Blog - Page 6 of 26 - Neff Sedacca Law Offices

The Medical Marijuana Act in PA and Employment

The Medical Marijuana Act in Pennsylvania prohibits patients under the influence of medical marijuana from performing employment duties at heights or in confined spaces. 35 P.S. § 10231.510(2). Also, in regards to employment of patients, employers have discretionary authority in certain instances. An employer may prohibit a patient who is under the influence of marijuana from performing any...

Medical Marijuana, UncategorizedJuly 19, 20170 comments

by Marc Neff

The Need to Know for Potential Medical Marijuana Patients in Pennsylvania

Pennsylvania’s Medical Marijuana Act provides the guidelines to obtaining medical marijuana. Under the Act, medical marijuana can only be dispensed to a patient who “receives a certification from a practitioner and is in possession of a valid identification card issued by the department,” and also to caregivers who have a valid identification card. 35 P.S. § 10231.303. The caregiver is someone...

Drug Crimes, Medical MarijuanaJuly 13, 20170 comments

by Marc Neff

Medical Marijuana Growing Licenses Granted

Pennsylvania’s Department of Health has issued 12 licenses for medical marijuana growers. The winners of the bids included many wealthy and powerful business firms. The medical marijuana industry is not for people with small bank accounts. There is a non-refundable application fee of $10,000 in addition to a permit fee for growers of $200,000. This permit fee is refundable if you are not...

Medical MarijuanaJuly 10, 20170 comments

by Marc Neff

The SCOTUS recently addressed several issues that will impact blood alcohol testing in Pennsylvania Birchfield v. North Dakota, 579 U.S. ___ (2016)

This decision consolidates three appeals dealing with petitioners’ refusal to take a blood alcohol concentration (BAC) test, either via breathalyzer or drawn blood. Case 1: A North Dakota state trooper arrested Birchfield for driving while impaired. He told Birchfield that refusing to take a blood test would expose him to criminal penalties. Birchfield refused and was convicted. On appeal to...

Driving under the influence (DUI)September 30, 20160 comments

by Marc Neff

Third Circuit Rules Senator’s Acts Not Protected

U.S. Senator Robert Menendez was indicted by a grand jury for soliciting and accepting gifts from friend Dr. Salomon Melgen in exchange for influencing an enforcement action against Melgen for Medicare overbilling, and intervening on Melgen’s behalf in a contract dispute between Melgen and the Dominican Republic. Menendez also failed to disclose reportable gifts from Melgen, as required by the...

Federal White Collar CrimeSeptember 16, 20160 comments

by Marc Neff

Third Circuit Says Government Can’t Infringe upon the Right of Allocution (U.S. v. Jason Moreno)

From July 2005 to November 2007, the defendant (Moreno) was an appraiser in a mortgage fraud scheme who for payment provided inflated appraisals to other scheme members. He also acted as broker, buyer, or seller in other fraudulent transactions. A federal jury convicted him of multiple counts of wire fraud and conspiracy to commit wire fraud. After receiving a 96-month prison, he appealed to...

Federal White Collar CrimeAugust 18, 20160 comments

by Marc Neff

A defendant who is convicted for committing federal sexual exploitation and child pornography crimes and who pays criminal restitution to the victim can be sued in a civil action by the victim for damages for the same offense (under 18 U.S.C. Sec. 2225)

The plaintiff-appellant (“Doe”) was adopted by the defendant-appellee (“Mancuso”) when she was five years old. During the next five years, the Mancuso sexually abused her, photographed and videotaped the acts, and distributed the media in internet chat rooms. He was investigated and eventually arrested. Under a plea agreement, he pled guilty to the charge of sexual exploitation, and the...

Sex Crimes & Abuse AllegationsJuly 21, 20160 comments

by Marc Neff

Arizona’s Highest Court Resolves Questions regarding DUI Convictions of Medical Marijuana Users (Dobson v. McClennen, 238 Ariz. 389 (2015))

The two petitioners were each charged with and convicted of two counts of driving under the influence: first, driving while impaired to the slightest degree under ARS Sec. 28-1381(A)(1); and second, driving while any amount of an impermissible drug or its metabolite is in the body under ARS Sec. 28-1381(A)(3) (emphasis added). Arizona’s DUI laws identify these as separate offenses. The trial...

Driving under the influence (DUI), Drug CrimesJune 14, 20160 comments

by Marc Neff

Pennsylvania Courts Uphold Institutional Sexual Assault Statute as Applied to Teachers’ Aide and 18 Year Old Student

A teacher’s aide who worked at a high school and admitted to engaging in sexual activities with an 18-year old male student was unsuccessful in her appeal of the trial court’s judgment of sentence. Appellant asserted that section 3124.2(a.2)(1) of the Commonwealth’s institutional sexual assault statute was both unconstitutionally vague and unconstitutionally overbroad. The court rejected both...

Sex Crimes & Abuse Allegations, UncategorizedJune 1, 20160 comments

by Marc Neff

Philadelphia DUI Arrests & Challenges to the Case. By a criminal attorney in Philadelphia

DUI Arrests in Philadelphia Driving under the influence (DUI) or driving while intoxicated (DWI) cases are among the most common criminal cases in Philadelphia. These cases are often complex, as they usually involve issues related to the constitutionality of the initial traffic stop and lab tests proving blood alcohol concentration (BAC). DUI Sentencing in Pennsylvania Sentencing for DUI...

Driving under the influence (DUI)November 4, 20150 comments