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Author Archives: David R. Eshelman

What is the STOP Program?

When a state trooper and a middle school principal are stopped in Berks County for driving under the influence (DUI), you know that drinking and driving is a serious problem. It is estimated that in the United States, 50 percent of first time DUI offenders and 80 percent of second and subsequent DUI offenders will […]

New Megan’s Law Casts a Wider Net

A man interferes with his wife’s visitation rights, a teenage girl has sex with her younger boyfriend, and an amateur photographer takes pictures of young girls in the park. Will these people have to register under the new Megan’s Law that just went into effect in Pennsylvania? The answers can be frightening. The new law […]

Straight Shooting: Kids and Guns

Just like in the aftermath of the Amish school shooting in Lancaster County in 2006, kids and guns have been in the news a lot after the Newtown school massacre and for good reason. In 2011, minors under age 18 made up over one quarter of those arrested for illegal possession of weapons in Pennsylvania. […]

Pennsylvania’s Ignition Interlock Device Rules

After finding that alcohol was a major factor in wrong-way driving crashes, the National Transportation Safety Board recently recommended that states require ignition interlock devices (IIDs) to be installed on cars driven by anyone convicted of driving under the influence (DUI), even first-time offenders. Currently, PA law only requires an IID to be installed after […]

How Can the Berks County Drug Court Help You?

According to recent figures, the prison population in Pennsylvania has increased by 625% over the last 32 years. In the last eight years, Berks County has been trying to stem the increase in incarceration rates by using specialized treatment courts to get people the help they need rather than throwing them in jail. Berks County […]

How to Get Juvenile Records Expunged

When juveniles are convicted of a crime, the stain can follow them throughout their lives. It can affect educational opportunities, credit ratings, the ability to join the military, and the pursuit of job prospects. This can be true even if the information in the files is outdated or just plain wrong. Fortunately, there is a […]

How Your Immigration Status Can Complicate Your Criminal Case

Many legal residents and undocumented immigrants do not understand the significant impact of their immigration status on their criminal case. Because certain criminal convictions can result in removal or exclusion from the U.S., criminal cases involving those with immigration issues must be handled differently than other types of cases. Some plea agreements that would be […]

Why a Private DUI Defense Attorney Can Make a Difference in Pennsylvania Cases

Many people charged with driving under the influence radically misjudge the need for a private DUI defense attorney. Anyone who watches crime dramas is familiar with the portion of the Miranda warning that advises of the right of indigent defendants to have an appointed attorney. It is important to understand that the right to an […]

Could Warrantless Blood Draws Be on the Horizon in Routine Pennsylvania DUI Cases?

Pennsylvania’s implied consent law provides that drivers are deemed to consent to chemical blood alcohol concentration (BAC) testing of breath, blood or urine by virtue of operating, driving or being in physical control of a vehicle in Pennsylvania. When a police officer with “reasonable suspicion” that the driver is driving under the influence (DUI) stops […]

Law Enforcement Use of Warrantless GPS Tracking in Pennsylvania Drug Cases

Technological innovations like GPS tracking devices can simplify our lives, but they also have a darker side that can threaten our personal liberty and privacy. Law enforcement agencies are increasingly utilizing GPS tracking tools to monitor movements of citizens often without providing probable cause to a judge or obtaining a warrant. The U.S. Supreme Court […]

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