Author Archives: David R. Eshelman
Debt to Society
Collateral consequences for a criminal record He was convicted of possession of cocaine. A half-gram earned him a felony conviction, six months probation and a $100 fine. That was 25 years ago. Darrell Langdon, a 52-year-old father of two, was offense-free, raised two boys as a single parent, and worked hard ever since. In […]
Rx for Disaster
You have unused medications on the shelf. A friend offers a painkiller because he or she had extra. You went to a party and were given some pills that made you feel pretty good. You are not causing trouble — so there is no trouble, right? Well, wrong. Using prescription drugs without a valid prescription […]
Pot, Pills, and Snow White
Drug abuse is a top health and legal issue in the United States. The U.S. Department of Justice estimates the economic cost of drug abuse in our country is $215 billion. A rapidly expanding drug issue is prescription drug abuse. Prescription drug abuse refers to use by individuals of medication not prescribed to them, or […]
Can Your License Be Suspended for DUI?
One of the most severe penalties associated with a DUI (driving under the influence) conviction is the suspension of your license. Such suspensions occur under a number of different circumstances. First, anyone refusing chemical testing — Breathalyzer®, blood or urine testing — that tests for blood alcohol content receives a 12-month suspension of their driving […]
Evidence
Just the Facts — and What We Do with Them The ongoing story of former Pennsylvania State football assistant Jerry Sandusky is known around the country. Facing approximately 50 counts of child sex abuse, the grand jury findings of fact in the case give stark testimony why Mr. Sandusky is facing trial on June 5 […]
Social Media and Criminal Charges
By March of this year, Facebook had over 901 million active users worldwide. In the three months prior, an average of 300 million photographs were uploaded to Facebook each day. Twitter claims to have over 200 million users. MySpace, LinkedIn, and other social media sites mean connectivity is everywhere. Gossip, plans, thoughts, questionable statements — […]
Berks County Defense Attorneys at Work in the Community
Berks County criminal defense attorneys have a duty to each one of their clients. But they also have a duty to the community in which they live and practice. Throughout his lengthy career, attorney David R. Eshelman has lived this duty through his work in the community. And the legal community at large has recognized […]
Berks County Criminal Courts
Individuals accused of a crime in Berks County can expect to have contact with two different courts within the county during the criminal process. The most important is the Berks County Court of Common Pleas. This is a trial court of general jurisdiction that handles most criminal and civil matters arising within its jurisdiction. Most […]
How ARD Works
Accelerated Rehabilitative Disposition (ARD) is a program under Pennsylvania law that provides an alternative for first-time DUI offenders. It is especially valuable for those accused of driving with a high (0.1 percent or above) or highest (0.18 percent or above) BAC because it can allow them to avoid jail time that would otherwise be required […]
DUI Checkpoints in Pennsylvania
In the past, there was a great deal of controversy regarding the constitutionality of DUI checkpoints. Opponents argued that they are an unreasonable search that can occur in the absence of reasonable suspicion and that police utilize them arbitrarily. Proponents argue they are valuable tools in fighting drunk driving that allow police to target specific […]