of drug and alcohol violations. Addicts can quit...
Impact of a Pennsylvania protection from abuse order
In Pennsylvania, a protection from abuse order, also known as a PFA, is a court order designed to protect people experiencing domestic violence. A PFA can prohibit the defendant from having any contact with the plaintiff, including in person, through others, over the phone or online. If someone has a...
What to do if police pull you over for a DUI
If you are like most people, the minute you see those flashing lights or hear a police siren, your blood pressure goes up, your palms begin to sweat and you start thinking about what you could have done to deserve getting pulled over. Police encounters can be unnerving. However, there...
Understanding embezzlement in Pennsylvania
Embezzlement is a serious crime in Pennsylvania and the courts consider it a form of theft. It occurs when a person entrusted with someone else’s property or funds intentionally misappropriates them for their own personal use. This article will explore the definition of embezzlement and its consequences in Pennsylvania. Definition...
Strategies to challenge a witness’ credibility
When a witness’ testimony plays a big role in the state’s case against a defendant, challenging that testimony could have a big impact on the outcome. Here are some examples of how experienced defense attorneys may be able to successfully counter testimonial evidence in criminal proceedings. Changes in a witness’...
What are the consequences of drugged driving in Pennsylvania?
Drunk driving is often a top concern for municipalities and motorists alike. However, drugged driving can also impair someone operating a vehicle. Any amount of a controlled substance in a person’s system could open the individual to drugged driving charges. The penalties are comparable to a DUI from alcohol. Drugged...
Keeping a job during a criminal trial
A criminal arrest and the resulting procedure are major, life-changing events. However, time does not stand still. People still need to make money. They still need to provide for themselves or their families. What happens during an arrest? A criminal arrest could stop someone from going to work temporarily. This...
Can you receive a drug possession charge as a vehicle passenger?
When a friend offers you a ride, you might feel that you have no reason to refuse their generous offer. Even if you know that your friend might have illegal substances in their car, you may think that it will not affect you because the drugs clearly are not yours....
What happens when you are charged with a crime in Pennsylvania
Having a working sense of what happens when the state accuses you of a crime could bring some peace of mind during this chaotic life event. A few of the details differ from common knowledge. 1. Police notified The City of Harrisburg has launched an online crime reporting option. This...
How does money laundering work?
Money laundering is a white-collar crime that involves moving cash around to hide its origin. FATF explains dirty money that comes from crime cannot go immediately into circulation from the hands of the criminals because it is too easy to trace. For this reason, any attempt to hide or transfer...
An overview of the drug court program
With drug-related offenses, people generally face penalties including fines and jail time. For those struggling with substance abuse, however, consequences such as these do not always help prevent recidivism. The Pennsylvania drug court program combines criminal consequences with treatment to help people move past their addictions. Program eligibility Not everyone...
When do authorities have the right to search your car?
A Pennsylvania traffic stop may have you feeling uneasy or anxious, and you may feel even more so if the law enforcement officer who pulls you over wants to take a look through your car. Knowing when you do and do not have the right to refuse an officer’s search...
Is Accelerated Rehabilitative Disposition an option after DUI?
When you receive a charge of driving under the influence in Cumberland County, Pennsylvania, you may find that your life changes quite a bit if that charge leads to a drunk driving conviction. A DUI conviction has the potential to upend many different aspects of your life. Yet, in some...
What are possible problems with drug evidence?
You might fear that there is no way to defend yourself in court if police take substances from you that appear to be illegal drugs. Sometimes, though, evidence in a drug case does not prove the charges, or the evidence might lack the credibility to support the prosecution’s arguments. FindLaw...
What happens when you are charged with a crime in Pennsylvania?
If you face criminal charges for the first time, you may feel overwhelmed and scared of what is to come. Here is information to help you understand the process you will likely go through in Pennsylvania. Arrest Unless law enforcement arrests you on-site for a crime you just committed, you...
What is wire fraud?
Though mail fraud once dominated fraud cases in the United States, matters have shifted somewhat in recent years. These days, more people tend to commit wire fraud instead. But what is wire fraud, exactly? Does it differ from mail fraud in any significant way? And how does the law treat...
The Three Levels of DUIs in Pennsylvania
Since 2004, Pennsylvania courts punish drivers convicted of a DUI according to the severity of the intoxication as measured by BAC. The presence of past offenses also will impact sentencing guidelines. This tiered approach to DUI enforcement and treatment includes several provisions that allow for higher penalties depending upon exacerbating...
Do you have to take a BAC test?
When an officer pulls you over on suspicion of intoxicated driving, they will likely ask for you to take a blood alcohol content (BAC) measurement test. Breath analysis tests are among the most common, and the most likely you will face right away. These tests may still feel invasive, though,...
What is the punishment for drug possession in Pennsylvania?
Pennsylvania law prohibits the possession of designated substances. If you get cited for drug possession, your punishment depends on various factors. The law distinguishes punishment for felony possession instead of just having an illegal substance on your person. Other factors include if you have previously gotten convicted of an offense...
Is it in your rights to refuse a breath analysis test?
When an officer requests that you take a breath analysis test, it is actually a request? Though you may feel like you have room to refuse, do you? In actuality, the matter is often more complicated than you may initially think. In order to understand where your rights lie, it...
How a DUI can affect commercial drivers
If you transport cumbersome or hazardous items for a living, you likely know the importance of a commercial driver’s license (CDL). Without this document, you cannot do your job without risking heavy fines or even jail time. One of the most common threats to a CDL is the driving under...
How do you commit tax fraud accidentally?
You always take your time on your taxes and double-check your figures. Authorities accused you of tax fraud recently. Do the charges stem from a misunderstanding? Yahoo! explores accidental tax fraud and how it happens. Find out where you erred, so you know how to proceed with your criminal case....
Recent state efforts to combat doctor shopping
Thanks to prescription drugs, many people can fight off or at least manage the symptoms of an illness or some other health condition. However, Pennsylvania has been experiencing the problem of drug abuse, particularly of opioids. Some people are so desperate to acquire opioids that they will seek out multiple...
Embezzlement amount may classify as a felony offense
Pennsylvania’s statutes categorize embezzlement as theft, which could result in a misdemeanor or felony charge. The U.S. Department of Justice describes embezzlement as fraudulently misappropriating property placed in an individual’s trust. Property that employees control as part of their jobs requires exercising a fiduciary duty of care. When an employee...
Pennsylvania House passes bill to toughen penalties for multiple DUI offenses
If you have at least one DUI conviction on your record, you should know that the penalties for a second or subsequent conviction might be getting tougher in Pennsylvania soon. In mid-November, the state House of Representatives passed a bill to make the sentence for a subsequent DUI harsher. Here...
Can test results leave you wrongly accused of DUI?
If law enforcement pulls you over on suspicion of driving under the influence of alcohol, testing will likely be the next step in the arrest process. Will the outcome of your case depend on the tests you take? Could the results leave you wrongly accused of DUI? Failing the field...
The negative impact of a criminal record
Getting in a legal jam may result in a permanent mark on your criminal record. While you may not believe something minor may affect you moving forward, you may find yourself dealing with the consequences of a criminal charge for many years. Having a criminal record may place limitations on...
The truth about how the ARD program works in Pennsylvania
For Pennsylvanians with no prior record who have been charged with certain crimes, there may be an alternative to going through a trial or pleading guilty. The Accelerated Rehabilitative Disposition (ARD) program is a way for some criminal defendants in Pennsylvania to avoid the risk of jail or prison. However,...
Pennsylvania and self defense: when you can protect yourself
The police say you assaulted somebody. What actually happened was, the other person lunged at you, and you were just protecting yourself from harm. What do you do now? Like every other state, Pennsylvania allows you to use force against someone you reasonably believe is trying to kill you or...