Marijuana

In Pennsylvania, Marijuana is categorized as a Schedule I drug under the PA Drug and Device and Cosmetic Act. This means that State College does not recognize any medical usage for marijuana. Marijuana offenses are categorized in 2 major categories: possession for personal use, graded as misdemeanor and possession with the intent to deliver, graded

Read More

Involuntary Search or Legal Procedure?

The Supreme Court of Pennsylvania Middle District ruled that the consent that Appellant, Randy Jesus Valdivia “Valdivia” gave to Pennsylvania State Troopers Jeremy Hoy and David Long to search his van did not extend to a canine search 40 minutes later. In 2013, Troopers Hoy and Long stopped Valdivia’s white minivan after he did not

Read More

Carpenter v. United States and the warrantless search and seizure of cell phone records

In the age of digital media and cellular devices, constant information and correspondence is circulated among individuals. In fact, according to recent statistics, there are nearly 224.3 smartphone users in the United States, with approximately 2 billion users globally.   While cell phones have proved to advance the rapidness of communication among people and the

Read More

FAQ’s

1) What is “Per se?” “Per se” is a Latin phrase that means “by itself.” In Pennsylvania, evidence that a person drove, operated or was in control of a motor vehicle with a BAC of 0.08% or higher is enough by itself to convict a person of DUI. A person with BAC less than 0.08%

Read More

PA House Bill 163 Amends Drivers’ License Suspensions for Underages and Drug Offenses

PA Governor Tom Wolf on Oct. 24, 2018 signed approval upon Act 95 which was enacted from PA House Bill 163 to amend Titles 4 (Amusements), 18 (Crimes and Offenses), and 75 (Vehicles) of the Pennsylvania Consolidated Statutes in relation to the suspension of drivers’ licenses for a conviction of PA Law §6308 and corresponding

Read More

Timothy J. Piazza Anti-Hazing Law Signed into Effect Next Month by Gov. Tom Wolf

PA Governor Tom Wolf on Friday Oct. 19 signed into law new criminal penalties for hazing in light of the death of Beta Theta Pi pledge Timothy Piazza.   Present for Wolf’s signature of PA Senate Bill 1090 included Tim’s parents Jim and Evelyn Piazza, his brother Michael, The Pennsylvania State University (PSU) President Eric

Read More

Suppression Granted as Judge Vacates Order

Centre County Judge Grine vacates order and grants suppression On June 23, Judge Jonathan D. Grine of the Centre County Court of Common Pleas vacated his earlier Order which denied a defendant’s suppression motion. The earlier Order was based on the ruling that the defendant lacked standing to bring a Fourth Amendment claim. Judge Grine

Read More

Mandatory Minimum Sentencing

PA Superior Court: Mandatory Minimum Sentencing Statue Unconstitutional Last week, the Pennsylvania Superior Court ruled that mandatory minimum sentencing statutes are unconstitutional. A mandatory minimum sentence is the minimum time a judge must sentence a defendant to serve if the defendant is found guilty. In 2013 the United States Supreme Court held in Alleyne v.

Read More

Prior Bad Acts Evidence

Blockbuster Ruling From Third Circuit Regarding Admissibility of Prior Bad Acts Evidence The Third Circuit Court of Appeals recently decided a significant case involving prior bad acts evidence under Rule 404(b) and the exclusion of prejudicial evidence under Rule 403. Although the case involves the Federal Rules of Evidence, the Pennsylvania counterparts to those rules

Read More

Federal Marijuana Bill

Pennsylvania Representative Introduces Federal Marijuana Bill Representative Scott Perry, a Republican from York County, Pennsylvania, recently introduced a bill to legalize certain strains of marijuana for therapeutic purposes. The legislation is named after Charlotte Figi, a young Colorado girl whose seizures were reduced from over 300 per week to about three over the course of

Read More