Author Archives: David R. Eshelman
Pennsylvania Medical Marijuana Cardholders Prohibited from Owning Firearms
The Pennsylvania State Police recently released a reminder to state residents that it is illegal to possess both a firearm and a medical marijuana card. Even though some states have legalized marijuana for medical and recreational usage (or just medical, as in Pennsylvania’s case), the drug is still illegal at the federal level. Federal firearm […]
Driver Who Had License Suspended After Drug Conviction Sues to Repeal Pennsylvania Law
Russell Harold, a 52-year-old man from the Philadelphia area, has seen his fair share of legal troubles over the past few years. He was arrested in Philadelphia for drug possession when police caught him with prescription pills and marijuana in his pocket. He was sentenced to two years of probation, along with a two-year driver’s […]
Helpful Tips for Challenging a Speeding Ticket
In most cases, speeding is a traffic infraction rather than a crime, unless there are exacerbating circumstances. Still, the consequences for a speeding ticket can be severe in some cases, especially if you have a history of citations on your record. You may need to pay large fines or suffer the consequences of a license […]
How Do Police Officers Get Search Warrants?
Generally, police officers may only search your home or property if they obtain a search warrant or if you provide consent. A search warrant is a legal document that a neutral judge or magistrate must sign to legally authorize officers to conduct a search. Any officer seeking a warrant must provide facts establishing probable cause […]
Common Criminal Issues Related to the Discharge of a Weapon
Americans have a constitutionally protected right to bear arms. However, there are laws and ordinances in states, cities and other local municipal governments that regulate how these firearms may be used. Below are a few common examples of laws related to the discharge of a weapon: Unlawful discharge: Unlawful discharge is the most general category […]
What to Do If You Get Arrested in Pennsylvania
Whenever you get arrested, you have the right to remain silent and to speak with an attorney. However, these rights only offer you protection if you use them. It’s critical that you fully understand your rights and how to proceed once you’ve been placed under arrest. Below are some tips on what you should do […]
What Must a Prosecutor Prove in a Resisting Arrest Case?
The crime of resisting arrest occurs when a person interferes with a police offer’s attempt to perform a lawful arrest. In Pennsylvania, it is a misdemeanor of the second degree (up to two years imprisonment, fine of up to $5,000.). To convict a person for resisting arrest, prosecutors must prove the following elements beyond a […]
‘Constitutional Carry’ Could Affect Pennsylvania Gun Crime Laws
Pennsylvania Rep. Rick Saccone (R-Elizabeth Township, Allegheny County), who has been in the news for his efforts to eliminate license suspensions as a punishment for non-driving offenses, is now pushing for the commonwealth to become a “constitutional carry” state for firearms. In a constitutional carry state, lawful gun owners may carry a handgun and certain […]
State’s New Strangulation Law Leads to More Felony Assault Charges
We are currently in the first full year under Pennsylvania’s new strangulation law. Since the first person was arrested under the law in January 2017, approximately 60 people have been charged with strangulation in Cumberland County alone. This caused felony assault charges to double in the county compared to 2016. This is consistent with statewide […]
