Articles

Weapons Permitted on School Properties If Used for Lawful Purpose

Filed under: Criminal Law by Contributor @ April 9, 2017

The Pennsylvania Superior Court in Commonwealth v. Goslin held that the language in the Possession of a Weapon on School Property statute, though broad, is unambiguous. Thus, the statute does not prohibit weapons on school property so long as the weapon is possessed for a lawful purpose. This is reminiscent of the open carry laws […]

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Drug Education Program Available to First Time Drug Offenders

Filed under: Drug Crimes by Contributor @ March 8, 2017

With the rise in drug-related offenses across the greater Philadelphia area, the Montgomery County District Attorney’s Office and Lower Providence Police Department announced the launch of a new drug education program for young drug offenders. The Drug Education and Abuse Prevention program (D.E.A.P.) is a voluntary pilot program for 18 to 26 year olds arrested […]

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No Mandatory Minimums for Refusing Blood Test in PA

Filed under: DUI by Contributor @ February 24, 2017

“In absence of a warrant or exigent circumstances justifying a search, a defendant who refuses to provide a blood sample when requested by police [for suspicion of DUI] is not subject to enhanced penalties” (Commonwealth v. Giron). The Pennsylvania Superior Court held that Giron, who was found guilty of DUI, was sentenced illegally because he […]

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Mandatory Minimums May Not be Imposed for Refusing to Submit to a Blood Test

Filed under: DUI by Contributor @ January 18, 2017

In a brand new decision, a panel of three judges in the Pennsylvania Superior Court held that a trial judge may not impose a mandatory minimum sentence based on a DUI defendant’s refusal to submit to a warrantless blood test. This past summer the United States Supreme Court concluded that a breath test, but not […]

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Life, Liberty, and Pursuit of Happiness Not Enough to Expunge Conviction

Filed under: Criminal Law by Contributor @ January 9, 2017

“It’s been over 30 years. It would be nice to put this behind me.” That is what John Romeo was hoping to do when he filed a petition for expungement of his 32-year-old criminal trespass conviction. The Montgomery County Court of Common Pleas denied his motion. The Pennsylvania Superior Court affirmed the denial holding that […]

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