by Marc Neff
Pennsylvania Man Given Permission to Enter ARD Program, Despite Being Convicted of a Prior Felony Which was Expunged
A recent Pennsylvania Superior Court decision upheld a ruling by the Court of Common Please, York County, allowing a defendant with a prior felony conviction to enter an Accelerated Rehabilitative Disposition (ARD) Program; following his arrest for Driving Under the Influence. Brian Fleming was arrested and charged with two counts of Driving Under the Influence and a summary traffic offense...
by Marc Neff
Recorded Phone Conversation Ruled Inadmissible in Pennsylvania Sex Abuse Case
The Superior Court of Pennsylvania recently upheld a Trial Court’s decision that a taped phone conversation between a child and her alleged abuser was inadmissible at trial. David Deck, a resident of Cumberland County, was charged with statutory sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, indecent assault, and sexual abuse of children, when the child...
by Marc Neff
Scientist Believed to be Responsible for Anthrax Terror was Tracked via DNA
Bruce Ivins, the biological weapons scientist who committed suicide last week amidst investigation relating to the 2001 anthrax terrorism, was apparently tracked by the FBI through DNA evidence. According to the Associated Press, the FBI used advanced DNA fingerprinting techniques on samples of the anthrax which was mailed to the victims in 2001, as well as DNA of the victims themselves; five...
by Marc Neff
Professional Baseball Player Charged with Felony Assault for Involvement in On-Field Brawl
A brawl which occurred during a minor league baseball game in Ohio last week resulted in criminal charges filed against Peoria Chiefs pitcher, Julio Castillo. In the midst of the 10-minute long, bench-clearing melee, video shows Castillo maliciously throwing a baseball, but does not record where the baseball landed. As it turns out, the baseball struck a spectator, who later required...
by Marc Neff
Pennsylvania’s DUI Laws Apply to More Than Just Motor Vehicles
A Montgomery County, Pennsylvania resident convicted of Driving Under the Influence of Alcohol a few years ago, traded in his motor vehicle for a bicycle; to prevent himself from receiving any future DUI related charges. He never anticipated being charged with a second-offense for Driving Under the Influence, while riding his bicycle. On July 4, 2007, he was riding his bicycle from a holiday...
by Marc Neff
Philadelphia Youth Suspected of DUI and Vehicular Homicide Hurts His Defense with MYSPACE Page
Joseph Genovese, Jr., an 18-year old teen from Philadelphia, is suspected of vehicular homicide, resulting in the death of a tourist from St. Louis and severe injuries suffered by her friend last week in South Philadelphia. Police allege that the teen ran a red-light while intoxicated, striking the two victims that were leaving an afternoon Phillies game at Citizens Bank Park. Police became...
by Marc Neff
Philadelphia to Begin Enforcing Law Requiring the Reporting of Lost Firearms
Mayor Nutter and City Counsel plan to announce that enforcement of a controversial gun law will begin in early August of 2008. The law, which requires gun owners to report lost or stolen firearms within 24-hours of discovering their disappearance, was one of a bundle of five laws signed by Mayor Nutter in April. Philadelphia Common Pleas Judge Jane Cutler Greenspan struck down two of the...
by Marc Neff
PHILADELPHIA JUDGE RULES DEFENDANT NOT IN VIOLATION OF IMPLIED CONSENT, OVERTURNS LICENSE SUSPENSION
All licensed drivers in Pennsylvania are subject to the state’s Implied Consent law, which states: “Any person who drives, operates, or is in actual physical control of the movement of a motor vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood, or urine for the purpose of determining the alcoholic content of blood or the presence...
by Marc Neff
FORMER PHILADELPHIA EAGLE JEVON KEARSE VIOLATES IMPLIED CONSENT LAW
Jevon Kearse, formerly of the Philadelphia Eagles and now a member of the Tennessee Titans, was arrested over the weekend on the campus of Vanderbilt University, charged with Driving Under the Influence and Violating Tennessee’s Implied Consent Law. Kearse was stopped by campus police when an officer observed his vehicle swerving and traveling in excess of the 30 mile per hour speed limit on...
by Marc Neff