In a brand new decision, a panel of three judges in the Pennsylvania Superior Court held that a trial judge may not impose a mandatory minimum sentence based on a DUI defendant’s refusal to submit to a warrantless blood test. This past summer the United States Supreme Court concluded that a breath test, but not […]
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Life, Liberty, and Pursuit of Happiness Not Enough to Expunge Conviction
“It’s been over 30 years. It would be nice to put this behind me.” That is what John Romeo was hoping to do when he filed a petition for expungement of his 32-year-old criminal trespass conviction. The Montgomery County Court of Common Pleas denied his motion. The Pennsylvania Superior Court affirmed the denial holding that […]
Steve Fairlie’s new LexisNexis DUI Practice Guide Now Available
Defense Attorney Steve Fairlie and former elected District Attorney Max Little have collaborated on a book, recently published by LexisNexis, titled Pennsylvania DUI Law. The book is a comprehensive look at the issues that arise in Pennsylvania DUI cases and how to solve them. This book is designed to be used by defense attorneys and […]
Criminal Record Sealing Law in PA Greatly Expanded
Earlier this year we posted an article discussing that a broader criminal record sealing law will be going into effect later in the year. Well, that time has now come. Starting November 14, 2016 , an individual who has been convicted of certain non-violent 2nd or 3rd degree misdemeanors is able to seek to have […]
Prison Conversations Can’t Be Recorded Under the Wiretap Act
Last year the Pennsylvania Supreme Court had agreed to take up a case of first impression to determine whether certain “visit communications” between inmates and their visitors fall within the exceptions to Pennsylvania’s Wiretapping and Electronic Surveillance Control Act. Pennsylvania’s Wiretap Act generally prohibits intercepting, using or disclosing communications. The Act contains 18 exceptions to […]
