Articles

A facetious Facebook post can now be a Terroristic Threat in Pennsylvania

Filed under: Criminal Law by Steven F. Fairlie @ September 1, 2020

The Pennsylvania Superior Court has upheld a Washington County ruling that a person who remarked “Let’s shoot them and start over” on Facebook, during a school strike, can be convicted of Terroristic Threats. Terroristic Threats is a Misdemeanor of the First Degree, removing a host of rights including the right to possess firearms. Mr. Shallenberger […]

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PA police really do need a warrant to draw the blood of an unconscious DUI driver

Filed under: DUI by Steven F. Fairlie @ August 11, 2020

The Pennsylvania Superior Court just decided the case of Akim Sharif Jones-Williams, finding that police must have a warrant or valid exception to the warrant requirement to request a blood draw of a DUI driver who is fading in and out of consciousness. The warrant requirement is clear. Police can only avoid getting a search […]

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Montgomery County adopts Pretrial Services program for criminal cases

Filed under: Criminal Law, News by Steven F. Fairlie @ August 1, 2020

The Montgomery County PA Court of Common Pleas recently announced the implementation of a Pretrial Services Program in criminal cases. The program will be responsible for making bail recommendations and setting treatment requirements for those involved with addictions. The Court is also looking at setting up a “risk assessment tool” which would provide judges with […]

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Pennsylvania Preliminary Hearing cannot be based solely on hearsay!! Finally!!

Filed under: Criminal Law, News by Steven F. Fairlie @ July 21, 2020

Pennsylvania’s criminal defense lawyers have fought a long and arduous battle against the notion that a Preliminary Hearing wherein a police officer testifies to what various witnesses told him satisfies due process. Having been dragged to the very bottom of this slippery slope, and watched Preliminary Hearings take place without a single witness with first-hand […]

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Pennsylvania probation officers can’t prohibit use of medical marijuana

Filed under: Criminal Law, Drug Crimes, News by Steven F. Fairlie @ June 18, 2020

The Pennsylvania Supreme Court just struck down Lebanon County’s ban on the use of medical marijuana by people who are on probation. Many other Pennsylvania counties, including Montgomery County, have the same rule, so the decision will have a significant impact. The Court’s reasoning was that the legislature has permitted medical marijuana so the probation […]

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