Author Archives: David R. Eshelman
White Collar Crime in Schools
When most people think of white collar crime, they imagine corporate boardrooms and national corporations. However, white collar crime can occur in the public sector as well — even the school system. While it may be difficult to imagine what type of white collar corruption could involve school administrators and teachers, recent news in the […]
Expunging Your Juvenile Record in PA
Many people believe incorrectly that juvenile arrest and delinquency records are sealed either at a certain time after the resolution of the case or when the juvenile reaches the age of 18. In fact, while juvenile records may not be as publically available as adult records, they can be accessed by certain parties and remain […]
School Zone Enhancement is Broader than You Think
Many individuals arrested for possessing or distributing drugs are surprised to learn they are being charged with possession in a school zone. They adamantly contend that they did not know a school was nearby, that school wasn’t in session or that they had no intention to sell to students. What they do not realize is […]
Unexpected Charges for Driving Under the Influence of Drugs
Driving under the influence (DUI) is a serious charge in Pennsylvania. Many a person has been somewhat surprised to face DUI charges after being stopped driving home from a restaurant or bar. One drink too many is all it takes. However, the rules governing controlled substances and the operation of motor vehicles are even harsher. […]
U.S. Supreme Court Considers Cell Phone Searches
It is difficult to imagine a more concentrated store of information than a modern cell phone. It seems doubtful that the framers of the Constitution — or even the justices of the Supreme Court several decades ago — could have imagined that a warehouse full of personal information could be stored on a device smaller […]
PA Supreme Court Limits Sentence Enhancement for Drug Crimes Involving Guns
Pennsylvania sentencing guidelines are much more than just a list of ranges for specific offenses. They are a labyrinth of enhancements, minimums and caveats that laypeople consistently struggle to understand. In operation, these rules can have a significant impact on the sentence a person receives and can also steer the course of plea negotiations. That […]
Record Number of Wrongful Convictions Overturned
The bedrock of the U.S. judicial system is the presumption of innocence. Still, there is a pervasive belief that anyone who is arrested must be guilty of something. Some people even implicate themselves by falsely confessing to a crime they did not commit. A recent report on exonerations — the dismissal of criminal charges — […]
The Five Types of Pennsylvania Drug Charges
Pennsylvania drug laws are tough and often carry severe penalties, including mandatory sentencing. The law recognizes a wide spectrum of drug infractions and crimes, from misdemeanors — such as being caught with a small amount of marijuana on your person — to felony drug trafficking charges. Because there are so many circumstances that can affect […]
Should Juveniles Be on the Sex Offender List?
In 2006, the federal government passed the Adam Walsh Child Safety and Protection Act, which made funds available to states that adopted its recommendations. In 2012, Pennsylvania qualified with the Sex Offender Registration Notification Act (SORNA). Under SORNA, any sex offender over the age of 14 must submit to registration requirements for at least 25 […]
