The Superior Court of Pennsylvania Says “No” to the “Plain-Smell” Doctrine
Three Judges the Question of Probable Cause Searches on the Basis of Marijuana Smell Alone Last month, the Superior Court in Pennsylvania took another step in the evolving legal landscape as it relates to the legalization of marijuana in the Commonwealth. The case, which dates back to a 2018 incident, questioned whether or not law enforcement had probable...
2020 Year In Review: A Look at Pennsylvania Laws Changes – DUI Focus
Increased Fines, Penalties and Jail Time are just some of the implications In a year unlike any other, change became the norm. While everyone worried about COVID-19, new Driving Under the Influence (DUI) laws took effect in the Commonwealth of Pennsylvania in 2020. The changes come as no surprise since the passing of Senate Bill 961 (2017-2018) combined with the unyielding position...
Landmark Ruling: Warrants Now Required to Search Vehicles in Pennsylvania Furthering the protection of individuals’ rights across the Commonwealth
Protection from unreasonable searches and seizures by law enforcement is a fundamental right afforded to individuals by the 4th Amendment of the United States Constitution. A similar but broader protection is provided at the state level pursuant to the Constitution of Pennsylvania Article 1, Section 8. In a landmark ruling, the Supreme Court of Pennsylvania overturned long-held precedent...
Pennsylvania Child-Abuse Registry: What You Might Not Know
Child-abuse is a topic that involves very sensitive issues and often the most vulnerable in our society. Of course, there should be no shortage of protections in place. However, what many don’t realize is that individuals in Pennsylvania can be placed on the child-abuse registry for alleged child abuse or neglect without a day in court or legal opportunity to challenge the accusations.
Top 10 Frequently Asked Questions by Prospective Clients
An arrest or indictment can be a frightening experience. The decisions you make will affect your freedom, your family and your financial well-being. One of the most important choices is finding the right criminal defense attorney and experience clearly matters. Experience alone is not enough. Reputation, preparation, attention to detail and access to expert witnesses are all critical to...
Mandatory Reporting: A Refresher Course Amid the New School Year
School is back – albeit different – yet the laws in place regarding child abuse and mandated reporting remain. They are as important and relevant today as they were before COVID-19 reached our shores. Over the past several years, amendments have been made to the Pennsylvania Child Protective Services Law (CPSL), including major reforms in 2013 and 2014.
Hiring a Criminal Defense Attorney: To Do or Not To Do
An arrest or indictment can be a frightening experience. The decisions you make will affect your freedom, your family and your financial well-being. One of the most important choices is finding the right criminal defense attorney and experience clearly matters. Experience alone is not enough. Reputation, preparation, attention to detail and access to expert witnesses are all critical to...
Cellphones and Privacy in the Spotlight on Both Sides of the River
Cellphones have been part of daily life for decades. Today, these powerful handheld devices are used for far more than calling family and friends. We use them to conduct business, bank online, search restaurants, make purchases, play games and literally find our way with directions. Whether for work or personal use, there is no end to the importance and reliance we place on cellphones.
Hearsay Evidence Alone No Longer Enough in Preliminary Hearings
The Supreme Court of Pennsylvania ruling further protects an individual’s rights to due process For the past 30 years, preliminary hearings have become a shell of what was intended by the justice system. Its procedural purpose to determine if there is enough evidence to bring a case to trial was reduced to, as some put it, a “rubber stamp” for prosecutors...