Author Archives: David R. Eshelman
Holder: Courts Should Avoid ‘Risk Assessments’ in Sentencing
Attorney General Eric Holder recently aired his concerns that judges across the nation are unfairly factoring risk assessments into their sentencing procedures, and warned that this calculation violates the rights of defendants. Increasingly, several states — including Pennsylvania and Tennessee — have been enacting the use of such risk assessment or recidivism formulas, which take […]
Facing a Second DUI Charge in PA: What You Need to Know
Pennsylvania has been ramping up its efforts to eliminate driving under the influence over the past decade, and has introduced stricter penalties for both higher blood alcohol concentration (BAC) levels and subsequent offenses. To begin with, the penalties you face will vary depending on the tier classification of DUI. Pennsylvania considers a BAC between .08 […]
Why You Need a Defense Attorney Even if You Want to Plead Guilty
Only a small percentage of criminal cases ever go to trial. Some are dismissed at a preliminary hearing, but most are settled through a brokered guilty plea, often called a plea bargain. When the charges against you seem minor or when the evidence is overwhelming, you may assume that a defense attorney can do little […]
PA Crimes That Can Lead to Suspension of Privileges
In many cases, a first-time offender can expect to receive a fairly lenient sentence for a misdemeanor conviction — often little more than a fine or probation. However, the conviction may lead to unanticipated consequences. Certain crimes can result in the suspension of various privileges granted under the laws of Pennsylvania, including your license to […]
Prescription Crimes in Pennsylvania
Not all drug crimes involve back-alley dealings and hard-core street narcotics. Prescription fraud is also a serious offense. Yet people all too often assume that a controlled substance crime is somehow less serious because it involves a drug with legitimate medical uses. Nevertheless, drug offenses involving prescribed pills have emerged as a growing problem to […]
Seeking a Pardon in Pennsylvania
A serious criminal conviction can follow you for the rest of your life. Moreover, expungement for adult convictions in Pennsylvania is generally limited to summary convictions. As a result, most people have few options for removing a blemish from their records. If you are committed to removing a conviction from your record that does not […]
Sentencing and State Parole Violations
Many people misunderstand how criminal sentences work. As a result, defendants often struggle during plea bargain negotiations to realize what a particular sentencing range actually means in terms of time in prison. Typically, Pennsylvania state court prison sentences are handed down in terms of a range. Whether you serve the top end, bottom end or […]
Drug Treatment Courts Hailed as Successful
Drug and alcohol treatment courts clearly depart from the traditional judicial model. Nevertheless, their effectiveness in preventing recidivism and promoting true rehabilitation has been noted in nearly every jurisdiction where they are used. In Berks County, the Drug/Mental Health Treatment Court program began operation in 2005 to target a population of non-violent probation and parole […]
Employment Opportunities for People with Criminal Histories
The American criminal justice system has often been criticized as little more than a revolving door through which disadvantaged people spend the bulk of their lives in prison with brief interludes of freedom interspersed. Unfortunately, such a view is not completely unjustified. Even ex-convicts with an earnest desire to turn their lives around after release […]
PA Supreme Court Redefines Vehicle Search Exception
The Fourth Amendment to the U.S. Constitution protects people from being subjected to unreasonable searches of their persons and possessions unless police first obtain a warrant. However, federal court precedent has long recognized an exception for vehicles and has permitted warrantless searches as long as they were supported by probable cause. The Pennsylvania Constitution provided […]
