Author Archives: David R. Eshelman
Identity Theft
Identity theft is a popular crime in the United States, in part due to such easy access to personal information. If someone possesses or uses the identifying information of another person without that person’s consent to further an unlawful purpose, it is considered identity theft under Pennsylvania law. Although identity theft is most often a […]
A Last Chance for Justice — The Innocence Project
We like to believe that only the guilty are punished and the innocent go free. Pennsylvania’s Innocence Project, part of the nationwide Innocence Project, knows otherwise. Brian Banks, just released by the Atlanta Falcons as a free agent, had been a high school football star on his way to play for USC when he was […]
Miranda Rights — When They Apply and When They Don’t
Anyone familiar with television police shows such as Law and Order or CSI has surely seen the police officers portrayed on these shows reading Miranda rights to suspects: You have the right to remain silent Your statements may be used to incriminate you in court You have the right to an attorney Counsel can be […]
Social Media and Self-Incrimination
Derek Medina, the man dubbed The Facebook Killer for posting an alleged confession coupled with photos of his dead wife, pled not guilty to murder charges at the end of August. Medina was charged with second degree murder based in part on his Facebook postings. The use of social media has exploded in modern American […]
Stop-and-Frisk in Pennsylvania
Stop-and-frisk is a police practice of detaining people on the street and searching them. Two years after the American Civil Liberties Union (ACLU) filed suit to halt illegal stop-and-frisk practices by the Philadelphia Police Department, a follow-up study concluded that while the use of this tactic has declined, stop-and-frisk practices continue to be misused by […]
The Consequences of Leaving the Scene of an Accident
Recently, around 3:00 in the afternoon, a taxi struck a Temple University student who was crossing a Philadelphia street. The vehicle left the scene, leaving her unconscious in the road. She was rushed to the hospital with serious injuries. Surveillance cameras in the area caught the collision on film, and police are now seeking the […]
The Dangers of Texting While Driving
How much trouble can someone get into with a smartphone? Plenty, it turns out. Distracted driving has become a catchword for all those things drivers do when they stop paying attention, or pay only minimal attention to the road. Distracted driving includes texting, making cell phone calls, answering calls, and talking on a cell phone. […]
I Fought the Law and the Law Won – Resisting Arrest in Pennsylvania
Sometimes people refuse to be taken into custody without a fight. Often the feeling that your arrest is unjust may be subjectively justified. Maybe you already cleared up that warrant, or you know your brother got that ticket but used your name, or you feel you need to come to the aid of your buddy […]
How Your Sentence is Determined Under Pennsylvania Law
A Delaware County court recently sentenced rapper Benie Sigel to 6 to 23 months in jail for his plea to drug charges following last year’s Philadelphia traffic stop which produced a loaded automatic, an excess of cash and various controlled substances. Sigel will serve his sentence for drug charges concurrently with his current federal prison […]
The Aging of the Commonwealth and Elder Abuse Concerns
Pennsylvania’s population is aging. The House Aging and Adult Older Services Committee reported that there are 2.7 million people age 60 or older and that figure will exceed 3.6 million by 2030. Older Pennsylvanians age 60 or older comprise 21% of our Commonwealth’s population, but by 2030 they will be 25% of our population. By […]
