The Bucks County Court of Common Pleas has announced that, consistent with recent CDC guidance, vaccinated people no longer need to wear masks in the Court Common Pleas or Magisterial District Courts. Individual Judges will still have the right to set rules for their own courtrooms, so come prepared with a mask, but it is […]
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If medical marihuana is legal, why does the odor of marihuana permit police to immediately enter and search a car?
The Pennsylvania Supreme Court has agreed to take up the issue of whether the smell of marihuana can justify police entering and searching a car now that medical marihuana is legal. A Lehigh County Judge had suppressed evidence (a gun) found pursuant to such a search. The Pennsylvania Superior Court reversed that holding on the […]
Arrested for DUI without drinking?
Many times I have heard attorneys laugh about clients with DUI level BAC results who deny they were drinking. Ridiculous right? Right – in most cases. But some of these clients are telling the truth. How can that be? Auto-brewery Syndrome is a medical condition where the body actually produces alcohol during digestion, creating an […]
“I’m NOT GUILTY!”
What does it mean when someone enters a plea of Not Guilty? Reporters also rush to print articles “on blast” that the defendant in a case pleaded Not Guilty. So what is the significance of this fact? In Montgomery County, Bucks County and probably most of the neighboring Pennsylvania counties, absolutely nothing. Every defendant in […]
A facetious Facebook post can now be a Terroristic Threat in Pennsylvania
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 […]
