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Author Archives: David R. Eshelman

Teacher’s Arrest Illustrates Career Consequences of DUI

Earlier this year, a special education teacher in western Pennsylvania resigned his position after being arrested for driving under the influence, resisting arrest, public drunkenness, and criminal mischief. The incident occurred just before 7 a.m.; the teacher allegedly crashed his car into the railing next to a baseball field near the entrance to Gateway High […]

Degrees of Homicide Under Pennsylvania Law

Pennsylvania Criminal Homicide Offenses The unlawful taking of a human life is the most serious offense in our criminal code. But not all killings are equal. Here is a brief summary of Pennsylvania’s law of criminal homicide: Murder in the first degree — An “intentional killing.” Here the statute provides a further definition: “Killing by […]

What Is the Law on Parental Kidnapping in Pennsylvania?

According to The Herald of Sharon, Pennsylvania, a Sharpsville man was recently charged with the murder of his girlfriend and the kidnapping of their eight-month-old daughter. If the authorities are correct, this is a shocking crime to contemplate. But, unfortunately, child custody disputes often cross the line from civil court disputes to criminal violations. Although […]

What Exactly Is the Crime of Burglary in Pennsylvania?

A Reading man was recently arrested for a crime spree that included several burglaries of businesses in Lancaster County. Most people understand that burglary has something to do with the illegal entry of a premises and is generally connected to theft. But what exactly do prosecutors have to prove to secure a conviction for burglary? […]

Reading Police Warn of Holdups Targeting Small Businesses

December 2016 ended with a crime spree in northeast Reading. Three small businesses — San Francisco Deli in the 700 block of North 13th Street, M&M Multi Service on North Ninth Street, and Amanda Grocery on Buttonwood Street — were robbed by a masked gunman. According to WFMZ TV, the robber was described in two […]

Ex-Congressman Begins Serving Sentence for Public Corruption

On Wednesday, January 27, 2017, Chaka Fattah, the ex U.S. Congressman from Philadelphia, began serving a 10-year prison term at the federal prison in Lewis Run, Pennsylvania, for crimes related to public corruption that include racketeering, bribery, money laundering, and fraud. Indicted in 2015, Fattah, 59, ran for re-election in 2016. He lost his primary […]

After Court Ruling, PA Prosecutors Nix Blood Tests for DUI

In January of this year, the AP reported that prosecutors throughout Pennsylvania were advising police not to use blood tests on DUI suspects, but only to rely on Breathalyzer tests. This change in policy comes about six months after a landmark U.S. Supreme Court case, Birchfield v. North Dakota, which requires law enforcement to get […]

Police Chief Uses Facebook to Call for Tougher DUI Laws in PA

Following a DUI crash that killed two people in early January, Newberry Township Police Chief John Snyder posted a lengthy message on Facebook lamenting that “bodies are piling up,” and urging Pennsylvania lawmakers to pass stricter DUI laws. According to ABC27 News, Snyder’s “social media rant” cited a study claiming Pennsylvania’s DUI laws are among […]

Richland Man Sentenced to Prison for “Drug Delivery Resulting in Death”

A heroin dealer will spend between eight-and-a-half and 20 years in state prison, following sentencing for the crime of “drug delivery resulting in death.” Twenty-nine-year-old Anthony L. Spencer sold heroin to 23-year-old Shawn Kemble, who subsequently died of an overdose in August 2015.  Under § 2506 of the Pennsylvania Consolidated Statutes, Spencer could have received […]

Frequently Asked Questions About Expungement

In some circumstances, you may have your criminal record expunged, which means certain criminal offenses are erased from your record. We regularly receive questions about expungement, and so we have compiled some answers to the most common: Do records ever get automatically expunged? In some counties of Pennsylvania, only upon successful completion of the Accelerated […]

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