Category Archives: Criminal Defense
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 […]
Eagles Players Head to Harrisburg to Push Criminal Justice Reform
Philadelphia Eagles players Malcolm Jenkins, Chris Long and Torrey Smith recently traveled to Harrisburg to lobby the state legislature for criminal justice reform. The three are actively involved with The Players Coalition, which, among other things, is active in advocating for reforms to the criminal justice system nationwide. While in front of the legislature, they […]
State Lawmaker Pushes Marijuana Legalization After Study Shows Racial Disparity in Arrests
After a recent report reflected major racial disparities in the enforcement of marijuana crimes in Pennsylvania, State Rep. Ed Gainey of Pittsburgh decided to push to legalize (or at least decriminalize) the drug. A new resolution Rep. Gainey introduced into the state House of Representatives would “establish an advisory committee to conduct an ongoing study […]
Criminal Threats: Not a Form of Protected Speech
Although the U.S. Constitution guarantees all citizens the right to free speech, that right does not protect all forms of speech. There are long-recognized limitations on what exactly constitutes free speech. There are, for example, prohibitions against libel, slander and criminal threats. A criminal threat involves one person threatening another with physical harm. This threat […]
Can I Go to Jail for Selling Fake Drugs?
From time to time, we hear a story about someone purchasing baking powder that the seller claimed to be cocaine or aspirin the seller passed off as OxyContin. In these situations, can the person who sold the “drugs” be sent to jail — even if the substances themselves were not real drugs? The short answer […]
What to Know About Juvenile Drug Possession
If you are an adult and you’ve been charged with a drug possession crime, your case would go through the regular court system. This process works differently for minors, who typically go through the juvenile court system instead. Any person under 18 who knowingly possess an illegal or controlled substance without a legal justification may […]
