Earlier today, the United States Supreme Court issued its opinion in Alleyne v. United States. The Court sought to answer the question: when an element of a crime raises the mandatory minimum sentence for that crime, must the jury find the defendant guilty of that element beyond a reasonable doubt before the mandatory minimum sentence […]
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Drug Conviction May Affect Federal Student Aid Eligibility
Many college and graduate students receive federal student aid in the form of grants, loans, and work study to help pay for their education. But did you know that a drug conviction might affect your eligibility to receive student aid? If you have been convicted for the possession or sale of illegal drugs for an […]
Supreme Court: Collection of Pre-conviction DNA Samples is Constitutional
Last Monday, the United States Supreme Court issued its opinion in Maryland v. King. The Court sought to answer the question, Can the police or any other arresting agency take a DNA sample of an individual who has been arrested for a “serious crime”, even if he or she has not been convicted yet? In […]
Indirect Causation Not Sufficient For Aggravated Assault DUI
In a 2-1 decision, the Superior Court of Pennsylvania decided Commonwealth v. Spotti, regarding aggravated assault by vehicle while driving under the influence of alcohol (“AA-DUI”, 75 Pa.C.S. §3735.1). The question at hand was, Can a driver be found guilty of Aggravated Assault while DUI for an accident that was not directly caused by his […]
Can You Get A DUI For Sleeping Drunk In Your Car?
Imagine this – you leave a party or a bar, knowing full well that you are too intoxicated to drive. Not wanting to commit a crime, you decide to sleep in your car until you are sober, at which point you will drive home. During your sleep, you are interrupted by a police officer tapping […]
