Author Archives: David R. Eshelman
When Evidence Is Not Fool-Proof
Eyewitness testimony, fingerprints, and ballistics test results all enjoy a popular reputation for being evidence that is unassailable. All three of these forms of evidence, however, have their weaknesses. Eyewitness testimony. Although it seems counterintuitive, eyewitness testimony is actually very flimsy. Most eyewitnesses end up testifying from memory to events that they saw while not […]
Boating Under the Influence
Pennsylvania has hundreds of miles of navigable waters and over 300,000 registered boats. The Commonwealth also had almost $2 billion in retail alcohol sales in 2011. When you put these statistics together, you can understand why state authorities consider boating under the influence (BUI) a problem. In 2011, the last year for which statistics are […]
Are You the King (or Queen) of Your Castle?
Pennsylvania’s stand your ground law Ask many homeowners to describe their worst nightmare and you might be surprised to discover how many fear of being attacked by criminals in their own homes. This fear underlies Pennsylvania’s Castle Doctrine. It allows citizens to defend themselves with deadly force if they are threatened at home, or even […]
Pennsylvania’s Underage Drinking Rules
They affect adults, too Alcohol consumption can be dangerous for adults and all the more so for minors. Pennsylvania, like most states, makes it illegal for a minor to purchase, possess or consume alcohol. Minors caught purchasing, possessing, or consuming alcohol are subject to a mandatory 90-day driver’s license suspension. Any detectable alcohol in a […]
Save Your Confession for Church
Why you should never confess to a crime without a lawyer present Prosecutors love to try cases where the defendant has already confessed to the crime during a police interrogation. Often, a confession saves the prosecution the time and effort of having to prove its case beyond a reasonable doubt. Young people are especially vulnerable […]
Victims of Circumstance
Can you be convicted based solely on circumstantial evidence? Many people believe that if there are no eyewitnesses to a crime and no DNA evidence then there can be no finding of guilt. That belief is wrong. Circumstantial evidence can be enough to convict someone of a crime even if there is no direct evidence. […]
What New Fines for Underage Drinking Can Mean to You
Getting stopped for driving under the influence (DUI) is the last thing young partygoers think about when heading out for an evening of friends and fun. But it can weigh heavily on their minds when they are hit with the new fines for underage drinking that went into effect on Christmas Eve 2012. The increase […]
PA Putting Out the Red Flag for Hit and Run Drivers
Being involved in a car accident can be a traumatizing experience, both for an accident victim and the driver. Many drivers panic and seek to flee the scene. The law expects drivers to fight this urge and requires them to show the victim or a police officer at the scene their driver’s license and insurance […]
Six Tips to Help Your Loved Ones Safely Use the Internet
The recent arrest of ten men involved in child pornography in Berks County should be a warning for adults and children alike. For parents of young kids such news can be especially frightening. But minors are not only victims online. Sometimes minors can be perpetrators as well. Sharing photos of oneself or others, known as […]
Qualifying for the Berks County DUI Alternative to Jail
A new father celebrating the birth of his son with a few beers gets arrested for a DUI (driving under the influence). Will he have to spend the first days of his new son’s life in a county jail? Berks County has an Accelerated Rehabilitative Disposition (ARD) Program for DUI. This program is an alternative […]
